An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Angola

Executive Summary

Angola is a constitutional republic. In August 2017 the ruling Popular Movement for the Liberation of Angola (MPLA) party won presidential and legislative elections with 61 percent of the vote. MPLA presidential candidate Joao Lourenco took the oath of office for a five-year term in September 2017, and the MPLA retained a supermajority in the National Assembly. Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. The Constitutional Court rejected opposition parties’ legal petitions alleging irregularities during the provincial-level vote count and a lack of transparent decision-making by the National Electoral Commission.

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The Criminal Investigation Services (SIC), also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police, in the Ministry of Interior, are responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The Angolan Armed Forces (FAA) are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda. Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by government security forces; arbitrary detention by security forces; political prisoners; refoulement of refugees; corruption, although the government took significant steps to end impunity for senior officials; crimes of violence against women and girls, which the government took little action to prevent or prosecute; trafficking in persons; and crimes involving societal violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, although parliament passed landmark legislation prohibiting discrimination against LGBTI persons.

The government took significant steps to prosecute or punish officials who committed abuses. It also dismissed and prosecuted cabinet ministers, provincial governors, senior military officers, and other officials for corruption and financial crimes. Nevertheless, accountability for human rights abuses was limited due to a lack of checks and balances, lack of institutional capacity, a culture of impunity, and government corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press. State media continued to be the country’s primary source for news and generally reflected a progovernment view. Nevertheless, individuals were increasingly able to use private media and social media platforms to openly criticize government policies and practices.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Press and Media, Including Online Media: Private radio and print media criticized the government openly and access to private media was expanding to outside the capital. For example, the private Catholic radio station Radio Ecclesia expanded its coverage from one to 15 provinces, and private media were on the internet. Journalists routinely complained of lack of transparency and communication from government press offices and other government officials.

The president appoints the leadership of all major state-owned media outlets and state control of these outlets often led to one-sided reporting. State news outlets, including Angolan Public Television (TPA), Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party but increased their coverage of opposition political parties’ perspectives and social problems reflecting poor governance during the year. The TPA continued to broadcast plenary sessions of the National Assembly live, including interventions by opposition parties. The channel also continued to invite opposition politicians and civil society members to comment live on stories featured on the nightly news, but private stations were prohibited from filming parliament. Opposition parties also received far less overall coverage on state media than did the ruling party.

Violence and Harassment: Journalists reported fewer incidents of violence or harassment compared with the previous year.

On June 20, relatives of the defendants in the court case of former minister of transportation Augusto Tomas and four others charged with corruption threatened the journalists covering the event while they were in the lobby awaiting the beginning of the court session. In response the head of the Angolan Journalists Union urged his colleagues to press charges against those who try to intimidate journalists.

Censorship or Content Restrictions: The Regulatory Entity for Social Communication (ERCA), a body mandated to license and delicense journalists and determine what constitutes appropriate media content, remained largely inactive.

Journalists reported practicing self-censorship for political and financial reasons.

The minister of social communication, the spokesperson of the presidency, and the national director of information maintained significant decision-making authority over media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media rarely published or broadcast stories critical of the ruling party, government officials, or government policies. Coverage critical of the previous government of Jose Eduardo dos Santos and of senior-level officials who had been dismissed on allegations of corruption increased significantly during the year.

Libel/Slander Laws: Defamation is a crime for which conviction is punishable by imprisonment or a fine, and unlike in most cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices, while the government assessed that some journalists abused their positions and published inaccurate stories regarding government officials without verifying the facts or providing the accused the right of reply.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Document checkpoints in domestic airports and on roads throughout the country were common. Reports by local NGOs suggested that, in spite of an incremental drop in cases, some police officers continued to extort 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.

f. Protection of Refugees

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

There were reports throughout the year that Lunda Norte provincial authorities exerted pressure on irregular migrants and refugees to return to the Democratic Republic of the Congo (DRC). The government failed to provide adequate protection for asylum seekers and urban refugees.

In November 2018 security forces launched Operation Rescue, a nationwide law enforcement campaign to address violent crime, illegal migration, unlicensed commercial and religious activity, and road accidents. The campaign continued throughout the year. It acutely affected both legal and undocumented migrants, refugees, and stateless persons who rely on the informal markets to make a living, as job opportunities were limited and the law prohibits refugees from operating businesses. Political opposition parties and civil society organizations also criticized the operation for restricting religious freedom, including the closure of an estimated 2,500 places of worship.

The government did not implement key elements of the 2015 asylum law, which impeded 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 government discrimination against those communities.

The government generally cooperated with UNHCR, the World Food Program, and NGOs to protect and assist refugees. In August and September, the government supported a voluntary spontaneous repatriation of more than 15,000 refugees from Lunda Norte to the DRC. The government cooperated with UNHCR and the government of the DRC to respond to the humanitarian crisis and provided transportation for the spontaneous returnees. UNHCR estimated more than 8,000 refugees remained at its Lovua, Lunda Norte, resettlement camp.

Access to Asylum: The 2015 asylum law provides for the granting of asylum or refugee status, but the law had not been implemented. The 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 reported restrictions on freedom of movement in Lunda Norte Province. Police arbitrarily arrested or detained refugees and confiscated or ripped up their registration documents during periodic roundups, particularly in Dundo, the provincial capital. Refugees also reported periodic restrictions on freedom of movement from their resettlement site in Lovua, Lunda Norte Province and cited such restrictions a factor motivating them to return to the DRC.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the business license required to own and operate a business. Refugees often faced difficulty obtaining employment due to their 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 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

On January 23, the government approved a new penal code on corruption that directly regulates modern financial crimes and increases penalties for corrupt officials. At year’s end the new penal code had not entered into force. During the year President Lourenco dismissed cabinet ministers, provincial governors, senior military officers, and other high-level government officials due to alleged corrupt practices. The PGR launched significantly more corruption investigations and brought criminal charges against several officials. Official impunity and the uniform application of anticorruption legislation, however, remained a serious problem. President Lourenco continued to stress that ending impunity for corruption was among his administration’s top priorities.

Corruption: Government corruption at all levels was widespread, but accountability improved incrementally due to increased focus on developing better checks and balances and institutional capacity. On February 23, the PGR reported 604 cases involving public officials and political leaders suspected of corruption. Several high-profile cases including that of the son of the former president, Jose Filomeno dos Santos, the director of security and counterintelligence general Antonio Jose Maria, and former Luanda governor and current member of parliament (MP) Higino Carneiro were all under investigation or awaiting trial.

On August 16, former minister of transport Augusto da Silva Tomas was sentenced to 14 years in prison for embezzlement, misappropriation of public funds, abuse of power, and violating budgeting standards at the National Council of Shippers, a state international shipping regulator. Tomas was tried along with four former shipping officials, three of whom also received sentences ranging from 10 to 12 years.

On December 30, the Luanda Provincial Court preemptively froze all Angolan accounts and assets owned by former first daughter Isabel dos Santos, her husband Sindika Dokolo, and businessman Mario Leite da Silva on suspicion that the assets originated from state funds obtained unlawfully. At year’s end the government had yet to file any criminal charges.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. Laws and regulations regarding conflict of interest exist, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials, magistrates and public prosecutors as well as managers of public companies to declare their assets held domestically and abroad to the attorney general. The president and vice president were the first to submit their declarations in January 2018. Asset declarations are only disclosed for criminal, disciplinary, and administrative purposes and require a judicial warrant.

According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. Government officials are to make a declaration within 30 days of assuming a post and every two years thereafter. The law does not stipulate a declaration be made upon leaving office but states that officials must return all government property within 60 days.

Penalties for noncompliance with the law on public probity vary depending on which section of the law was violated, but they include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the Financial Court for prosecution. There were no known cases related to this law during the year.

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

A variety of domestic and international human rights groups operated throughout the country. Some of those investigating government corruption and human rights abuses alleged government interference in their activities particularly in provinces outside of Luanda. Civil society organizations faced fewer difficulties in contacting detainees than in previous years, and prison authorities permitted 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.

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.

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, except members of the armed forces, police, firefighters, members of sovereign bodies, and public prosecutors 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. 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.

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 negotiate with their employer for at least 20 days prior to a work stoppage. 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. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Employment, and Social Security. The law prohibits employer retribution against strikers, but 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 and two service centers in Luanda for workers who believed their rights had been violated. By law employers are required to reinstate workers who have been dismissed for union activities.

During the year there were several strikes in the public and private sector over disputes between employers and workers. There were also allegations of retribution against strikers during the year.

In January, April, and May, workers of the state-owned Luanda Railways staged several strikes demanding better working conditions and salaries. On May 13, police wounded at least 12 strikers who blocked a train that was operating as part of the legally required minimum train service. Three strikers were detained and fined. Strikers also alleged police coerced several strikers to return to work. Some, but not all, of the union’s demands were met following the strike.

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. 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.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and sets sufficiently stringent penalties.

The government did not effectively enforce the law due in part to an insufficient number of inspectors and to systemic corruption.

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 increased in the southern provinces that suffered a severe drought during the year. In certain villages in Cunene, children were forced to leave school and to work as herders or to dig wells and fetch water.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 years of age or older. Children can work from age 14 to age 16 with parental permission, or without parental consent if they are married, and the work does 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. The Ministry of Labor continued to implement its National Action Plan for the Eradication of Child Labor for 2018-22, which aims 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 and child labor was created in 2014 to coordinate enforcement actions. The government had difficulty monitoring the large informal sector, where most child labor occurred.

Inspectors are authorized to conduct surprise inspections whenever they see fit. Penalties were generally sufficient to deter violations. The government did not consistently enforce the law, however; child labor, especially in the informal sector, remained a problem. In the first trimester of the year, INAC registered 700 cases of hazardous child labor involving the handling of chemicals, stones, and bricks and reported the cases to law enforcement. 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.

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 diamond 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 (see section 6).

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

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 International Labor Organization noted the law did not clearly define discrimination, however. The constitution prohibits all forms of discrimination, although it does not specifically address sexual orientation or gender identity (see section 6). On January 23, the National Assembly passed a penal code that decriminalizes same-sex sexual relations and makes it illegal to discriminate based on sexual orientation. At year’s end the penal code, which parliament passed in January, had not been published or entered into force. The law provides for equal pay for equal work, but gender pay disparities in the country were among the highest in the world. Women held ministerial posts.

The government did not effectively implement the law. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. 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 foreign workers also occurred.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists and varies by sector. The UN Committee on Economic, Social and Cultural Rights raised concerns about the wide disparities of minimum wage by sector and the possibility this may undervalue work in woman-dominated sectors. The lowest minimum wage was for agricultural work and was set below the UN Development Program’s official line of poverty. 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 bonus amounting to 50 percent of monthly salary 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, and penalties were sufficient to deter violations. 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. On May 27, the General Labor Inspector of Lunda Sul reported that 10 companies were charged and fined for violating health and safety labor laws in the first quarter of the year.

Benin

Executive Summary

Benin is a stable constitutional presidential republic. In 2016 voters elected Patrice Talon to a five-year term as president in a multiparty election, replacing former president Thomas Boni Yayi, who served two consecutive five-year terms. During the year authorities held legislative elections in which no opposition party was deemed qualified to participate after failing to meet registration requirements implemented in 2018, effectively excluding them from the elections. As a result voter turnout declined from 65 percent in 2015 to 27 percent; the pro-Talon Progressive Union and Republican Block parties continued to hold all 83 seats in the National Assembly. Unlike in 2015, when the last legislative elections were held, international observers did not assess the elections as generally free, fair, and transparent.

The Beninese Armed Forces (FAB) are responsible for external security and support the Republican Police in maintaining internal security. The Republican Police, formed in 2018 through a merger of police and gendarmes, are under the Ministry of Interior and have primary responsibility for enforcing law and maintaining order in urban and rural areas. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included: unlawful or arbitrary killings; harsh and life-threatening prison conditions; rape and violence against girls and women with inadequate government action for prosecution and accountability; and child labor.

Impunity was a problem. Although the government tried to control corruption and abuses, including by prosecuting and punishing public officials, officials sometimes engaged in corrupt practices with impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected these rights.

There were many public and private media outlets, including two public and seven private television stations, three public and 50 private radio stations, and approximately 175 newspapers and periodicals. Many of these refrained from openly criticizing government policy.

There were reports the government inhibited freedom of the press.

Press and Media, Including Online Media: The press and media were closely regulated. The High Authority for Audiovisual and Communication (HAAC) is a quasigovernmental commission with members appointed by the president, private media, and the legislature. HAAC has a dual and perhaps inherently contradictory role of providing for press freedom and a mandate to protect the country against “inflammatory, irresponsible, or destabilizing” media reporting.

The government arrested journalists during the year. On April 18, according to the Committee to Protect Journalists, police arrested Casimir Kpedjo of the newspaper Nouvelle Economie for “spreading false information about the Beninese economy.” On April 23, he was released pending prosecution before CRIET, which had yet to be conducted by year’s end. On August 12, Ignace Sossou was convicted of “publication of false information by electronic networks” on Benin Web TV and journalist Parfait Folly was convicted of disseminating “false information” through WhatsApp. The journalists received one-month and six-month suspended sentences respectively and fines of 500,000 CFA francs ($849). Sossou appealed his sentence to the Court of Appeals of Cotonou. His appeal had yet to be heard at year’s end.

On December 20, Sossou was arrested on separate charges and on December 24, he was sentenced to 18 months in prison and fines of 200,000 CFA francs ($340) for “harassment through electronic means” after posting quotes to his personal social media accounts that he attributed to Cotonou’s public prosecutor. Sossou alleged that the prosecutor had made the comments during an anti “fake news” training organized by the French Media Development Agency (CFI).

On May 16, the Court of Appeals ruled that HAAC’s May 2018 suspension of the newspaper La Nouvelle Tribune violated the constitution and ordered HAAC to rescind the suspension. The ruling struck down a lower court’s finding in favor of HAAC’s suspension of La Nouvelle Tribune for publishing an article regarding the president’s private life that was deemed offensive. At year’s end HAAC had yet to rescind the suspension and La Nouvelle Tribune had yet to resume publication.

On December 17, the HAAC ordered the opposition-owned radio station Soleil FM to suspend its broadcasts on the grounds that its owner and 2016 presidential candidate Sebastien Ajavon failed to appear in person to sign the station’s annual broadcast registration documents, even though it is common practice for legal representatives to sign media registration documents on behalf of owners. Ajavon resides in France after being sentenced in absentia to 20 years imprisonment on drug trafficking charges. The charges against Ajavon were viewed by some observers as political in nature.

Censorship or Content Restrictions: HAAC publicly warned media outlets against publishing information related to legal cases pending before criminal courts because it could be interpreted as an attempt to influence court rulings. It was possible to purchase and thus influence the content of press coverage. HAAC warned media against such practices. Some journalists practiced self-censorship because they were indebted to government officials who granted them service contracts. Other journalists practiced self-censorship due to fear the government would suspend their media outlets. HAAC held public hearings on alleged misconduct by media outlets during the year.

Libel/Slander Laws: By law journalists may be prosecuted for libel and slander. Journalists may also be prosecuted for incitement of violence and property destruction, compromising national security through the press, or a combination of the two. Penalties for conviction include incarceration and fines. According to the 2018 Digital Code, anyone convicted of “relaying false information against a person using electronic means” may be sentenced to between one and six months in prison and a fine between 500,000 and 1,000,000 CFA francs ($849 to $1,698). The Digital Code applies to all social media.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association. Advance notification is required for demonstrations and other public gatherings. Unlike in 2018 the government frequently restricted freedom of peaceful assembly on political grounds.

c. Freedom of Religion

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

d. Freedom of Movement

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

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in assisting refugees and asylum seekers.

In 2018 as part of its effort to reduce corruption, the government banned roadblocks throughout the country. There were no illegal roadblocks during the year.

Foreign Travel: The government maintained documentary requirements for minors traveling abroad as part of its campaign against trafficking in persons. This was not always enforced, and trafficking of minors across borders continued.

The government regulates the timing and length of seasonal movement of migratory Fulani (Peul) herdsmen and their livestock into and within the country.

On July 31, the government issued a decree barring anyone wanted on criminal charges from obtaining civil documents, including passports, national identity cards, and certificates of citizenship.

f. Protection of Refugees

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

Durable Solutions: The government assisted refugees and asylum seekers with obtaining documents from their countries of origin while granting their status as privileged residents. The government also facilitated naturalization of refugees as part of a local integration effort. The government involved civil society, media, and academia in the process. In March 2018 the government National Commission of Assistance to Refugees assumed responsibility for refugee issues in the country following closure of the local UNHCR office. The commission cooperates with UNHCR through its regional office in Dakar, Senegal.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials sometimes engaged in corrupt practices.

It was commonly believed, and acknowledged by some judicial personnel, that the judicial system at all levels was susceptible to corruption.

Corruption: The government took several actions during the year to combat corruption. On February 7, after eight years in pretrial detention, CRIET convicted and sentenced the leaders of an unregulated investment company (Investment Consultancy and Computering Services) and its accomplices. CRIET found five individuals guilty of illegal microfinance activities, illegal banking activities, and fraud. Sentences ranged from three to 10 years’ imprisonment, with fines of between eight and 10 million CFA francs ($13,582 to $16,978). On February 20, the Council of Ministers dismissed Modeste Toboula, prefect of the Littoral Department, because he had authorized the illegal sale of state-owned plots of lands, two plots of which he acquired for himself. CRIET convicted Toboula of abuse of office and on June 3, sentenced him to one year in prison and fined him two million CFA francs ($3,396). In August, Toboula was released conditionally on medical grounds. On April 8, CRIET tried former chief clerk of the Court of Cotonou Abou Seidou in absentia, convicted him of embezzlement, and sentenced him to life imprisonment and a fine of 800 million CFA francs ($1.4 million).

Financial Disclosure: The law requires income and asset disclosure by appointed and elected public officials. Declarations are not made available to the public. The National Anti-Corruption Agency (ANLC) reported that as of August 12, the president and all cabinet members, and members of the Constitutional Court, HAAC, the Independent Electoral Commission, the ANLC, the High Court of Justice, and the Office of the Ombudsman submitted asset disclosure statements. The ANLC report noted, however, that only 63 of the 83 sitting National Assembly members and 27 of the 30 members of the Economic and Social Council had submitted declarations.

The penalty for failure to submit an asset disclosure is a fine of six times the monthly wage of the official concerned. The penalty has never been applied.

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

Several 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: In December 2018 the Constitutional Court swore in the first members of the Benin Human Rights Commission. The country had an ombudsman responsible for responding to citizen complaints of maladministration who was independent, adequately resourced, and effective. The Office of the Ombudsman reported addressing 258 cases, including cases involving contested land ownership, unfair dismissal, debt recovery, and government failure to implement judicial rulings.

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 rights of workers, except certain civil servants and public employees, to form and join independent unions with some restrictions. Unions must register with the Ministry of Interior, a three-month process, or risk a fine. The law does not establish clear grounds on which registration of a trade union may be denied or approved, and official registration may be denied without the union having recourse to a court. The law provides that a trade union federation must be made up of at least five enterprise-level trade unions in the same sector or branch of activity. Additionally, the law requires that a trade union confederation must be composed of at least three trade union federations of different sectors or branches of activities and that only trade union confederations may have affiliation at a national or international level.

On March 28, police arrested and jailed Joseph Aimasse–a member of a union affiliated with the Trade Union Confederation of Beninese Workers in Porto-Novo–for attempting to organize a women’s demonstration against National Assembly votes on laws limiting citizens’ freedom. The Court of Porto-Novo convicted Aimasse of “inciting people to participate in an unauthorized demonstration” and sentenced him to two months in prison, with a fine of 200,000 CFA francs ($340).

The law provides for the rights of workers to bargain collectively. By law, collective bargaining agreements are negotiated within a joint committee including representatives of one or several unions and or representatives of one or several employers’ associations. A labor inspector, a secretary, and one or two rapporteurs preside over the committee. The minister of labor and civil service has the authority to determine which trade unions may be represented in the negotiation at the enterprise level. The minister has the power to extend the scope of coverage of a collective agreement. The law imposes compulsory conciliation and binding arbitration in the event of disputes during collective bargaining in all sectors, “nonessential service” sectors included. The National Permanent Commission for Consultation and Collective Bargaining, and the Social Sector-based Dialogue Committee were active in each ministry to foster dialogue between the government and unions. On September 5, the commission met to address the status of outstanding union demands.

In 2016 the government, the National Employers’ Association, and six union confederations signed a “National Charter of Social Dialogue” including several measures to be undertaken by the parties to enhance dialogue while fostering democracy and good governance in a climate of social accord and national unity. In 2017 the government approved two decrees to establish a National Social Dialogue Council and to appoint its members. The council is intended to replace the National Permanent Commission for Consultation and Collective Bargaining.

The law provides for the right to strike for a limited duration with prior notification. The merchant marine code grants seafarers the right to organize but not the right to strike. A trade union considering a strike should notify, in writing, the leadership of the concerned entity and the minister of labor and civil service at least three days before the start of the strike. The notification letter should mention the reasons for the strike, including the location, date, and start time of the strike, and the expected duration of the strike. Although authorities do not formally grant permission to strike, strikes that fail to comply with these requirements are deemed illegal.

Authorities may declare strikes illegal for reasons such as threatening social peace and order and may requisition striking workers to maintain minimum services. The government may prohibit any strike on the grounds it threatens the economy or the national interest. Laws prohibit employer retaliation against strikers, except that a company may withhold part of a worker’s pay following a strike.

In September 2018 the National Assembly passed Act No 2018-35 Amending and Supplementing Act No 2001-09 of 2002 related to the right to strike; in October 2018 the president implemented the law. The law restricts the maximum duration of a strike to 10 days per year for all employees, except workers who are barred from striking. By law health-sector staff and military and police, customs, and water, forest and game and wildlife officers are barred from striking. Minimum service is required for workers that carry out essential responsibilities such as judges, prison and justice system personnel, and staff of the sectors of energy, water, maritime and air transport, financial administration, and telecommunication. Private radio and television broadcasters are excepted. Another provision provides that strikes motivated by the violation of universally recognized union rights may not prompt salary deductions.

The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Employers may not take union membership or activity into account in hiring, work distribution, professional or vocational training, or dismissal. In addition to certain civil servants and public employees, domestic workers, agricultural workers, migrant workers, and those in export processing zones are excluded from relevant legal protections.

Workers discussed labor-related issues with employers through the National Consultation and Collective Bargaining Commission. The commission held sessions and met with the government to discuss workers’ claims and propose solutions. Information regarding whether remedies and penalties had deterrent effects was not available.

The government generally respected the right to form and join independent unions and the right to collective bargaining. By law workers in the defense, justice, public security, and health sectors may not strike. The government did not effectively enforce the law, particularly in the informal sector and with regard to the provisions on antiunion discrimination and reinstatement. There were reports that employers threatened individuals with dismissal for union activity. No violations related to collective bargaining rights were reported. Penalties were enough to deter violations.

In January 2018 the National Assembly passed legislation abolishing the right to strike for workers in the security, health, and justice sectors. The move triggered a general strike by the National Union of Magistrates, paralyzing the administration of justice. In January 2018 the Constitutional Court struck down these provisions stating that the right to strike is a constitutional right that should be protected. The court in its decision urged the National Assembly to regulate the right to strike instead of banning it. In June 2018 the court reversed its previous ruling on the right to strike for government workers in the defense, security, health, and justice sectors, giving as justification the greater societal good of providing that essential state functions are performed without interruption.

b. Prohibition of Forced or Compulsory Labor

The labor code prohibits forced or compulsory labor, with certain exceptions. The law allows for imprisonment with compulsory labor. By law authorities may exact work not of a purely military character from military conscripts. Laws regulating various acts or activities relating to the exercise of freedom of expression allow imposition of prison sentences involving obligation to perform social rehabilitation work. Penalties for conviction of forced labor were generally enough to deter violations.

Forced labor occurred, including domestic servitude and bonded labor by children. Forced labor was mainly found in the agricultural (e.g., cotton and palm oil), artisanal mining, quarrying, fishing, commercial, and construction sectors. Many traffickers were relatives or acquaintances of their victims, exploiting the traditional system of vidomegon whereby a child, usually a daughter, is sent to live as a servant with a wealthier family.

In December 2018 the government adopted penal code revisions that criminalized adult trafficking and provided for 10 to 20 years’ imprisonment for conviction. The law was not effectively implemented during the year due to lack of agent training on the antitrafficking provisions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government has established laws and regulations related to child labor, including its worst forms. The List of Hazardous Occupations sets the minimum age for employment in hazardous work at age 18. The list identifies 21 trades prohibited for children and defines 74 related hazardous activities. Specific trades noted on the list include mining and quarrying, domestic service, and agriculture. The government did not effectively enforce the law.

The labor code prohibits the employment or apprenticeship of children under age 14 in any enterprise; children between ages 12 and 14, however, may perform domestic work and temporary or light seasonal work if it does not interfere with their compulsory schooling. The code bans night work for workers under age 18 unless the government in consultation with the National Labor Council grants a special dispensation. Workers under age 18 are entitled to a minimum 12-hour uninterrupted break including the nighttime period.

The Labor Office, under the Ministry of Labor and Civil Service, enforced the labor code only in the formal sector due to lack of inspectors. The total number of inspections conducted during the year was unavailable. Penalties for those convicted of violating laws were sufficiently strict to serve as a deterrent.

Labor laws were not effectively enforced. Despite the government’s limited capacity to enforce child labor laws, the government took steps to educate parents on the labor code and prevent compulsory labor by children, including through media campaigns, regional workshops, and public pronouncements on child labor problems. These initiatives were part of the Labor Office’s traditional sensitization program. The government also worked with a network of NGOs and journalists to educate the population regarding child labor and child trafficking. The Ministries of Justice and Labor and Civil Service supported capacity building for officials and agencies responsible for enforcing child labor laws.

During the year authorities arrested perpetrators of child labor violations in connection with child trafficking. On September 24, police arrested six women accompanying 11 child trafficking victims ages 10 to 16 in the village of Owode located in the southeast near the Benin-Nigeria border. The children were being trafficked from Togo to Gabon via Nigeria and Cameroon. Police stated the women arrested were members of a Beninese trafficking ring.

To help support their families, children of both sexes, including those as young as age seven, worked on family farms, in small businesses, on construction sites in urban areas, in public markets as street vendors, and as domestic servants under the practice of vidomegon. Many rural parents sent their children to cities to live with relatives or family friends to perform domestic chores in return for receiving an education.

Host families did not always honor their part of the vidomegon arrangement, and abuse and forced labor of child domestic servants was a problem. Children often faced long hours of work, inadequate food, and sexual exploitation; factors indicative of forced labor and exploitation of children in domestic servitude. Sometimes the child’s parents and the urban family that raised the child divided the income generated by the child’s activities. Up to 95 percent of children in vidomegon were young girls. Several local NGOs led public education and awareness campaigns to decrease the practice.

Most children working as apprentices were under the legal age of 14 for apprenticeship, including children working in construction, car and motorbike repair, hairdressing, and dressmaking. Children worked as laborers with adults in quarries, including crushing granite, in many areas. Children were at times forced to hawk goods and beg, and street children engaged in prostitution (see section 6). Children under age 14 worked in either the formal or informal sectors in the following activities: agriculture, hunting and fishing, industry, construction and public works, trade and vending, food and beverages, transportation, and other services, including employment as household staff.

Primary education is compulsory for all children between ages six and 11. Children ages 12 to 13 were particularly vulnerable to the worst forms of child labor, as they may have completed primary school but were under the minimum legal working age of 14.

Some parents indentured their children to “agents” recruiting farm hands or domestic workers, often on the understanding that the children’s wages would be sent to the parents. In some cases these agents took the children to neighboring countries to work, including Nigeria, Cote d’Ivoire, Togo, and Ghana.

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

d. Discrimination with Respect to Employment and Occupation

The constitution and labor code prohibit discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, and disability. The laws, however, do not explicitly prohibit discrimination based on sexual orientation, gender identity, and HIV or other communicable disease status. The government, in general, effectively enforced these laws and regulations in most sectors. Women experienced extensive discrimination because of societal attitudes and resistance to behavioral change (see section 6). Women’s wages consistently lagged those of men. According to the International Labor Organization Global Wage Report, in 2017 women earned 45 percent less per hour on average than men. Employment discrimination occurred in the private and public sectors. The prohibitions on discrimination did not apply to the large informal sector.

The labor code includes provisions to protect the employment rights of workers with disabilities, but many experienced discrimination in hiring and access to the worksite.

The Office of Labor is responsible for protecting the rights of persons with disabilities.

Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens.

e. Acceptable Conditions of Work

The government set minimum wage scales for several occupations. According to the UN Development Program, 60 percent of the population lives on an income of $1.90 a day or less, a poverty level income that is less than the minimum wage.

The labor code sets workweek hours at 40 to 60 hours, depending on the type of work, and provides for at least one 24-hour rest period per week. Domestic and agricultural workers frequently worked 70 hours or more per week, above the maximum of 12 hours per day or 60 hours per week provided for by the labor code. The labor code also mandates premium pay for overtime and prohibits excessive compulsory overtime.

The law establishes occupational safety and health standards (OSH). The government has the authority to require employers to remedy dangerous work conditions but did not effectively do so. Provisions of the law related to acceptable conditions of work apply to all workers. Penalties for violating the labor code were not enough to deter violations.

The Ministry of Labor and Civil Service and the Ministry of Social Affairs and Microcredit were responsible for enforcement of the minimum wage, workweek, and OSH standards. The ministries did not effectively enforce these standards, especially in the large informal sector. Significant parts of the workforce and foreign migrant workers did not benefit from minimum wage scales. Authorities generally enforced legal limits on workweeks in the formal sector but did not effectively monitor or control foreign or migrant workers’ work conditions. Government efforts were impeded by the insufficient number of labor inspectors and lack of resources to implement inspections. Random inspections were conducted in some sectors, but no information was available on the number of violations identified or convictions of persons tried for violations.

Many workers supplemented their wages by subsistence farming or informal sector trade. Most workers in the formal sector earned more than the minimum wage; many domestic and other laborers in the informal sector earned less. Violations of OSH standards mostly occurred in informal-sector trades, including hairdressing, dressmaking, baking, mechanics, and carpentry, where workers faced biological, chemical, physical, and psychological risks. Children involved in these trades as apprentices worked long hours and were more vulnerable to hazardous working conditions. In some mechanical and carpentry shops, children worked near dangerous tools and equipment, and some adults and children lacked adequate protective gear. According to various sources, informal workers accounted for more than 90 percent of workers in the country. Informal workers faced numerous challenges and vulnerabilities, including long working hours and no social security coverage. They often endured substandard working conditions and exposed to occupational risks. No data on workplace fatalities and accidents were available.

The law does not provide workers with the right to remove themselves from dangerous work situations without jeopardy to continued employment.

Botswana

Executive Summary

Botswana is a constitutional, multiparty, republican democracy. Its constitution provides for the indirect election of a president and the popular election of a National Assembly. The Botswana Democratic Party (BDP) won a majority in the October parliamentary elections, returning President Mokgweetsi Masisi to office for a five-year term and maintaining the party’s control on government that it has held since independence in 1966. The vote was generally considered free and fair by outside observers.

The Botswana Police Service (BPS), which reports to the Ministry of Defense, Justice, and Security, has primary responsibility for internal security. The Botswana Defense Force, which reports to the president through the minister of defense, justice, and security, is responsible for external security and has some domestic security responsibilities. The Directorate for Intelligence and Security Services (DISS), which reports to the Office of the President, collects and evaluates external and internal intelligence, provides personal protection to high-level government officials, and advises the presidency and government on matters of national security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: the existence of criminal slander laws, and corruption.

The government took steps to prosecute officials who committed abuses. Impunity was generally not a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press.

Freedom of Expression: The law restricts the speech of some government officials and fines persons found guilty of insulting public officials or national symbols. The law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense and may be fined up to 400 pula ($37). The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense and may be fined up to 500 pula ($47). There were no arrests or convictions under this law during the year.

Press and Media, Including Online Media: In a break from his predecessor, President Masisi initiated a productive relationship with media. He continued to hold press conferences and has repeatedly assured journalists of his respect for their role in a healthy democracy.

The government dominated domestic broadcasting. The government owned and operated the Botswana Press Agency, which dominated the print media through its free, nationally distributed newspaper, Daily News, and two state-operated FM radio stations. State-owned media generally featured reporting favorable to the government and, according to some observers, were susceptible to political interference. Opposition political parties claimed state media coverage heavily favored the ruling party.

Independent media were active and generally expressed a wide variety of views, which frequently included strong criticism of the government; however, media members complained they were sometimes subject to government pressure to portray the government and country in a positive light. Private media organizations had more difficulty than government-owned media obtaining access to government-held information.

The 2008 Media Practitioner’s law mandates registration of media outlets and journalists with a statutory body and has been criticized by human rights and press freedom NGOs, although it has never been implemented. In April an opposition parliamentarian proposed repealing the law, but the repeal was voted down in parliament on a party-line vote.

Censorship or Content Restrictions: Some members of civil society organizations stated the government occasionally censored stories it deemed undesirable in government-run media. Government journalists sometimes practiced self-censorship.

Libel/Slander Laws: There were no arrests for slander during the year. Nevertheless, the law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense. The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense. The government in 2014 arrested an editor and charged him with sedition for publishing articles regarding an alleged automobile accident involving then president Khama. In 2018 the government dropped the charges, but the courts did not rule on the constitutionality of the sedition clause.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights, although there were some restrictions on the ability of labor unions to organize (see section 7.a.).

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. A number of Namibians, whose refugee status was revoked in 2015, sued the government for restoration of their refugee status. In July the Court of Appeal ruled the Namibian refugees should be repatriated back to their country of origin, finding a lower court erred in granting them an order to stay in the country. In September the roughly 800 Namibians were deported back to Namibia following an agreement between the Office of the UN High Commissioner for Refugees (UNHCR) and the governments of Namibia and Botswana.

The government generally cooperated with UNHCR and other humanitarian organizations.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The system for granting refugee status was accessible but slow. The government generally provided protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

The government held refugees and asylum seekers in the FCII until the Refugee Advisory Committee, a governmental body, made a status recommendation. The committee met quarterly during the year. UNHCR representatives participated in advisory committee meetings as observers and technical advisers.

Safe Country of Origin/Transit: The government applies the principle of first country of asylum; on that basis in previous years it detained individuals, many of whom had refugee status in a third country and then claimed asylum.

Employment: In February UNHCR reported that most of the country’s 2,334 registered refugees were living in Dukwi Camp without the right to work outside the camp. As a general policy, all registered refugees must reside in Dukwi under a strict encampment policy, although the government may issue a residence permit to remain outside the camp in exceptional cases, such as for refugees enrolled at a university, in need of specialized medical care, or with unique skills.

Access to Basic Services: Refugees in Dukwi had access to education and basic health care. They were unable to access government programs for HIV/AIDS medication, but the government allowed an international donor-funded parallel program to provide such medication. UNHCR facilitated refugee and asylum seekers’ exit permit applications for medical referrals as necessary. Officials typically granted exit permits for three days; refugees found outside the camp without a permit were subject to arrest.

International observers noted there was no access to education in the FCII, which as of August 2018 housed 61 children. The center hosts a clinic, and a specialized nurse provides basic health care, while critical cases are referred to the Francistown city hospital.

Temporary Protection: The government provided temporary protection at Dukwi to individuals who may not qualify as refugees under the 1951 UN Refugee Convention or its 1967 Protocol. UNHCR provided food and other provisions to individuals under temporary protection.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption continued during the year. There were numerous reports of government corruption. A poll during the year by Transparency International found that 7 percent of those polled had paid bribes to government officials. This number was growing from the 1 percent who reported paying bribes in a 2015 poll.

Corruption: In January the country’s former chief of DISS was arrested as part of an ongoing investigation of alleged embezzlement at the National Petroleum Fund, according to press reports. In September President Masisi suspended his personal secretary after he was charged with abuse of office, money laundering, and receiving bribes.

Financial Disclosure: In August parliament passed a bill on declaration of assets and liabilities. A 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president.

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

The small number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to domestic NGO views on most subjects. The government interacted with and provided financial support to some domestic organizations.

Government Human Rights Bodies: An ombudsman within the Office of the President handled complaints of maladministration, including some human rights abuses in the public sector, and the government generally cooperated with the ombudsman. The Office of the Ombudsman had inadequate staff, however. In July 2018 the African Commission on Human and Peoples’ Rights encouraged the government to enhance the autonomy and financial independence of the ombudsman.

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 rights of workers–except police, military, and prison personnel–to form and join independent unions and to bargain collectively. Some workers are provided the right to strike. The law allows registered unions to conduct their activities without interference and with protection from antiunion discrimination.

The law limits the right to organize. Police, military, and prison personnel belong to employee associations to communicate collective needs and concerns to their government employer. Union representatives reported employee associations were generally not as effective as unions in resolving labor disputes.

Trade unions failing to meet formal registration requirements are automatically dissolved and banned from carrying out union activities. The law does not protect members of unregistered trade unions and does not fully protect union members from antiunion discrimination. This means that those trying to establish, join, or register a trade union are not protected from antiunion discrimination. The law imposes a number of substantive requirements on the constitutions and rules of trade unions and federations of trade unions. The law also authorizes the registrar to inspect accounts, books, and documents of a trade union at “any reasonable time” and provides the minister of defense, justice, and security with the authority to inspect a trade union “whenever he considers it necessary in the public interest.” It also allows the registrar or attorney general to apply for an order to restrain any unauthorized or unlawful expenditure of funds or use of any trade union property. Employers and employer associations have the legal right to ask the registrar to withdraw recognition of a union, and the Ministry of Employment, Labor Productivity, and Skills Development has the right to suspend a union if it is “in the public interest,” although the former practice was uncommon and the latter has never been employed. Any person acting or purporting to act as an officer of a trade union or federation that fails to apply for registration within 28 days of its formation is subject to sanctions.

The law provides for collective bargaining only for unions that have enrolled at least one-third of a sector’s workforce. The law does not allow employers or employers’ organizations to interfere in the establishment, functioning, or administration of trade unions. The law provides a framework for either employers or unions to nullify collective bargaining agreements and provides a mechanism for the other party to dispute the nullification. The law also permits an employer or employers’ organization to apply to the government to withdraw the recognition granted a trade union if it establishes that the trade union refuses to negotiate in good faith with the employer.

The law prohibits employees providing “essential services” from striking. In August the National Assembly passed legislation limiting the sectors covered by this prohibition in line with a recommendation from the International Labor Organization. The law limits its definition of essential services to aviation, health, electrical, water and sanitation, fire, and air traffic control services.

The law empowers two officials within the Ministry of Employment, Labor Productivity, and Skills Development (the minister and the commissioner of labor) to refer a dispute in essential services to arbitration or to the Industrial Court for determination.

Civil service disputes are referred to an ombudsman for resolution, and the ombudsman generally made decisions without government interference. Labor commissioners mediate private labor disputes, which, if not resolved within 30 days, may be referred to the Industrial Court.

Workers who are members of registered unions may not be terminated for legal union-related activities. Dismissals may be appealed to civil courts or labor officers, which have rarely ordered payment of more than two months’ severance pay. The law does not provide for reinstatement of workers, but a judge may order reinstatement if the termination is deemed to be related to union activities. The law does not provide protection to public employees’ organizations from acts of interference by public authorities in their establishment or administration.

The government generally did not respect freedom of association for workers. In addition, the government placed significant barriers to union organizing and operations, and there were some restrictions on the right to collective bargaining. Workers exercised the right to form and join unions, and employers generally did not use hiring practices to avoid hiring workers with bargaining rights.

The law severely restricts the right to strike, and strikes were rare. When unions followed legal requirements and exhausted arbitration and notified the government in advance of a planned strike, the government permitted strikes and did not use force on strikers. Due to strike requirements, however, many strikes were ruled illegal, and striking workers often risked dismissal. The law prohibits sympathy strikes. Compulsory arbitration was rare and only applied in cases involving a group dispute of workers in essential services. The law prohibits an employer from hiring workers to replace striking or locked-out workers and prohibits workers from picketing only if the parties have an agreement on the provision of minimum services or, if no such agreement has been made, within 14 days of the commencement of the strike.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit and criminalize all forms of forced and compulsory labor, including by children. Civil society representatives reported in previous years the government did not effectively enforce relevant laws, particularly in remote areas, mainly due to a lack of staff and funding. Labor inspectors refer cases to the BPS for prosecution. In the past, authorities prosecuted cases involving trafficked individuals and won convictions. There were anecdotal reports of forced child labor in cattle herding and in domestic servitude (see section 7.c.). Members of the Basarwa community, including children, were sometimes subjected to forced labor conditions on cattle farms in the Ghanzi district. The law prescribed penalties that were not sufficient to deter violations.

The law punishes, with compulsory prison labor, any willful breach of a contract of employment by an employee who is acting either alone or in combination with others, if such breach affects the operation of essential services. Sentences of imprisonment involving compulsory prison labor may be imposed on any person who prints, makes, imports, publishes, sells, distributes, or reproduces any publication prohibited by the president “in his absolute discretion” as being “contrary to the public interest.” Similar sentences may be imposed concerning seditious publications and on any person who manages, or is a member of, or in any way takes part in the activity of an unlawful society, particularly of a society declared unlawful as being “dangerous to peace and order.” The provisions are worded in terms broad enough to allow punishment for the expression of views and, insofar as they are enforceable with sanctions involving compulsory labor, they are incompatible with international standards. A prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor.

The minimum age for work is 15, but children as young as 14 may be employed in light work that is “not harmful to (their) health and development” and is approved by a parent or guardian. Light work is not defined by law. The law provides that work shall not exceed six hours per day when a child is not in school and five hours when a child is in school, but only on vacation days between the hours of 6 a.m. and 4 p.m. Although the law prohibits night work and hazardous underground work for children, it does not cover hazardous activities, such as the use of dangerous machinery, tools, and equipment. In addition, the law establishes the right of children to be protected from sexual exploitation, including through prostitution and the production of pornography (see section 6).

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing child labor laws and policies in all sectors, but its resources were too limited for effective oversight in remote areas. District and municipal councils have child welfare divisions, which are also responsible for enforcing child labor laws. Other involved government entities included offices within the Ministry of Basic Education and the Ministry of Local Government and Rural Development. Government officials continued to address public gatherings, cautioning against the worst forms of child labor. Penalties were not sufficient to deter violations.

Despite laws and policies designed to protect children from exploitation in the workplace, there were anecdotal reports of child labor, mostly on subsistence-level cattle posts or farms, where employees lived with their children in family units, particularly in the Ghanzi region. Civil society representatives noted in such cases where it was likely to exist, child labor resulted from a lack of awareness of the law among parents and their employers.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit discrimination based on race, color, tribe, place of origin, including national origin, social origin, sex, disability, language, sexual orientation or gender identity, HIV status, marital status, religion, creed, or social status. The government generally enforced these regulations.

e. Acceptable Conditions of Work

According to the Ministry of Employment, Labor Productivity, and Skills Development, the minimum hourly wage for full-time labor in the private sector was determined by sector. The minimum wage was higher than the official estimate of the poverty income level for all sectors. Formal-sector jobs generally paid well above minimum wage. The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing the minimum wage, and each of the country’s districts had at least one labor inspector, but the number of inspectors was not sufficient to effectively enforce the law.

The law permits a maximum 48-hour workweek, exclusive of overtime, which is payable at time-and-a-half times the base hourly rate.

There are limited occupational safety and health (OSH) requirements. The government’s ability to enforce OSH legislation remained limited due to inadequate staffing and lack of clear ministerial jurisdictions. The law provides protection against termination for workers who verbally complain about hazardous conditions, but no specific provisions in the law allow workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment.

The primary forms of compensation for labor in the informal sector were housing and food, particularly in the agricultural and domestic service areas. Wages in the informal sector were frequently below the minimum wage. Informal-sector workers generally were covered by the same legal protections available to formal-sector workers.

Foreign migrant workers were vulnerable to exploitative working conditions, mainly in domestic labor.

Burkina Faso

Executive Summary

Burkina Faso is a constitutional republic led by an elected president. In 2015 the country held peaceful and orderly presidential and legislative elections, marking a major milestone in a transition to democracy. President Roch Mark Christian Kabore won with 53 percent of the popular vote, and his party–the People’s Movement for Progress–won 55 seats in the 127-seat National Assembly. National and international observers characterized the elections as free and fair.

The Ministry of Internal Security and the Ministry of Defense are responsible for internal security. The Ministry of Internal Security includes the National Police and the gendarmerie. The Army and the Air Force, which operate within the Ministry of Defense, are responsible for external security but sometimes assist with missions related to domestic security. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included unlawful or arbitrary killings by the government, including extrajudicial killings; forced disappearance by the government; torture by the government; arbitrary detention by the government; harsh and life-threatening prison conditions; widespread corruption; and crimes involving violence or threats of violence targeting members of national, racial, and ethnic minorities.

The government investigated and punished some cases of abuse, but impunity for human rights abuses remained a problem.

Armed groups connected to violent extremist organizations, including Jama’at Nasr al-Islam wal Muslim, Group for the Support of Islam and Muslims (JNIM), the Islamic State in the Greater Sahara (ISGS), and homegrown Ansaroul Islam perpetrated more than 300 attacks that resulted in hundreds of civilian deaths as well as the death of government security forces. In the protracted conflict with terrorist groups, members of the security forces engaged in numerous extrajudicial killings. The Koglweogo, a vigilante justice/self-defense group, carried out numerous retaliatory attacks, resulting in at least 100 civilian casualties. In August the government arrested nine members of the Koglweogo suspected of planning the January 1 attack on the village of Yirgou that killed at least 49 and displaced thousands more.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right. In June the National Assembly voted to amend the penal code banning journalists from reporting any security-related news in an effort to preserve national security and prevent the demoralization of the military. Attempts to “demoralize” members of the military was previously a crime, but the code was amended to state “by any means,” presumably to criminalize any press or other media intended to demoralize security forces. A 2015 law decriminalizes press offenses and replaces prison sentences with penalties ranging from one million to five million CFA francs ($1,700 to $8.500). Some editors complained that few newspapers or media outlets could afford such fines.

Despite the advent of the 2015 law, journalists occasionally faced criminal prosecution for libel and other forms of harassment and intimidation.

Freedom of Expression: The June revision of the penal code criminalizes communicating the position or movements of defense forces, or sites of national interest or of a strategic nature, and the publication of any terrorist crime scene without authorization. The law also permits a judge, at the request of a “public minister” (prosecutor), to block internet websites or email addresses being used to spread “false information” to the public. Local and international associations of journalists called for the rejection of the amendments as an unacceptable attempt to stifle freedom of speech. The law significantly increases penalties for the existing crime of publicly insulting another person if electronic communications are used to publish the insult, and it prohibits persons from insulting the head of state or using derogatory language with respect to the office.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views, albeit with some restrictions. Foreign radio stations broadcast without government interference.

All media are under the administrative and technical supervision of the Ministry of Communications, which is responsible for developing and implementing government policy on information and communication. The Superior Council of Communication (CSC) monitored the content of radio and television programs, newspapers, and internet websites to enforce compliance with standards of professional ethics and government policy. The CSC may summon journalists and issue warnings for subsequent violations. Hearings may concern alleged libel, disturbing the peace, inciting violence, or violations of state security.

Censorship or Content Restrictions: In addition to prohibitions on publishing security-related information and insulting the head of state, the law also prohibits the publication of shocking images or material that demonstrates lack of respect for the deceased. Journalists practiced self-censorship, fearing that publishing blatant criticism of the government could result in arrest or closure of their newspaper.

Libel/Slander Laws: On September 23, the Djibo police filed a defamation suit for the “demoralization of police force” against the mayor of Djibo after he publicly denounced their behavior and accused them of rape and killing of civilians.

Nongovernmental Impact: Terrorist groups sought to inhibit freedom of expression by forcing women, predominantly in the North and Sahel Regions, to cover their heads, forcing men to wear religious garb, preventing children from going to non-Quranic school, and prohibiting civilians from drinking alcohol, smoking, frequenting bars, and listening to music at the risk of beatings or death.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government at times restricted these rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government required citizens to carry a national identity document, and it authorized officials to request the document at any time. Without a national identity card, citizens could not pass between certain regions of the country and were subject to arrest and fines.

Armed terrorists restricted movement of thousands of rural inhabitants throughout the country by planting improvised explosive devices on major highways, hijacking vehicles, and setting up checkpoints. In response to dozens of attacks by unknown armed groups presumed to be terrorists, local authorities instituted a ban on motorcycle traffic from 7 p.m. to 5 a.m. in the East and North Regions.

f. Protection of Refugees

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

Recurrent terrorist attacks hampered access by humanitarian workers to deliver lifesaving supplies and assistance to refugees and IDPs. On March 19, suspected terrorists killed two persons teaching refugee students at a secondary school in Djibo. UNHCR relocated 18 refugee students from Mentao refugee camp to Goudoubo refugee camp, allowing them to participate in their final exams. On May 24, suspected terrorists kidnapped three Burkinabe staff members of UNHCR’s international health partner, the Centre de Support en Sante International, resulting in the closure of a medical center for refugees. In July and August, hundreds of refugees living outside of camps in the North and Sahel Regions returned to camps seeking protection from attacks. On August 15, armed groups linked to violent extremist organizations attacked a security post on a main road near the Mentao refugee camp, killing three soldiers and wounding a refugee woman. In December 2018 a primary school in Mentao camp closed due to threats from terrorists.

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Ministry of Women, National Solidarity, Family, and Humanitarian Affairs, aided by the National Committee for Refugees, is the focal point for coordination of national and international efforts.

Freedom of Movement: According to UNHCR, police arbitrarily arrested Fulani refugees travelling from the Sahel Region to Ouagadougou on multiple occasions, sometimes holding them in detention overnight before releasing them.

Access to Basic Services: According to UNHCR, public institutions such as banks, schools, and hospitals occasionally refused service to refugees on a discriminatory basis.

Temporary Protection: The government agreed to offer temporary protection to individuals who did not qualify as refugees, but there were no such applicants during the year.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Throughout the year the press reported cases of misappropriation, fraud, or other offenses. The NGO National Network for Anti-Corruption cited the customs, police and General Directorate of Land and Maritime Transport as the most corrupt entities in the government.

Corruption: In August the government announced it would prosecute 12 employees of Iamgold Essakane SA for smuggling and fraud in the marketing of gold and other precious substances as hazardous waste for illegal export. Authorities opened an investigation of former minister of defense Jean-Claude Bouda and Minister of Infrastructure Eric Bougouma for using government funds to build personal wealth.

Financial Disclosure: A 2015 anticorruption law requires government officials–including the president, lawmakers, ministers, ambassadors, members of the military leadership, judges, and anyone charged with managing state funds–to declare their assets and any gifts or donations received while in office. The Constitutional Council is mandated to monitor and verify compliance with such laws and may order investigations if noncompliance is suspected. Disclosures are not made public, however, and there were no reports of criminal or administrative sanctions for noncompliance. As of September National Assembly members elected in 2015 had not complied with this law yet faced no sanctions.

In 2016 the Higher Authority for State Control and the Fight against Corruption extended the requirement to declare assets to include government officials’ spouses and minor children. Infractions are punishable by a maximum prison term of 20 years and fines of up to 25 million CFA francs ($42,400). The law also punishes persons who do not reasonably explain an increase in lifestyle expenditures beyond the 5 percent threshold set by regulation in connection with lawful income. Convicted offenders risk imprisonment for two to five years and a fine of five million to 25 million CFA francs ($8,500 to $42,400). A 2016 law limits the value of a gift a government official may receive to 35,000 CFA francs ($60).

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

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

Government Human Rights Bodies: As a result of a January 24 government reshuffle, President Kabore established the Ministry of Human Rights and Civic Promotion, separating it from the Ministry of Justice, which previously was charged with overseeing human rights. During the year the ministry organized several training sessions for security forces on the law of armed conflict, provided assistance to victims of terrorist- and gender-based violence, and organized antistigmatization and social cohesion campaigns. The government also assigned a human rights provost to accompany deployed troops during military operations in order to assure detainees were afforded proper treatment and due rights. On October 22, the minister of security administered human rights training to law enforcement members in Dori, the capital of the Sahel Region. This was the first of a series of three training sessions to be expanded to include security forces in other regions in the east and west.

The Office of the Ombudsman addresses citizen complaints regarding government entities and other bodies entrusted with a public service mission. The ombudsman, whom the president appoints for a nonrenewable five-year term and who may not be removed during the term, was generally viewed as effective and impartial.

The government-funded National Commission on Human Rights provides a permanent framework for dialogue on human rights concerns. Its members include 15 representatives of human rights NGOs, unions, professional associations, and the government. Although inadequately funded, the commission produced a well documented report on intercommunal violence and made recommendations to the government on responding to IDP population needs.

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 allows workers to form and join independent unions, except for essential workers, such as magistrates, police, military, and other security personnel, who may not join unions. The law provides unions the right to conduct their activities without interference.

The law provides for the right to strike, although it significantly limits that right. For strikes that call on workers to stay home and that do not entail participation in a rally, the union is required to provide eight to 15 days’ advance notice to the employer. If unions call for a march, they must provide three days’ advance notice to the city mayor. Authorities hold march organizers accountable for any property damage or destruction that occurs during a demonstration. The law also gives the government extensive requisitioning powers, authorizing it to requisition private- and public-sector workers to secure minimum service in essential services.

The law prohibits antiunion discrimination and allows a labor inspector to reinstate immediately workers fired because of their union activities. Relevant legal protections cover all workers, including migrants, workers in the informal sector, and domestic workers. There were no reports of antiunion discrimination during the year.

The law provides for freedom of association and collective bargaining. The government effectively enforced the law. The law lists sanctions for violations, including warnings, penalties, suspension, or dissolution and were generally sufficient to deter violations. Penalties consist of imprisonment and fines and vary depending on the gravity of the violation. Amendments to the law award a legal existence to labor unions of NGOs, create a commission of mediation, and require that associations abide by the law concerning funding terrorism and money laundering. The law also states that no one may serve as the head of a political party and the head of an association at the same time.

The government generally respected freedom of association and the right to collective bargaining. The government generally respected the right of unions to conduct activities without interference. Unions have the right to bargain directly with employers and industry associations for wages and other benefits. Worker organizations were independent of the government and political parties. There were no reports of strikebreaking during the year. Government resources to enforce labor laws were not sufficient to protect workers’ rights.

There were no reports of government restrictions on collective bargaining during the year. There was extensive collective bargaining in the formal wage sector, which was where many worker rights violations occurred.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law considers forced or compulsory any labor or service provided by an individual under the threat of any type of sanction and not freely offered. The government did not effectively enforce applicable laws. The government did not have a significant, effective program in place to address or eliminate forced labor. The government continued to conduct antitrafficking advocacy campaigns and operated a toll-free number for individuals to report cases of violence and trafficking. Penalties were not sufficiently stringent to deter violations.

Forced child labor occurred in the agricultural (particularly cotton), domestic labor, and animal husbandry sectors, as well as at gold panning sites and stone quarries. Educators forced some children sent to Quranic schools by their parents to engage in begging (see section 6, Children). Women from other West African countries were fraudulently recruited for employment and subsequently subjected to forced prostitution, forced labor in restaurants, or domestic servitude in private homes.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, including the commercial sexual exploitation of children, child pornography, mining, and jobs that harm the health of a child. The law sets the minimum age for employment at 16 and prohibits children younger than age 18 from working at night, except in times of emergency. The minimum age for employment was consistent with the age for completing educational requirements, which is 16. In the domestic labor and agricultural sectors, the law permits children who are 13 and above to perform limited activities for up to four and one-half hours per day. Penalties were sufficient to deter violations.

The government was implementing the National Action Plan to combat the worst forms of child labor and to reduce significantly exploitative child labor.

The plan coordinated the efforts of several ministries and NGOs. Its goals included greater dissemination of information in local languages, increased access to services such as rehabilitation for victims, revision of the penal code to address the worst forms of child labor, and improved data collection and analysis. The government organized workshops and conferences to inform children, parents, and employers of the dangers of exploitative child labor.

The government did not consistently enforce the law. Largely due to the insecurity imposed by violent extremist groups, the Ministry of Civil Service, Labor, and Social Security, which oversees labor standards, lacked transportation and access and other resources to enforce worker safety and the minimum age law. No data were available on number of prosecutions and convictions during the year.

Child labor took place in the agricultural sector, or in family-owned small businesses in villages and cities. There were no reports of children younger than age 15 employed by either government-owned or large private companies. Children also worked in the mining, trade, construction, and domestic labor sectors. Some children, particularly those working as cattle herders and street hawkers, did not attend school. Many children younger than age 15 worked long hours. A study by the International Labor Organization reported that children working in artisanal mining sometimes worked six or seven days a week and up to 14 hours per day. Street beggars often worked 12 to 18 hours daily. Such children suffered from occupational illnesses, and employers sometimes physically or sexually abused them. Child domestic servants worked up to 18 hours per day. Employers often exploited and abused them. Criminals transported Burkinabe children to Cote d’Ivoire, Mali, and Niger for forced labor or sex trafficking.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The government did not effectively enforce the laws and regulations.

Discrimination occurred based on race, color, sex, religion, political opinion, social origin, gender, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status with respect to employment and occupation. The government took few actions during the year to prevent or eliminate employment discrimination.

e. Acceptable Conditions of Work

The law mandates a minimum monthly wage in the formal sector, which does not apply to subsistence agriculture or other informal occupations. The minimum wage was less than the poverty income level.

The law mandates a standard workweek of 40 hours for nondomestic workers and a 60-hour workweek for household employees. The law provides for overtime pay, and there are regulations pertaining to rest periods, limits on hours worked, and prohibitions on excessive compulsory overtime.

The government sets occupational health and safety standards. There are explicit restrictions regarding occupational health and safety in the labor law. Employers must take measures to provide for safety and protect the physical and mental health of all their workers and verify that the workplace, machinery, materials, substances, and work processes under their control do not present health or safety risks to the workers.

The law requires every company with 30 or more employees to have a work safety committee. If an employee working for a company with fewer than 30 employees decides to remove himself due to safety concerns, a court rules on whether the employee’s decision was justified.

The Ministry of Civil Service, Labor, and Social Security is responsible for enforcing the minimum wage and hours of work standards. The government employed 255 labor inspectors, an increase of more than 50 percent compared with the previous year, surpassing the International Labor Office’s technical advice of the appropriate level of labor inspectors for the country. Ministry inspectors and labor tribunals are responsible for overseeing occupational health and safety standards in the small industrial and commercial sectors, but these standards do not apply in subsistence agriculture and other informal sectors.

These standards were not effectively enforced. Penalties for violations were insufficient to deter violations. There were no reports of effective enforcement of inspection findings during the year.

Employers often paid less than the minimum wage. Employees usually supplemented their income through reliance on extended family, subsistence agriculture, or trading in the informal sector. Employers subjected workers in the informal sector, who made up approximately 50 percent of the economy, to violations of wage, overtime, and occupational safety and health standards.

Between April and June, approximately 500 workers lost their jobs at Youga gold mine, and foreign workers were hired instead. Some Burkinabe workers were critical of the dismissals, stating that management violated the 2015 mining code by hiring unqualified foreign workers instead of giving preference to local employees as stipulated in the code. Mining operations at Youga were suspended on June 7, as employees and management could not reach an agreement regarding work schedules and wages. In particular, the company proposed a 14-day work period with a single day of rest and an hourly wage as opposed to a monthly salary; workers rejected the proposals. Labor laws call for a 24-hour rest period every week, unless an exception has been granted with the consent of a labor inspector.

Burundi

Executive Summary

The Republic of Burundi is a constitutional, multiparty republic with an elected government. The 2018 constitution, promulgated in June, provides for an executive branch that reports to the president, a bicameral parliament, and an independent judiciary. In 2015 voters re-elected President Pierre Nkurunziza and elected National Assembly (lower house) members in elections boycotted by nearly all independent opposition parties that claimed Nkurunziza’s election violated legal term limits. International and domestic observers characterized the elections as largely peaceful but deeply flawed and not free, fair, transparent, nor credible. There were widespread reports of harassment, intimidation, threatening rhetoric, and some violence leading up to the 2018 referendum and reports of compelling citizens to register to vote and contribute financially to the management of the elections planned for 2020.

The National Police of Burundi, which is under the Ministry of Public Security’s authority, is responsible for law enforcement and maintenance of order. The armed forces, which are under the Ministry of Defense’s authority, are responsible for external security but also have some domestic security responsibilities. The National Intelligence Service (SNR), which reports directly to the president, has arrest and detention authority. The Imbonerakure, the youth wing of the ruling Defense of Democracy-Forces for the Defense of Democracy (CNDD-FDD) party, has no official arrest authority but some were involved in or responsible for numerous detentions and abductions. They routinely assumed the role of state security agents and as such detained and turned over individuals to members of the official security services, in some cases after harassing or physically abusing them. Civilian authorities at times did not maintain control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings on behalf of the government; forced disappearances on behalf of the government; torture on behalf of the government; arbitrary arrest and politicized detention on behalf of the government; harsh and sometimes life-threatening prison conditions; political prisoners; significant problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including violence, threats of violence, and unjustified arrests of journalists, censorship, and the existence of criminal libel and slander laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on freedom of movement; restrictions on political participation, including elections that were not found to be transparent, free, or fair; significant acts of corruption; trafficking in persons; violence against women to which government negligence significantly contributed; crimes involving violence targeting minority groups and persons with albinism; criminalization of same-sex sexual conduct; and use of forced or compulsory or worst forms of child labor.

The reluctance of police and public prosecutors to investigate and prosecute cases of government corruption and human rights abuse and of judges to hear them in a timely manner resulted in widespread impunity for government and CNDD-FDD officials, and their supporters and proxies.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press but ban “defamatory” speech regarding the president and other senior officials, material deemed to endanger national security, and racial or ethnic hate speech. Restrictions on freedom of speech and the press increased significantly following dissent against the president’s 2015 announcement that he would seek a third term in office and government accusations of media complicity in the 2015 failed coup. These restrictions continued and were applied to press outlets, including those critical of the government or the human rights situation in the country. Journalists and outspoken critics reported harassment and intimidation by security services and government officials. Social media networks, primarily Twitter and WhatsApp, served as news outlets, often replacing traditional news outlets. Forces allied to the CNDD-FDD repressed media perceived as sympathetic to the opposition, including print and radio journalists, through harassment, intimidation, and violence.

Freedom of Expression: The penal code, passed in 2009, protects public servants and the president against “words, gestures, threats, or writing of any kind” that is “abusive or defamatory” or would “impair the dignity of or respect for their office.” The law also prohibits racially or ethnically motivated hate speech. The penalty for conviction of insulting the head of state is six months to five years in prison and a fine of 10,000 to 50,000 Burundian francs ($5.40 to $27). Some journalists, lawyers, NGO personnel, and leaders of political parties and civil society stated the government used the law to intimidate and harass them.

Press and Media, Including Online Media: The government owned and operated daily newspapers in French and Kirundi, Le Renouveau and Ubumwe, and a radio and television station, Burundi National Television and Radio. The directors general of both outlets report to the Presidency. Rema FM, a CNDD-FDD radio station, also enjoyed support from the government, although it was technically independent. Radio Isanganiro was the country’s largest independent radio station. Iwacu, an independent newspaper that was generally critical of the government and its policies, continued to publish articles in French and English. It was sanctioned, however, by the National Communications Council (CNC) for reporting that was alleged to be biased against the government, and its journalists reported several incidents of harassment by national security services. On October 22, police arrested four journalists covering unrest in Bubanza, along with their driver. They were charged by the prosecutor with complicity in undermining state security. On November 20, the Ntahangwa Court of Appeal refused temporary release for the journalists but released the driver.

The CNC maintained its requirement that Iwacu close the comments section of its website. The 2018 suspension, in connection with a criminal complaint, of Ikiriho, a generally progovernment online news outlet, continued at year’s end. On November 21, the CNC suspended the online television station and the comments page of the news website NAWE.bi.

In 2017 the CNC announced a decision to withdraw the licenses of Radio Bonesha, Radio Publique Africaine (RPA), and Radio/Television Renaissance for breaches of their agreements with the CNC or for not abiding by content regulations. These three stations were shuttered by the government in 2015 after unidentified men destroyed their broadcasting equipment following a failed coup. Radio Bonesha continued to operate a website, and RPA continued to broadcast into the country from Rwanda.

The Voice of America (VOA) was suspended in May 2018 for an initial period of six months; the suspension was never formally renewed at the six-month mark, and the organization was suspended indefinitely in April. VOA removed its equipment from Burundi in November. In announcing the suspension, the CNC cited the outlet’s decision to broadcast “biased” information “contrary to the rules of the [journalistic] profession” and to employ journalists the government claimed were subject to arrest warrants. The government suspended the BBC at the same time and in April revoked its broadcast license, citing a documentary it produced that the government stated was defamatory. In announcing its decision to revoke the BBC’s license and prolong the VOA’s suspension indefinitely, the CNC issued a prohibition for any journalist to provide information to either outlet.

In 2013 the government passed a media law that requires journalists to reveal sources in some circumstances and prohibits the publication of articles deemed to undermine national security. In 2014 parliament revised the law following journalists’ successful appeal to the East African Court of Justice. The court’s decision caused parliament to remove from the media law some of its more draconian elements. Following the failed coup in 2015, the government invoked the law to intimidate and detain journalists. In September 2018 the government passed a law to regulate accreditation of journalists by increasing the prerequisites to include minimum requirements for education and prior experience and threatening criminal penalties for journalists found working without credentials. Reporters indicated there were lengthy delays in the accreditation process that prevented them from being able to work. Those who were able to continue working complained that government agents harassed and threatened media that criticized the government and the CNDD-FDD. Journalists had difficulty corroborating stories, as local sources were intimidated.

Violence and Harassment: The majority of independent journalists fled the country during and after the political crisis and crackdown in 2015; most had yet to return, citing threats to their safety. Several media outlets stated they received explicit threats that they would be closed if they published or broadcast stories critical of the government. The government detained or summoned for questioning several local journalists investigating subjects such as human rights abuses, corruption, or refugees fleeing the country. Journalists experienced violence and harassment at the hands of security service members and government officials. On February 12, a journalist for National Radio and Television of Burundi was arrested for filming police beating street vendors in Bujumbura. A police spokesperson stated the journalist was arrested for taking unapproved photographs and videos.

Censorship or Content Restrictions: The government censored media content through restrictive press laws established by the CNC, an organization that is nominally independent but subject to political control. According to Freedom House, observers regarded the CNC as a tool of the executive branch, as it regularly issued politicized rulings and sanctions against journalists and outlets. In 2016 the CNC passed two decrees regarding media activity, one for domestic journalists and one for foreign outlets operating in the country. The first compels all journalists to register annually with the CNC. The second limits the access granted to international journalists and establishes content restrictions on the products disseminated by these outlets. Broadly interpreted laws against libel, hate speech, endangering state security, and treason also fostered self-censorship, including by journalists working for the national broadcaster. Those who did not self-censor faced “reassignment” to jobs where they did not have access to the public or were fired.

The CNC regulates both print and broadcast media, controls the accreditation of journalists, and enforces compliance with media laws. The president appoints all 15 members, who were mainly government representatives and journalists from the state broadcaster.

Nongovernmental Impact: Many members of the governing party’s Imbonerakure youth wing collaborated with government security forces to inhibit freedom of expression. In some cases they were official members of mixed security councils, which comprise police, local administration officials, and civilians. The Imbonerakure’s members often occupied positions that were reserved for local citizenry, giving them a strong role in local policing. The mixed security committees remained controversial, as lines of authority increasingly blurred between Imbonerakure members and police. Journalists and human rights defenders accused Imbonerakure members of acting as irregular security forces and of using government resources to follow, threaten, attack, and arrest individuals they perceived as opposition supporters.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

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

The government generally cooperated with the local UNHCR office and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. On August 24, the governments of Tanzania and Burundi signed an agreement whereby they agreed to the return of roughly 180,000 Burundian refugees in Tanzania, “whether voluntarily or not,” starting in October. Initial returnees were determined to be voluntary; however, later media reports indicated that some refugees who had initially volunteered to return, changed their minds but authorities disregarded their change of mind and forced them to leave. As of November 31, international organizations and human rights groups concluded that Tanzanian authorities were making conditions for refugees so difficult that in many cases their returns could not legitimately be considered voluntary. Nonetheless, there were no reports that the agreement between Burundi and Tanzania on cross-border criminal pursuit had been used to repatriate refugees forcibly. In December the governments of Burundi and Tanzania agreed to a three-week pause in returns, and further convoys of returnees were halted through the end of the year.

In-country Movement: According to several news sources, the government enforced the use of household logbooks, cahier or livret de menage, that listed the residents and domestic workers of each household in some neighborhoods of the capital. In numerous instances police arrested persons during neighborhood searches for not being registered in household booklets. Persons who attempted to cross the border to flee violence and reach refugee camps were sometimes stopped and turned back by police, the SNR, or Imbonerakure members. Stateless persons also faced restrictions on movement because, in addition to lacking identification documents, they may not apply for driver’s licenses and may not travel freely throughout the country.

Local governments established checkpoints on roads throughout the country on a widespread basis officially for the collection of transit taxes on drivers and passengers; the checkpoints were often staffed by police or members of the Imbonerakure. Checkpoints were also established for security purposes. There were frequent allegations that those staffing the checkpoints sought bribes before allowing vehicles to proceed. In some instances members of the Imbonerakure were accused of using the checkpoints to deny free movement to individuals for political reasons, such as failing to demonstrate proof of voter registration or of contributions for the funding of elections, for refusal to join the ruling party, or for suspicion of attempting to depart the country in order to seek refugee status.

Foreign Travel: The price of a passport was 235,000 Burundian francs ($127). Authorities required exit visas for foreigners who held nonofficial passports and who did not hold multiple-entry visas; these visas cost 48,000 Burundian francs ($25.95) per month to maintain. Most foreigners held multiple-entry visas and were no longer subject to this requirement. Stateless persons may not apply for a passport and may not travel outside the country.

f. Protection of Refugees

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

UNHCR estimated 75,000 refugees were in the country as of December, with a further 8,212 in the process of seeking asylum. Of the refugees and asylum seekers, more than 98 percent were Congolese, including arrivals during the year. Continuing violence in the Democratic Republic of the Congo prevented their return. Efforts begun in 2015 to resettle Congolese refugees in third countries continued.

Access to Basic Services: Refugees residing in camps administered by the government and the United Nations and its partners received basic services. The large percentage of refugees residing in urban areas also accessed services, such as education, health care, and other assistance offered by humanitarian organizations.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The country held legislative, communal, and presidential elections during 2015, but the international community and independent domestic organizations widely condemned the process as deeply flawed. Several progovernment CSOs observed and validated the elections. The UN Electoral Mission in Burundi was the sole international observer of the voting; the African Union (AU) and the EU declined to participate in the process. Intimidation, threats, and bureaucratic hurdles colored the campaigning and voting period, resulting in low voter turnout and a boycott by most opposition parties.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, yet corruption remained a very serious problem. The government did not fully implement the law, and some high-level government officials engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. The constitution provides for the creation of a High Court of Justice to review accusations of serious crimes against high-ranking government officials. The anticorruption law applies to all other citizens, but no high-ranking person has stood trial for corruption.

Corruption: The public widely viewed police to be corrupt, and petty corruption involving police was commonplace. There were also allegations of corruption in the government, including incidents related to lack of transparency of budget revenue related to gasoline importation; to the management of public tenders and contracts, including in the health sector; and to the distribution of the country’s limited foreign currency reserves to finance imports. The Burundian Revenue Office has an internal antifraud unit, but observers accused its officials of fraud.

The state inspector general and the Anticorruption Brigade were responsible for investigating government corruption but were widely perceived as ineffective.

Financial Disclosure: The law requires financial disclosure by elected officials and senior appointed officials once every five years, but it does not require public disclosure. The Supreme Court receives the financial disclosures. By law the president, two vice presidents, and cabinet ministers are obligated to disclose assets upon taking office, but the nonpublic nature of the disclosure means compliance with this provision could not be confirmed. No other officials are required to disclose assets.

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

Domestic and international human rights groups struggled to operate in the face of governmental restrictions, harassment, and repression. The law requires CSOs to register with the Ministry of the Interior, a complex process that includes approval for an organization’s activities. Registration must be renewed every two years, and there was no recourse for organizations denied registration or renewal. By law an organization may be suspended permanently for “disturbing public order or harming state security.”

Many human rights defenders who had fled the country in 2015 remained outside the country at year’s end. Those who remained in the country were subjected to threats, intimidation, and arrest. The cases of Germain Rukuki and Nestor Nibitanga, who were convicted in 2018 and remained in jail at year’s end, and three members of PARCEM, who were held from April 2018 until January when they were released following a successful appeal of their convictions, were emblematic of the judicial threats faced by human rights monitors from both recognized and unrecognized organizations.

In 2016 the government banned five CSOs led by opponents to the president having a third term and in January 2017 banned Ligue Iteka. Ligue Iteka and other organizations without official recognition continued to monitor the human rights situation. Members of both recognized and unrecognized organizations reported being subjected to harassment and intimidation and took measures to protect the identities of their employees and their sources. In January the government indefinitely suspended PARCEM for allegedly undermining public order and security.

The United Nations or Other International Bodies: In December 2018 the government requested that the Office of the UN High Commissioner for Human Rights (OHCHR) close its office in Bujumbura, abrogating the 1995 memorandum of understanding under which the OHCHR worked in the country. The government cited the existence of national institutions as evidence that the OHCHR office was no longer necessary. The government had suspended cooperation with the office in 2016 in response to the UN Independent Investigation on Burundi (UNIIB) report that found “reasonable grounds to believe” security forces and Imbonerakure had established multiple detention facilities that were unacknowledged by the prosecutor general and included allegations that senior leaders were personally complicit in human rights violations. On February 28, the OHCHR closed its office.

The UN Human Rights Council created the three-member COI in 2016 to investigate human rights violations since 2015; its mandate was renewed in 2017 and again in September 2018. The government refused to allow commission members to enter the country after publication of the 2016 UNIIB report, did not respond substantively to any requests for information from the commission, and in October 2018 declared the commission members, who never had access to the country, to be officially unwelcome in the country. In September the commission delivered its annual report, finding there was reason to believe that grave violations of human rights and crimes against humanity continued to be committed in the country, including extrajudicial killings, systematic torture, sexual violence, and political oppression. The COI reported these violations were primarily attributable to state officials at the highest level and to senior officials and members of the SNR, police, the Burundian National Defense Forces, and Imbonerakure. Following the annual report, in September its mandate was once again extended. Government officials dismissed the report, and the Ministry of Human Rights broadcast a radio report that stated the government “will never work with the [COI],” adding that the decision to once again extend its mandate was supported by the European Union and other countries “with the objective of maintaining Burundi in a state of colonialism.” They concluded, “The Government of Burundi does not promote human rights to please the international community.”

In 2016 the AU announced it would send 100 human rights monitors and 100 military monitors to the country and stated that the Burundian president supported the deployment. Approximately 40 human rights monitors and eight military monitors deployed in 2016, but the government did not grant permission for the rest of the monitors to enter the country. The 40 monitors stayed in the country until September 2018, when the number was reduced due to a gap in financing. In November 2018 the AU Peace and Security Council voted to extend the mission with reduced staffing levels. According to the AU, the monitors were limited in what they could do because the government had yet to agree on a memorandum of understanding for the monitors. As of October, the 10 civilian and three military AU monitors who remained, and who did not make their reports public, were the only external monitors in the country.

Government Human Rights Bodies: Parties to the Arusha Peace and Reconciliation Agreement of 2000 committed to the establishment of an international criminal tribunal, which had yet to be implemented, and a national Truth and Reconciliation Commission (TRC), which was adopted into law in April 2014. Between becoming operational in 2016 and October, the TRC gathered testimony and conducted outreach activities under its mandate to investigate and establish the truth regarding serious human rights and international humanitarian law violations committed in the country. The TRC is also mandated to establish individual responsibilities and those of state institutions, individuals, and private groups.

Based on testimonies collected from September 2016 to May 2018, the commission provisionally identified thousands of mass graves of varying size throughout the country dating from the time of its mandate as well as numerous allegations of killings, torture, sexual and gender-based violence, and violations of due process rights. Some CSOs and opposition political figures raised concerns that, in view of ongoing human rights abuses, political tensions, a climate of fear and intimidation, fears of retribution for testimony, and restrictions on freedom of expression, conditions were not conducive for an impartial or effective transitional justice process. CSOs cited concerns that the participation of ruling party members in deposition-gathering teams could reduce the willingness of some citizens to testify or share fully their stories. Some of the TRC commissioners were perceived by some CSOs as representing the interests of the ruling party and therefore not impartial. A lack of funding and qualified experts adversely affected the TRC’s ability to operate. The operating environment did not change during the year.

Ombudsman Edouard Nduwimana’s mandate included monitoring prison conditions and encouraging interreligious dialogue. During the year he also focused on dialogue with opposition political parties, both within and outside the country.

The CNIDH, a quasigovernmental body charged with investigating human rights abuses, exercised its power to summon senior officials, demand information, and order corrective action. In 2016 the Global Alliance of National Human Rights Institutions (GANHRI) provisionally downgraded CNIDH’s accreditation due to concerns regarding its independence. In February 2018 GANHRI confirmed its decision, suspending CNIDH’s right to participate fully in global meetings with counterparts. The CNIDH also monitored the government’s progress on human rights investigations but did not regularly release its findings to the public. In April a new group of commissioners was appointed to a four-year term and took steps to implement measures to help the CNIDH restore its accreditation.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions with restrictions. A union must have at least 50 members. There is no minimum size for a company to be unionized. The minister of labor has the authority to designate the most representative trade union in each sector. Most civil servants may unionize, but their unions must register with the Ministry of Civil Service, Labor, and Social Security (Labor Ministry) that has the authority to deny registration. Police, the armed forces, magistrates, and foreigners working in the public sector may not form or join unions. Workers younger than 18 must have the consent of their parents or guardians to join a union.

The law provides workers with a conditional right to strike after meeting strict conditions; it bans solidarity strikes. The parties must exhaust all other means of resolution (dialogue, conciliation, and arbitration) prior to a strike. Intending strikers must represent a majority of workers and give six days’ notice to the employer and the Labor Ministry, and negotiations mediated by a mutually agreed upon party or by the government must continue during the action. The ministry must determine whether the sides have met strike conditions, giving it, in effect, the power to prevent strikes. The law permits requisition of essential employees in the event of strike action. The law prohibits retribution against workers participating in a legal strike.

The law recognizes the right to collective bargaining, but it excludes measures regarding public sector wages that are set according to fixed scales following consultation with unions. If negotiations result in deadlock, the labor minister may impose arbitration and approve or revise any agreement. There are no laws that compel an employer to engage in collective bargaining. The law prohibits antiunion discrimination. The law allows termination of workers engaged in an illegal strike and does not specifically provide for reinstatement of workers dismissed for union activity.

The government did not effectively enforce applicable laws. Resources for inspection and remediation were inadequate, and penalties were insufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government placed excessive restrictions on freedom of association and the right to collective bargaining and sometimes interfered in union activities. In the wake of participation by union members in antigovernment demonstrations in 2015, unions were subject to similar pressures and restrictions as other elements of civil society. These measures led to a significant reduction in union activism.

Most unions were public employee unions, and virtually no private sector workers were unionized. Since most salaried workers were civil servants, government entities were involved in almost every phase of labor negotiation. The principal trade union confederations represented labor interests in collective bargaining negotiations, in cooperation with individual labor unions.

Most laborers worked in the unregulated informal economy and were not protected. According to the Confederation of Burundian Labor Unions, virtually no informal sector workers had written employment contracts.

In 2015 the Confederation of Free Trade Unions of Burundi submitted a complaint to the International Labor Organization (ILO) stipulating that executive committee members of one of its affiliates were unfairly dismissed and that employment contracts were unjustly suspended or terminated. Evaluation of the case was postponed twice, and in June the ILO noted the government’s failure to respond to repeated requests for information.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children. The penalty for conviction of forced labor trafficking was sufficient to deter violations, but the government did not effectively enforce applicable laws. Resources for inspections and remediation were inadequate. Workplace inspectors had authority to impose fines at their own discretion, but there were no reports of prosecutions or convictions.

Children and young adults were coerced into forced labor on plantations or small farms in the south, small-scale menial labor in mines, carrying river stones for construction in Bujumbura, work aboard fishing vessels, or engaging in informal commerce in the streets of larger cities (see section 7.c.).

Citizens were required to participate in community work each Saturday morning from 8:30 a.m. to 10:30 a.m. Although enforcement of this requirement was rare, there were sporadic reports that communal administrators fined residents who failed to participate, and members of the Imbonerakure or police sometimes harassed or intimidated individuals who did not participate.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor but does not generally apply to children working outside of formal employment relationships. The law states that enterprises may not employ children younger than 16, with exceptions permitted by the Labor Ministry. These exceptions include light work or apprenticeships that do not damage children’s health, interfere with their normal development, or prejudice their schooling. The minister of labor permitted children age 12 and older to be employed in “light labor,” such as selling newspapers, herding cattle, or preparing food. The legal minimum age for most types of “nondangerous” labor varies between the ages of 16 and 18. The law prohibits children from working at night and limits them to 40 hours’ work per week. Although the law does not apply to the informal sector, the Ministry of Labor stated that informal employment falls under its purview.

The Ministry of Labor is responsible for the enforcement of laws on child labor and had many instruments for this purpose, including criminal sanctions, fines, and court orders. The ministry, however, did not effectively enforce the law, primarily due to a dearth of inspectors and inadequate resources, such as insufficient fuel for vehicles. As a result the ministry enforced the law only when a complaint was filed. Fines were not sufficient to deter violations. During the year authorities did not report any cases of child labor in the formal sector, nor did they conduct surveys on child labor in the informal sector.

In rural areas children younger than 16, often responsible for contributing to their families and their own subsistence, were regularly employed in heavy manual labor during the day, including during the school year, especially in agriculture. Children working in agriculture could be forced to carry heavy loads and use machines and tools that could be dangerous. They also herded cattle and goats, which exposed them to harsh weather conditions and forced them to work with large or dangerous animals. Many children worked in the informal sector, such as in family businesses, selling in the streets, and working in small local brickworks. There were instances of children being employed as beggars, including forced begging by children with disabilities.

In urban areas child domestic workers were prevalent, accounting for more than 40 percent of the 13- to 15-year-old children in the country, according to a government survey from 2013-14. Child domestic workers are often isolated from the public. Some were only housed and fed instead of being paid for their work. Some employers, who did not pay the salaries of children they employed as domestic servants, accused them of stealing, and children were sometimes imprisoned on false charges. Child domestic workers could be forced to work long hours, some employers exploited them sexually, and girls were disproportionately impacted.

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

d. Discrimination with Respect to Employment and Occupation

The constitution recognizes workers’ right to equal pay for equal work. The constitution does not specifically prohibit discrimination against any group but rather provides for equal rights. Authorities reported no violations of this equal rights requirement. Much of the country’s economic activity took place in the informal sector, where protection was generally not provided. Some persons claimed membership in the ruling party was a prerequisite for formal employment in the public and private sectors. Members of the Twa ethnic minority, who in many cases lacked official documentation, were often excluded from opportunities in the formal economy. Women were excluded from some jobs, and in 2017 a government decree prohibited women from performing in traditional drumming groups. Persons with albinism experienced discrimination in employment.

e. Acceptable Conditions of Work

The official minimum wages, unchanged since 1988, were below the official line of poverty, but unofficial minimum wages more reflective of labor market forces prevailed. These, too, were below the international poverty line. According to the World Bank, 73 percent of the population lived below the poverty line. More than 90 percent of the working population worked in the informal economy; minimum wage law did not apply to the informal sector, where wages were typically based on negotiation and reflected prevailing average wages.

The labor code limited working hours to eight hours per day and 40 hours per week, but there are many exceptions, including for workers engaged in national security, guarding residential areas, and road transport. Security companies received guidance from the Labor Ministry allowing workweeks of 72 hours for security guards, not including training. A surcharge of 35 percent for the first two hours and 60 percent thereafter must be paid for those workers eligible for paid overtime. Workers are supposed to receive 200 percent of their base salary for working weekends and holidays, but only become eligible for this supplement after a year of service. There is no legislation on mandatory overtime. Breaks include 30 minutes for lunch as a generally observed practice, but there is no legal obligation. Foreign or migrant workers are subject to the same conditions and laws as citizens.

The labor code establishes appropriate occupational safety and health standards for the workplace, but they often were not followed. Many buildings under construction in Bujumbura, for example, had workforces without proper protective equipment, such as closed-toe shoes, and scaffolding built of wooden poles of irregular length and width.

The Labor Inspectorate in the Ministry of Labor is responsible for enforcing the laws on minimum wages and working hours as well as safety standards and worker health regulations. The government did not effectively enforce the law, and penalties were insufficient to deter violations. The labor inspectors’ mandate is limited to the formal sector except where international agreements extend that mandate to all employment, according to ministry guidelines. The government did not allocate sufficient resources to address enforcement needs, such as that necessary for training and transportation for inspectors.

Although workplaces rarely met safety standards or protected the health of workers sufficiently, there were no official investigations, no cases of employers reported for violating safety standards, and no complaint reports filed with the Labor Inspectorate during the year. There were no data on deaths in the workplace. Workers could leave the work site in case of imminent danger without fear of sanctions.

Cabo Verde

Executive Summary

The Republic of Cabo Verde is a parliamentary representative democratic republic, largely modeled on the Portuguese system. Constitutional powers are shared between the head of state, President Jorge Carlos Fonseca, and the head of government, Prime Minister Ulisses Correia e Silva. The Supreme Court, the National Electoral Commission, and international observers declared the 2016 nationwide legislative, presidential, and municipal elections generally free and fair.

The National Police, under the control of the Ministry of Internal Affairs, is responsible for law enforcement. The Judiciary Police, under the Ministry of Justice, is responsible for major investigations. The armed forces, under the Ministry of Defense, are responsible for protecting the national territory and sovereignty of the country.

Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included: violence against women and girls; and government failure to protect children from violence and work in precarious conditions.

The government took steps to identify, investigate, prosecute, and punish officials who committed human rights abuses. Impunity occurred in a few cases. There were no reports, however, of impunity involving security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Censorship or Content Restriction: Journalists practiced limited self-censorship, apparently largely due to their desire to eventually work for public sector media and because of family and social connections that make investigative journalism difficult.

On February 15, the Cabo Verde Television and Radio (RTC) board of directors published a Code of Ethics and Conduct the Media Regulatory Authority (ARC) and the Cabo Verdean Association of Journalists (AJOC) considered an abuse of freedoms of the press and expression. Both ARC and the Community of Portuguese-Speaking Countries (CPLP) Federation of Journalists condemned the code and stated it undermines individual freedoms of journalists in their public lives, particularly on social media, and it violates constitutionally protected rights to expression and information. AJOC stated the code contains censorship measures and called for its suspension. The RTC board stated it did not recognize the competence of ARC to form an opinion regarding its internal policies. ARC and AJOC rejected the RTC board’s dismissal of ARC’s regulatory authority, warning a state media company must respect regulatory structures, or it threatens rule of law. AJOC filed a formal complaint with ARC but lacked the funds to contract legal services. The parties were engaged in mediation to settle out of court. Prime Minister Correia e Silva, whose government promoted media disinformation awareness, sponsored legislation to require the RTC board to be named by an independent body rather than by the government.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. The government ratified but never implemented the 1951 UN Protocol on the Status of Refugees, and no central authority manages the extremely few cases of refugees and asylum seekers. The government has no policy for handling refugees or asylum seekers, and there was no coordination among different agencies on requests for refugee or asylum status (see section 2.f.). The country has an agreement to coordinate repatriation with the International Organization for Migration (IOM) when foreign citizens request such assistance.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The country has not established legislation or an institutional body for granting asylum or refugee status. Very few asylum applications were registered (UNHCR reported only two cases in 2011 and 2012 and none since). The actual number of asylum seekers was unknown since there is no systematic procedure in place to register and process asylum claims. Because UNHCR does not have an established presence in the country, asylum seekers who request protection and assistance are referred by the IOM to UNHCR’s regional representation for West Africa in Dakar, Senegal, which conducts refugee status determinations. Temporary protection mechanisms and access to basic services are in place for asylum seekers while they await a decision. Authorities permitted foreign victims of crime to remain in the country legally.

Section 3. Freedom to Participate in the Political Process

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

Any foreigners residing in the country for more than three years may vote in municipal elections. Any residents from a member country of the CPLP–which includes Angola, Brazil, Equatorial Guinea, Guinea-Bissau, Mozambique, Portugal, and Timor-Leste–may vote in municipal elections regardless of how long they have resided in Cabo Verde. Only citizens, including those living outside the country, may vote in legislative and presidential elections.

Section 4. Corruption and Lack of Transparency in Government

The law provides penalties of up to 15 years’ imprisonment for conviction of corruption by officials, and the government implemented the law effectively. Officials sometimes engaged in corrupt practices with impunity, especially at the municipal level, although there were no reports of government corruption during the year.

Corruption: In late 2018 a management turnover at Aguas de Santiago (ADS), a state-owned utility, revealed irregularities in bookkeeping by the previous chief executive officer. In March the Office of the Prosecutor General of the Republic charged the previous management team, the former president of ADS, and the former mayor of Santa Catarina de Santiago with embezzlement and abuse of power.

Financial Disclosure: The law sets parameters for public officials to submit declarations of ownership interest, income, and family wealth, and regulates public discussion of this information. These declarations should include any asset worth more than 500,000 escudos ($5,010). By law failure to submit a declaration is punishable by removal from office. The SCJ must approve public disclosure of the declarations. When involved in criminal cases of alleged corruption, public officials must declare or prove the source of their income or wealth. The SCJ is in charge of monitoring the law and enforcing compliance, but enforcement was poor.

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

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

Government Human Rights Bodies: The CNDHC worked to protect, promote, and reinforce human rights, rights of citizenship, and international humanitarian law in the country. It worked on all nine inhabited islands with a network of varied organizations. The CNDHC, although independent, was inadequately staffed and funded.

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 rights of workers to form or join unions of their choice, to engage in collective bargaining, and to conduct legal strikes. The labor code provides for protection against antiunion discrimination and for the reinstatement of workers. Although government enforcement generally was effective, some cases continued for years, with further delay for appeals. The Directorate General for Labor (DGT) has a conciliation mechanism to promote dialogue between workers and employers on conditions of work.

The labor code designates certain jobs essential and limits workers’ ability to strike in those industries. Services provided by telecommunications, justice, meteorology entities, health, firefighting, postal service, funeral services, water and sanitation services, transportation, ports and airports, private security, and the banking and credit sectors are considered indispensable. The law states the government may force the end of a strike when there is an emergency or “to ensure the smooth operation of businesses or essential services of public interest.” The law and custom allow unions to carry out their activities without interference.

The government respected workers’ right of freedom of association and the right to collective bargaining and effectively enforced applicable laws in the formal sector. Worker organizations were independent of the government and political parties. Penalties were adequate to deter violations of freedom of association.

Labor unions complained the government sporadically restricted the right to strike for certain critical job categories. Other observers stated the government cooperated with the unions and did not discriminate against certain job categories. According to the local press, few companies adopted collective bargaining, but the International Labor Organization (ILO) worked with local unions and government bodies to provide guidance on conducting a dialogue among parties.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced applicable laws in the formal sector. The labor code prohibits forced labor, and the penal code outlaws slavery, with penalties sufficiently stringent to deter violations.

Nevertheless, there were reports such practices occurred during the year. Migrants from China, Guinea-Bissau, Senegal, Nigeria, and Guinea may receive wages below minimum wage and work without contracts, creating vulnerabilities to forced labor in the construction sector. There were incidents of child labor in the domestic services and agriculture sectors, with children often working long hours in dangerous conditions and at times experiencing physical and sexual abuse, indicators of forced labor (see also section 7.c.).

On January 10, the president promulgated Resolution 3/2019 that established the Second National Plan of Action on Immigration (2018-20). Migrants from West Africa came to work in the construction and hospitality sectors, and the government sought to reduce their vulnerability to exploitation and increase their integration.

In October 2018 four Chinese nationals escaped from a situation of forced labor on Sal. The government identified them as victims of labor trafficking and, with support from the IOM, repatriated them to China. In May the traffickers–two Chinese nationals and one Cabo Verdean–were sentenced.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The 2016 National List of Dangerous Work for Children expanded, codified, and prohibited types of work in which children may not engage. The law defines the worst forms of child labor as any work done by children under age 16, and dangerous work performed by children between ages 16 and 18. The National Assembly ratified ILO Convention 138 in 2011, and the legal minimum age for work is 15. The labor code does not allow children ages 15 to 18 to work more than 38 hours a week or more than seven hours a day. The labor code provides that underage children may work only on small household tasks, in apprenticeship or training programs, or to help support the family. Children ages 16 to 18 are allowed to work overtime in an emergency but may not work more than two overtime hours a day, and these extra hours may not exceed 30 hours per year. The law permits children to perform agricultural work for the family provided that work does not compromise the child’s mental and physical development. Children under age 16 are banned from performing any street work. The ILO called on the government to raise the minimum age for hazardous work from 16 to 18, in line with international standards.

Several laws prohibit child labor, and the penalties they impose were adequate, but enforcement was neither consistent nor effective. Barriers, many cultural, remained to the effective implementation of these laws. For example, not all citizens considered children working to help support their families, especially in small remote communities, as negative, even when the work by law was deemed dangerous. The government had minimal ability to monitor and enforce laws in the informal sector, estimated to represent 30 percent of the economy.

Children engaged in street work, including water and food sales, car washing, and begging, and were vulnerable to trafficking. The risk to children depended largely on where they were located; there was considerably more child labor on some islands than others. The worst forms of child labor included street work, domestic service, agriculture, animal husbandry, trash picking, garbage and human waste transport, and at times passing drugs. A psychologist working for the international NGO SOS Children’s Village warned that a child could make above the monthly minimum wage from begging.

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

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, color, sex, gender, disability, language, sexual orientation, gender identity, political opinion, ethnic origin, age, HIV-positive status or having other communicable diseases, or social status.

Gender-based discrimination in employment and occupation, however, occurred (see section 6). Women generally had lower economic status and less access to management positions in public- and private-sector organizations. Women experienced inequality in political and economic participation. For instance, being a homemaker is not officially recognized as employment, and national statistics report homemakers as inactive members of the labor force. In some sectors of the formal economy, women received lower salaries than men for equal work.

African immigrants worked mainly in retail, services, and construction. Immigrants generally were poorly educated and had few professional qualifications and little work experience; consequently, their wages tended to be lower. Many of these immigrants did not have a legal contract with their employers, and thus they did not enjoy many legal protections and often worked in unacceptable conditions. The ECOWAS charter permits labor mobility for citizens of member states. The country was criticized by its neighbors for failing to implement its charter responsibilities fully by not protecting legal ECOWAS migrants.

e. Acceptable Conditions of Work

The law stipulates a monthly minimum wage greater than the official estimate of the poverty income level. The law stipulates a maximum of eight hours of work per day and 44 hours per week. The law requires rest periods, the length of which depends on the work sector.

There were reports workers employed in the ubiquitous Chinese stores often received less than the minimum wage. These workers did not file formal complaints due to fear of losing their jobs and because they anticipated authorities would not take corrective action.

The law sets minimum occupational and safety standards and gives workers the right to decline to work if working conditions pose serious risks to health or physical integrity. In specific high-risk sectors, such as fishing or construction, the government may and often does provide, in consultation with unions and employers, occupational safety and health rules. The employer must also develop a training program for workers. The CNDHC noted companies generally chose to follow these rules, but that the government has insufficient resources through the Inspectorate General of Labor (IGT) to address violations.

The DGT and IGT are charged with implementing labor laws. Certain formal-sector benefits, such as social security accounts for informal workers, were enforced in the informal sector, although no penalties for violations that included fines or imprisonment were imposed during the year. The informal sector remained largely unregulated by government actors. The government made efforts to reduce work accidents and illness at work by carrying out more inspections and awareness campaigns to promote a culture of prevention and safety at work. The DGT and IGT, however, did not employ a sufficient number of inspectors to adequately enforce the law. Although companies tended to respect laws on working hours, many employees, such as domestic workers, health-care professionals, farmers, fishers, and commercial workers, commonly worked for longer periods of time than the law allows. Penalties for labor violations were generally insufficient to deter violations.

According to the IGT’s 2018 report, most irregularities detected during labor inspections related to nonsubscription to the National Institute for Social Protection, nonsubscription to mandatory insurance for job injury, and some irregularities in complying with health and safety standards. Inspections revealed the most common work violations concerned the right to vacation time and the right to rest periods between work periods.

Although there were no official studies available, some sources speculated foreign workers were more likely to be exploited than others. In 2018 between 17,000 and 22,000 immigrants, mostly from ECOWAS countries, worked in the country. Most immigrants were men (60.3 percent) older than 25 years of age, with the highest percentage between ages 25 and 44 (51.7 percent). Generally foreigners worked in civil construction, security services, hospitality, domestic services, and tourism. It was common for companies not to honor foreign workers’ rights regarding contracts, especially concerning deductions for social security.

The majority of work-related accidents reported during the year occurred in food services, the steel industry, and construction sectors. In 2018 the IGT registered 395 work-related accidents and six deaths resulting from labor accidents.

Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency. The president retains the power over the legislative and judicial branches of government. In October 2018 Paul Biya was reelected president in an election marked by irregularities. He has served as president since 1982. His political party–the Cameroon People’s Democratic Movement (CPDM)–has remained in power since its creation in 1985. New legislative and municipal elections are scheduled to take place in February 2020. Regional elections were also expected during the year, but as of late November, the president had not scheduled them.

The national police and the national gendarmerie have primary responsibility over law enforcement and maintenance of order within the country and report, respectively, to the General Delegation of National Security and to the Secretariat of State for Defense in charge of the Gendarmerie. The army is responsible for external security but also has some domestic security responsibilities and reports to the Ministry of Defense. The Rapid Intervention Battalion (BIR) reports directly to the president. Civilian authorities at times did not maintain effective control over the security forces.

Maurice Kamto, leader of the Cameroon Renaissance Movement (CRM) party and distant runner-up in the October 2018 presidential elections, challenged the election results, claiming he won. On January 26, when Kamto and his followers demonstrated peacefully, authorities arrested him and hundreds of his followers. A crisis in the Anglophone Northwest and Southwest Regions that erupted in 2016 has led to more than 2,000 persons killed, more than 44,000 refugees in Nigeria, and more than 500,000 internally displaced persons. A five-day national dialogue to address the crisis took place from September 30 to October 4, producing a number of recommendations, including some new ones. Anglophone separatists in the Northwest and Southwest Regions as well as in the diaspora shunned the meeting. On October 3, President Biya announced the pardoning of 333 lower-level Anglophone detainees, and on October 5, the Military Tribunal ordered the release of Kamto and hundreds of his associates.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by security forces, armed Anglophone separatists, and Boko Haram and ISIS-West Africa (ISIS-WA) fighters; forced disappearances by security forces; torture by security forces and nonstate armed groups; arbitrary detention by security forces and nonstate armed groups; harsh and life-threatening prison conditions; political prisoners; significant problems with the independence of the judiciary; the worst forms of restrictions on freedom of expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, and abuse of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation; crimes involving violence against women, in part due to government inaction; violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; criminalization of consensual same-sex relations; and child labor, including forced child labor.

Although the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, it did not do so systematically and rarely made the proceedings public. Some offenders, including serial offenders, continued to act with impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government often restricted this right, explicitly or implicitly.

Freedom of Expression: Government officials penalized individuals or organizations that criticized or expressed views at odds with government policy. Individuals who criticized the government publicly or privately frequently faced reprisals. On several occasions, the government invoked laws requiring permits or government notification of public protests to stifle discourse. Many civil society and political organizations reported increased difficulty when obtaining approval to organize public gatherings.

In the early hours of February 23, police surrounded CRM headquarters in the Odza neighborhood of Yaounde and the New-Deido in Douala to prevent prospective activists from registering with the party. In other cities, such as Bafoussam and Mbouda in the West Region, security forces disrupted the registration process and arrested CRM activists. In Bafoussam, police seized CRM’s campaign truck and detained it along with its driver. On April 30, Zacheus Bakoma, the divisional officer for Douala 5, ordered a 90-day provisional closure of the Mtieki community hall after the CRM used the hall as a venue for a meeting on April 28.

Press and Media, including Online Media: Independent media were active and expressed diverse views. This landscape, however, included restrictions on editorial independence, in part due to stated security concerns related to the fight against Boko Haram, the Anglophone crisis, and the postelectoral crisis. Journalists reported practicing self-censorship to avoid repercussions for criticizing the government, especially on security matters. According to the 2018 Press Freedom Index by Reporters without Borders, the re-election of President Biya for a seventh term of office was accompanied by multiple instances of intimidation, attacks, and arrests of journalists.

Violence and Harassment: Police, gendarmes, and other government agents arrested, detained, physically attacked, and intimidated journalists for their reporting. Journalists were arrested in connection with their reporting on the Anglophone crisis. According to reports by multiple organizations, including the Committee to Protect Journalists (CPJ), police arrested Pidgin news anchor Samuel Wazizi, who worked for the Buea-based independent station Chillen Muzik and Television. The arrest occurred on August 2 in Buea, Southwest Region. Police initially held Wazizi at the Buea police station and subsequently handed him over to the military, who detained him on August 7 without access to his lawyer or family. As of late November, he was presumed to still be in detention.

Censorship or Content Restrictions: Under a 1990 law, the Ministry of Communication requires editors to submit two signed copies of their newspapers within two hours after publication. Journalists and media outlets reported practicing self-censorship, especially if the National Communication Council (NCC) had suspended them previously. In February the NCC issued a press release calling on journalists to be professional in their publications. The release was in reaction to media coverage following the January 26 protests called for by CRM, the arrests of hundreds of activists, including Maurice Kamto, and the ransacking of the Cameroonian embassy in Paris by anti-President Biya protesters. The NCC chairman indicated that the government had informed all professional media about the facts through official procedures and regretted that some press organizations continued to spread opinion contrary to government’s position, thereby maintaining confusion.

At its 23rd ordinary session, the NCC issued warning notices in 21 media regulation cases. The charges stated that the groups engaged in practices contrary to professional ethics, social cohesion, and national integration.

In a July 20 meeting with 100 private media outlet managers, Minister of Communications Rene Sadi chided Cameroon’s private media for abandoning its duty to “inform, educate, and entertain” by publishing articles that “sowed divisiveness and promoted tribalism.” He accused the private press of “playing politics under the influence of journalistic cover.” As of year’s end, no private television or radio station held a valid broadcasting license. Although the few that could afford the licensing fee made good-faith efforts to obtain accreditation, the ministry had not issued or renewed licenses since 2007. The high financial barriers coupled with bureaucratic hurdles rendered Cameroonian private media’s very existence illegal.

Libel/Slander Laws: Press freedom is constrained by libel laws that authorize the government to initiate a criminal suit when the president or other senior government officials are the alleged victims. These laws place the burden of proof on the defendant, and crimes are punishable by prison terms and heavy fines.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government. During a security meeting in Douala on August 9, Minister of Territorial Administration Paul Atanga Nji called on the representatives of NGOs and media professionals to be responsible, contribute their own quota to nation building, and avoid derogatory language that discredits government actions. Atanga Nji said many media houses in Douala organized weekly debates in order to sabotage government actions and promote secessionist tendencies. He urged private media organizations to exercise responsibility when carrying out their activities, warning them to construct, not destroy, the nation. He called on opposition political parties to respect the law and not to force his hand to suspend them. The minister also warned NGOs to respect the contract they signed with his ministry or be suspended.

Nongovernmental Impact: There were reports that separatist groups in the Southwest and Northwest Regions sought to inhibit freedom of expression, including for the press. In an August 13 online post, Moki Edwin Kindzeka, a Yaounde-based journalist, said it was becoming impossible for journalists to practice their profession, because they faced pressure from both separatist fighters and the government. The article was in reaction to Atanga Nji’s August 9 statements.

b. Freedoms of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

Although the constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, at times the government restricted these rights. Growing concerns over the entry of armed groups into Cameroon from the Central African Republic (CAR) and the conflict with Boko Haram in the Far North Region appeared to have prompted the government to adopt a more restrictive approach to refugee movement. The government made it more difficult for refugees, asylum seekers, and stateless persons to move freely in the country.

In some instances, the government worked with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. The government sometimes failed to respect its obligations under relevant international laws. There were instances where it forcibly returned asylum seekers to their countries and did not readily provide humanitarian organizations such as the United Nations access to asylum seekers before refouling them.

In-country Movement: Using minor infractions as a pretext, police and gendarmes at roadblocks and checkpoints in cities and on most highways often extorted bribes and harassed travelers. Police frequently stopped travelers to check identification documents, vehicle registrations, and tax receipts as security and immigration control measures. Unaccompanied women were frequently harassed when traveling alone. Authorities restricted movements of persons and goods, including motorbikes, especially in the Northwest and Southwest Regions, citing security concerns. Armed Anglophone separatists also restricted the movements of persons and goods in the two Anglophone regions, sometimes in a deliberate attempt to harass and intimidate the local population. Humanitarian organizations cited difficulty in accessing certain areas and in some instances were harassed and denied passage by government authorities.

On June 14, Governor Adolphe Lele Lafrique of the Northwest Region lifted the curfew placed in the region since November 2018. The curfew, which lasted eight months, restricted movement of persons and property in the Northwest Region between 9 p.m. and 6 a.m.

f. Protection of Refugees

According to UNHCR and government estimates, the country hosted 403,208 refugees and 9,435 asylum seekers as of September 30. The refugee population included 291,803 CAR nationals, 108,335 Nigerians, and 1,599 Chadians. The remaining refugee population hailed from Rwanda, the Democratic Republic of Congo, Sudan, Cote d’Ivoire, Burundi, and the Republic of Congo.

In principle, Cameroon operates an open-door policy and has ratified the major legal instruments for refugee protection, including the 1951 Refugee Convention. These commitments were not translated into a progressive legal framework allowing refugees their rights as stated in various legal instruments.

Abuse of Migrants, Refugees, and Stateless Persons: The government cited other concerns, including security and suspicion of criminal activity, to justify arbitrary arrests and detention of refugees and asylum seekers. The government at times cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government stated there was no official policy of forcibly repatriating refugees. On January 16, however, Cameroon forcefully returned 267 Nigerian refugees fleeing Boko Haram to northeast Nigeria. In a February 27 statement, Medicins Sans Frontieres stated Cameroonian and Nigerian authorities ordered 40,000 refugees in Cameroon to return to northeast Nigeria and expressed concern over their possible fate due to continuing insecurity in Rann and a lack of humanitarian assistance. Tens of thousands of persons had fled the town of Rann in northeast Nigeria to Cameroon after a January attack by Islamist insurgents. In 2018 UNHCR and NGOs also reported cases of forced returns of asylum seekers, mostly of Nigerians. According to HRW, in 2017 more than 4,400 asylum-seeking Nigerians were forcibly returned to Nigeria. UNHCR reported that 1,300 were forcibly returned in 2018 and an estimated 600 in 2019. In February an estimated 40,000 Nigerian refugees who had fled to Cameroon in the wake of armed attacks were soon after returned to Nigeria, after Nigerian government officials advised that conditions were safe for their return. Humanitarian organizations, however, stated the conditions were unsafe for return and that the area was largely inaccessible to relief agencies.

Access to Asylum: The laws provide for granting asylum or refugee status, and the government has established a system of providing protection to refugees, but the implementation of this system is less likely. UNHCR continued to provide documentation and assistance to the refugee population. Nevertheless, local authorities did not always recognize these documents as official, which prevented refugees from travelling and engaging in business activities. UNHCR and the government continued to conduct biometric verification and registration of refugees in the Far North Region, including of those not living in a refugee camp.

Access to Basic Services: Refugees had limited access to health care, education, and employment opportunities. Their rural host communities faced similar challenges, but the situation was somewhat worse for refugees. Access to these services varied according to the location of the refugees, with those in camps receiving support through humanitarian assistance, while refugees living in host communities faced difficulty receiving services.

Durable Solutions: UNHCR and the governments of Cameroon and Nigeria started the voluntary repatriation of Nigerian refugees in Cameroon as agreed upon under the 2017 tripartite agreement. The first phase of the voluntary repatriation exercise was conducted on August 22, and involved 133 Nigerian refugees, who departed Maroua for Yola in Nigeria’s Adamawa State, using a Nigerian Air Force plane.

In June 2018 UNHCR carried out return intention surveys using a sample of 4,000 CAR refugees that indicated that approximately one quarter of those surveyed would be interested in going back home, while three quarters would prefer local integration as a durable solution. As of year’s end, UNHCR had assisted more than 2,000 CAR refugees who elected to voluntary return to their areas of origin.

Temporary Protection: The government provided temporary, unofficial protection to individuals who may not qualify as refugees, extending this protection to hundreds of individuals during the year, including third-country nationals who had fled violence in CAR. Due to their unofficial status and inability to access services or support, many of these individuals were subject to harassment and other abuses.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. The penal code identifies different offenses as corruption, including influence peddling, involvement in a prohibited employment, and nondeclaration of conflict of interest. Reporting of corruption was encouraged through exempting whistleblowers from criminal proceedings. Corruption in official examinations is punishable by up to five years’ imprisonment, fines up to two million CFA francs ($3,400), or both. There were reports that senior officials sentenced to prison were not required to forfeit ill-gotten gains.

In 2018 the National Anticorruption Commission instituted a toll-free number to encourage citizens to denounce acts of corruption of which they were victims or witnesses. In addition, there were a number of organizations who joined a common platform known as the National Platform of Cameroonian Civil Society Organizations, which under the 2018 Finance Law was provided a budget of 150 million CFA francs ($255,000).

Corruption: The results of the 2019 competitive examination into the National School of Administration and Magistracy highlighted unethical practices surrounding the organization of public service examinations. Anecdotal reports suggested most successful candidates either hailed from specific localities or were sponsored by or related to senior-level government officials, to the detriment of ordinary candidates.

The government continued Operation Sparrow Hawk that was launched in 2006 to fight embezzlement of public funds. As in the previous year, the Special Criminal Court opened new corruption cases and issued verdicts on some pending cases. On March 8, the court placed former defense minister Edgar Alain Mebe Ngo’o and his wife in pretrial detention at the Yaounde Kondengui Central Prison. Authorities accused them of financial malpractices associated with the purchase of military equipment for the army, from the time Mebe Ngo’o served as minister of defense.

Financial Disclosure: The constitution requires senior government officials, including members of the cabinet, to declare their assets prior to and after leaving office, but the government had not implemented it since its promulgation in 1996.

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

A number of domestic and international human rights groups investigated and published findings on human rights cases. Government officials impeded the effectiveness of many local human rights NGOs by harassing their members, limiting access to prisoners, refusing to share information, and threatening violence against NGO personnel. Human rights defenders and activists received anonymous threats by telephone, text message, and email. The government took no action to investigate or prevent such occurrences. The government at times denied international organization access to the country. The government criticized reports from international human rights organizations, including Amnesty International, HRW, and the International Crisis Group, accusing them of publishing baseless accusations. On April 12, for example, officials at Douala International Airport refused entry to an HRW researcher, even though she held a valid visa.

There were several reports of intimidation, threats, and attacks aimed at human rights activists including members of the REDHAC and the Network of Cameroonian Lawyers against the Death Penalty, among others. A female human rights advocate was sexually assaulted by an armed man who warned her to stop harassing the government.

The United Nations or Other International Bodies: In May UN High Commissioner for Human Rights Michelle Bachelet visited Cameroon, at the invitation of the Cameroonian government, to evaluate progress made in the protection and promotion of human rights. Bachelet expressed concern to the government over the shrinking of civic space in Cameroon.

Government Human Rights Bodies: In June the government passed a law establishing the Cameroon Human Rights Commission (CHRC), as a replacement for the existing NCHRF. Like the NCHRF, the CHRC is a nominally independent but government-funded institution. The law establishing the CHRC extended its missions to protect human rights, incorporating provisions of Articles 2 and 3 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The CHRC did not become operational during the year, because the president had not yet designated its members. The NCHRF continued to operate in its place. It coordinated actions with NGOs, visited some prisons and detention sites, and provided human rights education. NGOs, civil society, and the general population considered the NCHRF dedicated and effective, albeit inadequately resourced and with insufficient ability to effectively hold human rights violators to account. A number of observers questioned the decision to establish a new institution and expressed concerns about its ability to confront the government that funds it.

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 rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes. This does not apply to multiple groups of workers, including defense and national security personnel, prison administration civil servants, and judicial and legal personnel. The law also prohibits antiunion discrimination and requires the reinstatement of workers fired for union activity. Statutory limitations and other practices substantially restricted these rights. The law does not permit the creation of a union that includes both public- and private-sector workers, or the creation of a union that includes different, even if closely related, sectors. The law requires that unions register with the government, have a minimum of 20 members, and formalize the union by submitting a constitution and by-laws. Founding members must also have clean police records. Those who form a union and carry out union activities without registration can be fined under the law. More than 100 trade unions and 12 trade union confederations were in operation, including one public-sector confederation. Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister responsible for “supervising public freedoms,” currently the minister of territorial administration.

The constitution and law provide for collective bargaining between workers and management, as well as between labor federations and business associations in each sector of the economy. The law does not apply to the agricultural or informal sectors, which included the majority of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted. Workers who ignore procedures to conduct a legal strike may be dismissed or fined. Free Industrial Zones are subject to some labor laws; however, there are several exceptions. The employers have the right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers.

The government and employers did not effectively enforce the applicable legislation on freedom of association and the right to collective bargaining. Penalties for violations were rarely enforced and were ineffective as a deterrent. Administrative judicial procedures were infrequent and subject to lengthy delays and appeals.

Collective agreements are binding until after a party has given three months’ notice to terminate. Unlike in the previous year, there were no reported allegations that the minister of labor and social security negotiated collective agreements with trade unionists who had nothing to do with the sectors concerned and did not involve trade union confederations that prepared the draft agreements. The government continued to undermine the leadership of the Cameroon Workers Trade Union Confederation (CSTC), one of 12 trade union confederations elected in 2015.

Despite multiple complaints by CSTC’s elected leadership, the government continued to work with former leaders. In June for example, the minister of labor reportedly included Celestin Bama, a member of the former leadership team, as CSTC’s representative in the Cameroonian delegation to the International Labor Conference in Geneva. The International Trade Union Confederation worked with CSTC’s legitimate leadership for its 4th Congress held in Copenhagen, Denmark, in early December 2018.

Trade unionists reported some company officials disregarded labor legislation and prohibited the establishment of trade unions in their companies. They cited the examples of Sarsel and Harjap, two Lebanese-owned businesses based in Douala, as well as several small- and medium-sized Cameroonian companies. Unlike in 2018, there were no reported allegations that some companies retained 1 percent of unionized workers’ salaries as union dues but refused to transfer the money to trade unions.

Many employers used subcontractors to avoid hiring workers with bargaining rights. Workers’ representatives said most major companies, including parastatal companies, engaged in the practice, citing the electricity company Energy of Cameroon, the water company Camerounaise des Eaux, cement manufacturer Cimencam, Guinness, Aluminum Smelter (Alucam), COTCO, Ecobank, and many others. Subcontracting was reported to involve all categories of personnel, from the lowest to senior levels. As a result, workers with equal expertise and experience did not always enjoy similar advantages when working for the same business, and subcontracted personnel typically lacked a legal basis to file complaints.

Several strikes were announced during the year. Some were called off after successful negotiation, and some were carried out peacefully, while others faced some degree of repression.

On July 31, the Free National Union of Dockers and Related Activities of Cameroon embarked on a peaceful and lawful strike at the port of Douala. The striking workers demanded improved working conditions, including the effective implementation of a presidential decree of January 24 that offered them hope for better conditions of employment and work. Port officials allegedly called police and administrative authorities to the scene shortly after the start of the strike. They threatened the striking workers with dismissal if they did not return to work and arrested Jean Pierre Voundi Ebale, the elected leader of the dockers’ union, and two other members of the union, Guialbert Oumenguele and Elton Djoukang Nkongo. The senior divisional officer for Wouri placed them on a renewable two-week administrative custody at the Douala Central Prison. Voundi Ebale and his codetainees were released on September 1, after one full month of detention, reportedly on banditry-related charges.

As of November 30, the government delegate to the Douala City Council had not implemented a September 2017 decision of the Littoral Court of Appeal’s Labor Arbitration Council requesting the delegate to reinstate the 11 workers’ representatives he suspended in April 2017. The delegate instead opposed the court decision and referred the issue back to the labor inspector, who once again referred it to the region’s Court of Appeal. After multiple postponements, the court on October 29 confirmed the initial decision to reinstate the workers’ representatives and pay their salaries and outstanding arrears.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced and compulsory labor. The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent. Penalties would have likely been sufficient to deter violations if enforced. The law also extends culpability for all crimes to accomplices and corporate entities. Although the statutory penalties are fairly severe, the government did not enforce the law effectively, in part due to a lack of capacity to investigate trafficking and limited labor inspection and remediation resources. In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations, many victims of forced or compulsory labor resorted to accepting an out-of-court settlement.

There continued to be anecdotal reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region. Many members of the Kirdi–whose ethnic group practiced predominately Christian and traditional faiths and who had been enslaved by the Muslim Fulani in the 1800s–continued to work for traditional Fulani rulers for compensation, in room and board and generally a low and unregulated salary, while their children were free to pursue schooling and work of their choosing. Kirdi were also required to pay local chiefdom taxes to the Fulani, as were all other subjects. The combination of low wages and high taxes (although legal) effectively constituted forced labor. While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable options.

Anecdotal reports suggested that in the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitive wages to work on their farms during the harvest seasons.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and sets 14 as the minimum age of employment. The law prohibits children from working at night or longer than eight hours per day. It also outlines tasks children younger than 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution. Employers are required to provide skills training to children between ages 14 and 18. Because compulsory education ends at age 12, children who were not in school and not yet 14 were particularly vulnerable to child labor. Laws relating to hazardous work for children younger than 18 are not comprehensive, since they do not include prohibitions on work underwater or at dangerous heights. Children engaged in hazardous agricultural work, including in cocoa production. The government in 2018 earmarked funds for the Ministry of Labor and Social Security to revise the hazardous work list. There were no reported developments or progress achieved as of late November. The law provides penalties ranging from fines to imprisonment for those who violate child labor laws. These penalties likely would have been sufficient to deter violations, if enforced.

Children worked in agriculture, where they were exposed to hazardous conditions, including handling heavy loads, machetes, and agricultural chemicals. Children worked in mining, where they carried heavy loads and were exposed to dangerous conditions. Children worked as street vendors and in fishing, where they were exposed to hazardous conditions. Children in these sectors mainly worked alongside families and not under formal employers. Children were subjected to forced begging as talibes in Quran schools. Children were recruited or coerced by armed groups to work as porters, scouts, cooks, and child soldiers.

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

d. Discrimination with Respect to Employment and Occupation

The law contains no specific provisions against discrimination, but the constitution in its preamble provides that all persons shall have equal rights and obligations and that every person shall have the right and the obligation to work.

Discrimination in employment and occupation allegedly occurred with respect to ethnicity, HIV status, disability, gender, and sexual orientation, especially in the private sector. Ethnic groups often gave preferential treatment to members of their respective ethnic group in business and social practices, and persons with disabilities reportedly found it difficult to secure and access employment. There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions. The government took no action to eliminate or prevent discrimination and kept no records of incidents of discrimination.

e. Acceptable Conditions of Work

The minimum wage in all sectors was greater than the World Bank’s international poverty line. Premium pay for overtime ranged from 120 to 150 percent of the hourly rate, depending on the amount of overtime and whether it is weekend or late-night overtime. Despite the minimum wage law, employers often negotiated with workers for lower salaries, in part due to the extremely high rate of underemployment in the country. Salaries lower than the minimum wage remained prevalent in the public-works sector, where many positions required unskilled labor, as well as in domestic work, where female refugees were particularly vulnerable to unfair labor practices.

The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with a maximum limit of 48 hours per week in agricultural and related activities. There are exceptions for guards and firefighters (56 hours per week), service-sector staff (45 hours per week), and household and restaurant staff (54 hours per week). The law mandates at least 24 consecutive hours of weekly rest.

The government sets health and safety standards in the workplace. The minister in charge of labor issues establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety. These regulations were not enforced in the informal sector. The labor code also mandates that every enterprise and establishment of any kind provide medical and health services for its employees. This stipulation was not enforced.

The Ministry of Labor and Social Security is responsible for national enforcement of the minimum wage and work hour standards, but it did not enforce the law. Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program. The government more than doubled the total number of labor inspectors, but the number of labor inspectors was still insufficient. Moreover, the government did not provide adequate access to vehicles or computers, hampering the effectiveness of the inspectors.

Central African Republic

Executive Summary

The Central African Republic (CAR) is a presidential republic. Voters elected Professor Faustin-Archange Touadera president in a 2016 run-off election. Despite reports of irregularities, international observers reported the 2016 presidential and legislative elections were free and fair. On February 6, the government and 14 armed groups signed the Political Agreement for Peace and Reconciliation, their eighth peace accord, and President Touadera appointed Firmin Ngrebada as prime minister. An inclusive government was established on March 22 under Prime Minister Firmin Ngrebada. National elections are scheduled to take place December 2020.

Police and gendarmes have responsibility for enforcing law and maintaining order. The Central African Armed Forces (FACA) have responsibility for maintaining order and border security. The FACA report to the Ministry of Defense. Police and the gendarmerie report to the Ministry of Interior and Public Security. Civilian authorities’ control over the security forces continued to improve but remained weak. State authority beyond the capital improved with the deployment of prefects and FACA troops in the western and southeastern parts of the country; armed groups, however, still controlled significant swaths of territory throughout the country and acted as de facto governing institutions, taxing local populations and appointing armed group members to leadership roles.

Significant human rights issues included: arbitrary and unlawful killings and forced disappearance by ex-Seleka, Anti-balaka, and other armed groups; torture by security forces; arbitrary detention by security forces and armed groups; harsh and life-threatening prison conditions; violence against and unjustified arrests of journalists; widespread official corruption; unlawful recruitment and use of child soldiers by armed groups; trafficking in persons; crimes of violence against women and girls by armed groups, to which the government took increased action, but was often still unable to prevent or prosecute; criminalization of same-sex conduct; and use of forced labor, including forced child labor.

During the year the government started to take steps to investigate and prosecute government officials for alleged human rights abuses, including in the security forces. Nevertheless, a climate of impunity and a lack of access to legal services remained obstacles.

Intercommunal violence and targeted attacks on civilians by armed groups continued. Armed groups perpetrated serious abuses of human rights and international humanitarian law during the internal conflicts. Both ex-Seleka and Anti-balaka armed groups committed unlawful killings, torture and other mistreatment, abductions, sexual assaults, looting, and destruction of property.

Note: This report refers to the “ex-Seleka” for all abuses attributed to the armed factions associated with Seleka, including the Popular Front for the Renaissance in the Central African Republic (FPRC), the Union for Peace (UPC), and the Patriotic Movement for the Central African Republic (MPC), which occurred after the Seleka was dissolved in 2013.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression and the press. The government generally respected these rights.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. All print media in the country were privately owned. Radio was the most widespread medium of mass communication. There were a number of alternatives to the state-owned radio station, such as Radio Centrafrique. Independent radio stations operated freely and broadcast organized debates and call-in talk shows that were critical of the government, election process, ex-Seleka, and Anti-balaka militias. International media broadcast within the country.

Public discussion and political debates were generally free from state authorities’ influence. Freedom of expression, however, was inhibited due to the risk of retaliation by armed groups for expressing opinions opposing their ideologies.

The government monopolized domestic television broadcasting, with coverage typically favorable to government positions.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, including the right to participate in political protests. The government, however, denied most requests to protest that were submitted by civil society groups, citing insecurity in Bangui.

Between April and June, the government repeatedly denied the right to peacefully demonstrate to a platform of civil society and opposition political parties, known as “E Zingo Biani.” On June 15, “E Zingo Biani” attempted to organize a meeting at the UCATEX stadium located in the Combatant district in the eighth constituency of Bangui near the Bangui M’poko Airport. The group submitted a request to the Ministry of Interior and Public Security; however, the request was denied. The Central African police, supported by MINUSCA forces as well as citizens who were part of a proregime paramilitary group called the “Central African Sharks Movement,” led by Heritier Doneng, prevented the demonstration from taking place. The group attempted to circumvent the ban peacefully with a demonstration and a march. Police fired teargas at the demonstrators, several of whom were severely injured. Former minister Joseph Bendounga and two AFP reporters were arrested by the OCRB.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government did not always respect these rights.

The government generally cooperated with 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.

In-country Movement: Armed groups and bandits made in-country movement extremely dangerous. Government forces, armed groups, and criminals alike frequently used illegal checkpoints to extort funds.

f. Protection of Refugees

Access to Asylum: The laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Individuals that had fled their countries of origin and had prior criminal records, however, were immediately repatriated.

In June the government celebrated the 36th anniversary of the National Commission for Refugees and gave 42 Rwandan refugees asylum certificates to remain in CAR.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. In 2017 President Touadera issued a decree appointing members of the High Authority for Good Governance, an independent body mandated by the constitution. It is charged with protecting the rights of minorities and the handicapped, and with ensuring the equitable distribution of natural resource revenues, among other roles.

Corruption and nepotism have long been pervasive in all branches of government, and addressing public-sector corruption was difficult in view of limited government capacity.

Corruption: No corruption cases were brought to trial. There were widespread rumors and anecdotal stories of pervasive corruption and bribery. In July a parliamentary commission released a report with allegations of corruption including bribery among members of parliament, ministers, high-ranking civil servants, and Chinese mining companies operating in the prefectures of Ouham-Pende and Ouham. No legal actions were taken by the government.

Financial Disclosure: The constitution requires senior members of the executive, legislative, and judicial branches at the beginning of their terms to declare publicly their personal assets and income for scrutiny by the Constitutional Court. The constitution specifies that the law determine sanctions for noncompliance. Declarations are public. The constitution requires ministers to declare their assets upon departing government but is not explicit on what constitutes assets or income.

As of September there was no evidence that any ministers declared their assets.

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

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

Government Human Rights Bodies: In 2017 President Touadera signed into law an act establishing an independent National Commission on Human Rights and Fundamental Liberties (NCHRFL). The commission has the authority to investigate complaints, including the power to call witnesses and subpoena documents. In 2019 the NCHRFL collaborated with the Ministry of Justice, MINUSCA, and the African Union to draft the National Human Rights Policy for CAR. Additionally, the government was setting up the SCC’s victim and witness protection unit with MINUSCA’s assistance (see section 1.e.).

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, except for senior-level state employees, security force members, and foreign workers in residence for less than two years, to form or join independent unions without prior authorization. The labor code provides for the right of workers to organize and administer trade unions without employer interference and grants trade unions full legal status. The law requires union officials be full-time, wage-earning employees in their occupation and allows them to conduct union business during working hours if the employer is informed 48 hours in advance and provides authorization. Substantial restrictions hampered noncitizens from holding leadership positions in a union, despite amendments to the labor code.

The labor code provides that unions may bargain collectively in the public and private sectors.

Workers have the right to strike in both the public and private sectors, but the law prohibits security forces, including the armed forces and gendarmes, from striking. Requirements for conducting a legal strike are lengthy and cumbersome. For a strike to be legal, the union must first present its demands, the employer must respond to these demands, labor and management must attend a conciliation meeting, and an arbitration council must find that the union and the employer failed to reach agreement on valid demands. The union must provide eight days’ advance written notification of a planned strike. The law states that if employers initiate a lockout that is not in accordance with the code, the employer is required to pay workers for all days of the lockout. The Ministry of Labor, of Employment and Social Protection has the authority to establish a list of enterprises that are required by law to maintain a “compulsory minimum service” in the event of a strike. The government has the power of requisition or the authority to end strikes by invoking the public interest. The code makes no other provisions regarding sanctions on employers for acting against strikers.

The law expressly forbids antiunion discrimination. Employees may have their cases heard in labor court. The law does not state whether employers found guilty of antiunion discrimination are required to reinstate workers fired for union activities, although the law requires employers found guilty of such discrimination to pay damages, including back pay and lost wages.

The government generally enforced applicable laws and respected laws concerning labor actions. The enforcement of penalties was not sufficient to deter violations. Workers exercised some of these rights, but only a relatively small part of the workforce, primarily civil servants, exercised the right to join a union. While worker organizations are officially outside government or political parties, the government exerted some influence over the leadership of some organizations.

Labor unions did not report any underlying patterns of discrimination or abuse. The president of the labor court stated the court did not hear any cases involving antiunion discrimination during the year.

Collective bargaining occurred in the private sector during the year, although the total number of collective agreements concluded was unknown. The government was not generally involved if the two parties were able to reach an agreement. Information was unavailable on the effectiveness of collective bargaining in the private sector.

b. Prohibition of Forced or Compulsory Labor

The labor code specifically prohibits and criminalizes all forms of forced or compulsory labor. The enforcement of penalties was not sufficient to deter violations. The labor code’s prohibition of forced or compulsory labor also applies to children, although the code does not mention them specifically. The penalties for violations were not sufficient to deter violations because the government did not enforce the prohibition effectively. There were reports such practices occurred, especially in armed conflict zones.

Employers subjected men, women, and children to forced domestic labor, agricultural work, mining, market or street vending, and restaurant labor, as well as sexual exploitation. Criminal courts sentenced convicted persons to imprisonment and forced labor, and prisoners often worked on public projects without compensation. This practice largely took place in rural areas. Ba’aka, including children, often were coerced into labor as day laborers, farm hands, or other unskilled labor and often treated as slaves (see section 6). No known victims were removed from forced labor during the year.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor code forbids some of the worst forms of child labor. The law prohibits children younger than 18 from performing “hazardous work,” but the term is not clearly defined and does not specify if it includes all of the worst forms of child labor. The mining code specifically prohibits child or underage labor. The employment of children younger than 14 was prohibited under the law without specific authorization from the Ministry of Labor, of Employment and Social Protection. The law, however, also provides that the minimum age for employment may be as young as 12 for some types of light work in traditional agricultural activities or home services. Additionally, since the minimum age for work is lower than the compulsory education age, some children may be encouraged to leave school to pursue work before completion of compulsory education. The law enumerates the types of hazardous work prohibited for children

The government did not enforce child labor laws. The government trained police, military, and civilians on child rights and protection, but trainees lacked resources to conduct investigations. The government announced numerous policies related to child labor, including those to end the sexual exploitation and abuse of children and the recruitment and use of children in armed conflict, but there was no evidence of programs to eliminate or prevent child labor, including its worst forms. Penalties were not sufficient to deter violations.

Child labor was common in many sectors of the economy, especially in rural areas. Local and displaced children as young as seven years old frequently performed agricultural work, including harvesting peanuts and cassava and helping gather items subsequently sold at markets such as mushrooms, hay, firewood, and caterpillars. In Bangui many of the city’s street children worked as street vendors. Children often worked as domestic workers, fishermen, and in mines, often in dangerous conditions. For example, children were forced to work without proper protection or were forced to work long hours (i.e., 10 hours per day or longer). Children also engaged in the worst forms of child labor in diamond fields, transporting and washing gravel as well as mining gold, digging holes, and carrying heavy loads. Despite the law’s prohibition on child labor in mining, observers saw many children working in and around diamond mining fields. No known victims were removed from the worst forms of child labor during the year.

Children continued to be engaged as child soldiers. There were reports of ex-Seleka and Anti-balaka recruiting child soldiers during the year (see section 1.g.).

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

d. Discrimination with Respect to Employment and Occupation

It is illegal to discriminate in hiring or place of employment based on race, national or social origin, gender, opinions, or beliefs. The government did not effectively enforce the law, however, if they were rigorously enforced, the laws would be sufficient to deter violations. The law does not explicitly prohibit discrimination in employment and occupation based on disability, age, language, sexual orientation, gender identity, social status, HIV-positive status, or having other communicable diseases.

Discrimination against women in employment and occupation occurred in all sectors of the economy and in rural areas, where traditional practices that favor men remained widespread.

Migrant workers experienced discrimination in employment and pay.

e. Acceptable Conditions of Work

The labor code states the minister of labor, employment, and social protection must set minimum wages in the public sector by decree. The government, the country’s largest employer, set wages after consultation, but not negotiation, with government employee trade unions. The minimum wages in the private sector are established based on sector-specific collective conventions resulting from negotiations between employers and workers’ representatives in each sector.

The minimum wage in the private sector varied by sector and type of work. The minimum wage in all sectors was below the World Bank standard for extreme poverty.

The minimum wage applies only to the formal sector, leaving most of the economy without a minimum wage. The law applies to foreign and migrant workers as well. Most labor was performed outside the wage and social security system in the extensive informal sector, especially by farmers in the large subsistence agricultural sector.

The law sets a standard workweek of 40 hours for government employees and most private-sector employees. Household employees may work up to 52 hours per week. The law also requires a minimum rest period of 48 hours per week for citizen, foreign, and migrant workers. Overtime policy varied according to the workplace. Violations of overtime policy may be referred to the Ministry of Labor, Employment, and Social Protection, although it was unknown whether this occurred during the year. There is no legal prohibition on excessive or compulsory overtime. The labor code, however, states that employers must provide for the health and security of employees who are engaged in overtime work.

There are general laws on health and safety standards in the workplace, but the Ministry of Labor, of Employment and Social Protection did not precisely define them. The labor code states that a labor inspector may force an employer to correct unsafe or unhealthy work conditions.

If information exists concerning dangerous working conditions, the law provides that workers may remove themselves without jeopardy to their employment. In such instances the labor inspector notifies the employer and requires that conditions be addressed within four working days. The high unemployment and poverty rates deterred workers from exercising this right.

The government did not effectively enforce labor standards, and violations were common in all sectors of the economy. The Ministry of Labor, of Employment and Social Protection has primary responsibility for managing labor standards, while enforcement falls under the Ministry of Interior and Public Safety and the Ministry of Justice and Human Rights. The government did not have an adequate number of labor inspectors to enforce compliance with all labor laws. Penalties were seldom enforced and were insufficient to deter violations. Employers commonly violated labor standards in agriculture and mining. Salary and pension arrears were problems for armed forces personnel and the country’s approximately 24,000 civil servants.

Diamond mines, which employed an estimated 400,000 persons, are subject to standards imposed by the mining code and inspection by the Miners’ Brigade. Nevertheless, monitoring efforts were underfunded and insufficient. Despite the law requiring those working in mines to be at least age 18, observers frequently saw underage diggers. Diggers often worked in open pits susceptible to collapse, working seven days a week during the peak season. Diggers were employed by larger mine operators, worked in dangerous conditions at the bottom of open pits, and lacked safety equipment.

Miners, by contrast, had a share in ownership and participated in the proceeds of diamond sales. Often miners supplemented these earnings with either illegal diamond sales or wages from other sectors of the economy.

The government does not release information on workplace injury and deaths, or other occupational health and safety statistics, and officials failed to respond to International Labor Organization direct requests to provide this information.

Chad

Executive Summary

Chad is a centralized republic in which the executive branch dominates the legislature and judiciary. In 2016 President Idriss Deby Itno, leader of the Patriotic Salvation Movement (MPS), was elected to a fifth term in an election that was neither free nor fair. During the 2011 legislative elections, the ruling MPS won 118 of the National Assembly’s 188 seats. International observers deemed the election legitimate and credible. Since 2011 legislative elections have been repeatedly postponed for lack of financing or planning. The National Independent Electoral Commission stated it would not be possible to organize legislative elections by year’s end.

The National Army of Chad (ANT), National Gendarmerie, Chadian National Police, Chadian National Nomadic Guard (GNNT), and National Security Agency (ANS) are responsible for internal security. A specialized gendarmerie unit, the Detachment for the Protection of Humanitarian Workers and Refugees (DPHR), is responsible for security in refugee camps for both refugees and humanitarian workers. The ANT reports to the Ministry of Defense. The national police, GNNT, and DPHR are part of the Ministry of Public Security and Immigration. ANS reports directly to the president. Civilian authorities at times did not maintain effective control of the security forces.

Significant human rights issues included: arbitrary killings by the government or its agents; torture by security forces; arbitrary and incommunicado detention by the government; harsh and potentially life-threatening prison conditions; political prisoners; censorship of the press and restrictions on access to social network sites by the government, including arrest and detention by the government of persons for defamation; substantial interference with the rights of peaceful assembly and freedom of association; significant restrictions on freedom of movement; restrictions on political participation; pervasive acts of corruption; violence against women and girls to which government negligence significantly contributed; and criminalization of same-sex sexual conduct.

Unlike in 2018 there were no reports of authorities taking steps to prosecute or punish officials who committed abuses, whether in the security services or elsewhere in the government, and impunity remained a problem.

Members of Boko Haram, the Nigerian militant terrorist group, killed numerous civilians and military personnel in attacks in the country, often using suicide bombers.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of opinion, expression, and press, but the government severely restricted these rights, according to Freedom House. Authorities used threats and prosecutions to curb critical reporting, after ruling party powers were expanded under the constitution of the fourth republic.

Freedom of Expression: The law prohibits “inciting racial, ethnic, or religious hatred,” which is punishable by up to two years in prison and a fine of one million to three million CFA francs ($1,700 to $5,100).

Press and Media, Including Online Media: Independent media were active and attempted to express a variety of views; however, authorities placed severe restrictions on them. The government subsidized Le Progres–the only daily newspaper–and owned a biweekly newspaper L’Info. Government and opposition newspapers had limited readership outside the capital due to low literacy rates and lack of distribution in rural areas.

According to Freedom in the World 2016, “broadcast media were controlled by the state, and the High Council of Communication exerted control over most content on the radio,” which remained the most important medium of mass communication. The government-owned Chadian National Radio had several stations. There were approximately 40 private stations, which faced high licensing fees and threat of closure for coverage critical of the government, according to Freedom House. The number of community radio stations that operated outside of government control continued to grow, and radio call-in programs broadcast views of callers that included criticism of the government.

The country had three television stations–one owned by the government and two privately owned.

Violence and Harassment: Authorities reportedly harassed, threatened, arrested, and assaulted journalists for defamation. During the year Reporters Without Borders reported that journalists faced regular arrest after publication, most released fairly quickly, others held in detention for weeks or months, and some severely mistreated, particularly when articles discussed impunity or criticized the president and his associates. Authorities expelled foreign journalists and suspended media outlets. Human rights defenders and journalists were also threatened, harassed, and intimidated by anonymous individuals.

On September 23, a court convicted Inoua Martin Doulguet, editor in chief of the newspaper Salam Info, of “criminal conspiracy, complicity, defamation, and insult” and sentenced him to three years’ imprisonment and a fine of two million CFA francs ($3,400).

Censorship or Content Restrictions: The government penalized those who published items counter to government guidelines, sometimes by closing media outlets. Some journalists and publishers practiced self-censorship.

Beginning on October 2, the High Authority for Media and Audiovisual (HAMA) suspended Radio Oxygen from broadcasting for a period of three months for “violation of the provisions of the terms of reference for private commercial sound broadcasts.” According to the local press, HAMA closed the radio station because of its change of office location without notifying the regulating body.

Libel/Slander Laws: Despite a 2010 media law that abolished prison sentences for conviction of defamation or insult, authorities arrested and detained persons for defamation.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

Although the constitution and law provide for freedom of movement, foreign travel, emigration, and repatriation, the government limited these rights.

In-country Movement: Lack of security in the east, primarily due to armed banditry, occasionally hindered the ability of humanitarian organizations to provide services to refugees. In the Lake Chad region, attacks by Boko Haram and concurrent government military operations constrained the ability of humanitarian organizations to aid IDPs.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: International observers reported 134 protection incidents in the Lake Chad region that occurred in March. According to international observers, 17 (12 percent) of the alleged perpetrators were from the ANT and 81 (60 percent) were from armed opposition groups. Authorities rarely prosecuted perpetrators of sexual violence. The judicial system did not provide consistent and predictable recourse or legal protection, and traditional legal systems were subject to ethnic variations. To overcome these problems, the Office of the UN High Commissioner for Refugees (UNHCR) enlisted a local NGO to support the cases of refugees through the judicial process. The DPHR was unable to provide humanitarian escorts consistently but was generally effective in providing protection inside refugee camps.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, and other persons of concern. As of July the country hosted approximately 460,000 refugees and 3,700 asylum seekers, mainly from Sudan, the CAR, and Nigeria.

Due to the absence of rebel activity and the implementation of education campaigns in camps, there were no reports of recruitment of refugees in refugee camps, including by CAR militias.

Access to Asylum: The law does not provide for asylum or refugee status. The government, however, has established a system for the protection of refugees.

In cooperation with UNHCR, the government launched a project to strengthen the civil registration system for the issuance of civil status certificates (birth, marriage, and death certificates) to 50,000 refugees, IDPs, Chadian returnees from the CAR, and persons living around camps and settlements under UNHCR’s mandate. As of August 2018, 28,500 birth certificates were issued.

Access to Basic Services: Although local communities hosted tens of thousands of newly arrived refugees, antirefugee sentiment existed due to competition for local resources, such as wood, water, and grazing land. Refugees also received goods and services not available to the local population, and refugee children at times had better access to education and health services than those in the surrounding local populations. Many humanitarian organizations included host communities in their programming to mitigate this tension.

Durable Solutions: The government pledged to extend citizenship to tens of thousands of returnees, most of whom had resided in the CAR since birth, although only 3 percent of Chadian returnees from the CAR held Chadian nationality documents in 2018. The government allowed referral for resettlement in foreign countries of refugees from the CAR and Sudan. During the year 1,260 South Sudanese refugees repatriated with the help of UNHCR.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens with the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government limited this right. The executive branch dominated the other branches of government.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but authorities did not implement the law effectively, and corruption was pervasive at all levels of government.

According to Freedom House’s Freedom in The World 2019 report, corruption, bribery, and nepotism “are endemic and pervasive” and prominent journalists, labor leaders, and religious figures faced harsh reprisals for speaking out, including arrest, prosecution, and exile. According to Freedom House, prosecutions of high-level officials were widely viewed as selective efforts to discredit those who posed a threat to the president or his allies.

Corruption: There were reports of selective investigation of government officials during the year.

Corruption was most pervasive in government procurement, the awarding of licenses or concessions, dispute settlement, regulation enforcement, customs, and taxation. Local human rights organizations reported police extorted and verbally abused motorists. Security forces arbitrarily arrested travelers on pretexts of minor traffic violations.

Judicial corruption was a problem and hindered effective law enforcement.

Financial Disclosure: Public officials are subject to financial disclosure laws, but the laws do not specify sanctions for noncompliance, and declarations were not made available to the public.

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

Several domestic and international human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials were sometimes cooperative and responsive to their views. According to the UN Human Rights Council’s Working Group on Arbitrary Detention, in 2018 the government was not cooperative.

Government Human Rights Bodies: The Ministry of Justice and Human Rights coordinated efforts by local and international NGOs to protect human rights. Local NGOs reported the ministry functioned independently but was of limited effectiveness.

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 all workers, except members of the armed forces, to form and join independent unions of their choice. All unions must be authorized by the Ministry of Public Security and Immigration, which may order the dissolution of a union that does not comply with the law as determined by the ministry. The law provides for the right of workers to organize and bargain collectively. While there are no restrictions on collective bargaining, the law authorizes the government to intervene under certain circumstances. The law recognizes the right to strike but restricts the right of civil servants and employees of state enterprises to do so. The law requires a 72-hour notification before a strike. By law civil servants and employees of state enterprises must complete a mediation process before initiating a strike, but there is no specified timeline for this process. Civil servants who engage in strikes or resign in protest may be subjected to imprisonment and forced labor. Employees of several public entities classified as essential services, including postal workers, abattoir employees, and nine more categories, must continue to provide a certain level of services and may be “requisitioned” at the government’s discretion during a strike. The law permits imprisonment with hard labor for participation in an illegal strike. The labor code prohibits antiunion discrimination and explicitly covers all workers, including foreign and irregular workers. The law requires reinstatement of workers fired for union activity. Union members reported these protections were not always respected.

The government effectively protected freedom of association and collective bargaining, although both were subject to delays, primarily due to administrative difficulties in convening key officials for negotiations. Penalties were enough to deter violations, according to an inspector at the Ministry of Labor, although widespread reports of violations continued in media and from NGOs.

There were no reports of restrictions on collective bargaining or punishment of workers for participating in illegal strikes. More than 90 percent of employees in the formal sector belonged to unions. Most workers were self-employed and nonunionized, working as farmers or herders. State-owned enterprises dominated many sectors of the formal economy, and the government remained the largest employer. Unions were officially independent of both the government and political parties, although some unions were unofficially linked through members’ affiliation with political parties.

Public-sector employee unions staged several strikes during the year to protest late or nonpayment of salaries, allowances, bonuses, and stipends. In 2018 strikes lasted for several months as civil servants protested salary cuts; government services, schools, and hospitals were impacted. Strikes that occurred during the year were not accompanied by demonstrations, due to the Ministry of Interior and Public Security 2016 ban on demonstrations, which was challenged by the bar association in an ongoing case.

The government did not give priority to meeting with trade unions. In 2017 the unions’ Workers Coalition released a press note stating that the government did not fulfill its pay and allowance commitments; thus, the coalition was exploring all possibilities to return to negotiations. The president of the Union of Trade Unions of Chad also warned that his union would call for strikes if needed.

b. Prohibition of Forced or Compulsory Labor

The law criminalizes labor trafficking offenses, including forced labor. The Ministry of Justice Action Plan for 2019 Ordinance on Trafficking in Persons focuses on training members of the courts, local authorities, traditional and religious leaders, members of civil society, and members of enforcement agencies. As a result approximately 30 children were identified and reunited with their families. Nevertheless, enforcement of the law remained uneven.

The penal code criminalizes “involuntary labor” or servitude through the use of force, fraud, or coercion. These penalties were sufficient to deter violations. The government engaged in forced prison labor and may legally compel political prisoners to engage in forced labor. Human Rights NGOs reported that the use of forced prison labor was common.

Government efforts to enforce the law were not consistently effective. The government did not provide adequate resources or conduct adequate inspections. There were no reports of prosecutions during the year.

Forced labor, including forced child labor, occurred in the informal sector. Children and adults in rural areas were involved in forced agricultural labor, gold mining, charcoal production, and, in urban areas, forced domestic servitude. Prison officials subjected prisoners to forced labor on private projects, separate from the penalties provided for by the legal sentence.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor code stipulates the minimum age for employment is 14. The law provides exceptions for light work in agriculture and domestic service at age 12. The minimum age for hazardous work is 18. The legal minimum age for employment, a lack of schooling opportunities in some areas, and tribal initiation practices contributed to a general acceptance of working children if they were 14 or older, some of whom may be engaged in hazardous work. The law allows for children age 16 or older to engage in certain forms of hazardous work. The prohibition on children doing hazardous work does not apply to children in the informal sector. The minimum age for military recruitment is 18, and the minimum age for conscription is 20. The law prohibits the use of child soldiers.

The Ministry of Labor provided training to labor inspectors on children’s issues. The Office of Labor Inspection is responsible for enforcement of child labor laws and policies, but the government did not effectively enforce the law. Child labor remained widespread, but authorities did not prosecute any cases during the year, according to officials at the Ministry of Labor. During the year two cases of child trafficking were investigated under the Ordinance on Trafficking in Persons. Labor laws apply to work only in formal enterprises; there are no legal protections for children working in the informal sector. Penalties for conviction of violating child labor laws were not sufficient to deter violations. The law does not impose penalties “if the breach was the result of an error as to a child’s age, if the error was not the employer’s fault.” Police sometimes took extrajudicial action, such as arresting and detaining persons without a court warrant, against child labor offenders. Traditional leaders also sometimes meted out traditional punishments, such as ostracism, according to local human rights organizations.

While the government did not have a comprehensive plan to eliminate the worst forms of child labor, it worked with UNICEF and NGOs to increase public awareness of child labor. In addition, efforts continued to educate parents and civil society on the dangers of child labor, particularly for child herders.

Child laborers were subjected to domestic servitude, forced begging, and forced labor in cattle herding, agriculture, fishing, and street vending. Chadian children were also found in forced cattle herding in Cameroon, the CAR, and Nigeria. Child herders often lived in substandard conditions without access to school or proper nutrition. Their parents and herders generally agreed on an informal contract for the child’s labor that included a small monthly salary and a goat after six months or a cow at the end of a year. Local NGOs reported compensation often was not paid. According to the Chadian Women Lawyers’ Association, girls sold or forced into child marriages were forced by their husbands into domestic servitude and agricultural labor. Terrorist groups and community-based vigilante groups forced children to work as child soldiers.

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

d. Discrimination with Respect to Employment and Occupation

The law and labor regulations prohibit employment or wage discrimination based on race, color, religion, sex, age, national origin/citizenship, or membership in a union. There are no laws preventing employment discrimination based on disability, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social origin.

Workers may file discrimination complaints with the Office of the Labor Inspector, which investigates and subsequently may mediate between the worker and employer. If mediation fails, the case is forwarded to the Labor Court for a public hearing. The government did not effectively enforce these laws and regulations. The penalties for conviction by the Labor Court of discrimination were not sufficient to deter violations.

Women generally were not permitted to work at night, more than 12 hours a day, or in jobs that could present “moral or physical danger,” which is not defined. Persons with disabilities frequently experienced employment discrimination. Although the law prohibits discrimination based on nationality, foreign citizens often had difficulty obtaining work permits, earned lower wages, and had poor working conditions. LGBTI persons and HIV-positive persons faced social and employment discrimination and generally did not reveal their sexual orientation.

e. Acceptable Conditions of Work

The minimum wage was greater than the World Bank poverty rate. The law limits most employment to 39 hours per week, with overtime paid for additional hours. Agricultural work is limited to 2,400 hours per year, an average of 46 hours per week. All workers are entitled to uninterrupted rest periods of between 24 and 48 hours per week and paid annual holidays.

The labor code mandates occupational health and safety (OSH) standards that are current and appropriate for main industries. Workers have the right to remove themselves from dangerous working conditions without jeopardy to their employment, but they generally did not do so. The labor code gives inspectors the authority to enforce the law and explicitly covers all workers, including foreign and informal workers.

The Office of the General Inspectorate of the Ministry of Labor has responsibility for the enforcement of the minimum wage, work hours, and occupational OSH standards. The government did not effectively enforce the law. The minimum wage was not effectively enforced, and many persons were paid less, especially in the informal sector. The Ministry of Public Works employed insufficient labor inspectors to enforce the law. Labor inspectors may refer cases to the Ministry of Justice and Human Rights for prosecution. The government did not provide adequate budget, staffing, or training, which, along with corruption impeded effective enforcement. Authorities did not always respect legal protections for foreign and irregular workers. Penalties were not adequate to deter violations.

Salary arrears remained a problem for some private-sector employees. Workers did not always avail themselves of their rights concerning work hour limits, largely because they preferred the additional pay.

Multinational companies generally met the government’s acceptable OSH standards. The civil service and local private companies occasionally disregarded OSH and safety standards. Local private companies and public offices often had substandard conditions, including a lack of ventilation, fire protection, and OSH protection.

Comoros

Executive Summary

The Union of the Comoros is a constitutional, multiparty republic. The country consists of three islands–Grande Comore (also called Ngazidja), Anjouan (Ndzuani), and Moheli (Mwali)–and claims a fourth, Mayotte (Maore), that France administers. In March presidential elections occurred following the passage of the 2018 constitution. Elections were not free and fair, and international and domestic observers noted the election was marked by significant irregularities. The opposition did not recognize the results due to allegations of ballot stuffing, intimidation, and harassment. Observers considered the 2015 legislative elections to be generally free and fair.

The National Development Army and the Federal Police have responsibility for law enforcement and maintenance of order within the country. The National Development Army includes both the gendarmerie and the Comorian Defense Force. It reports to the president’s cabinet director for defense. The National Directorate of Territorial Safety, which oversees immigration and customs, reports to the minister of interior, information, and decentralization. The Federal Police report to the minister of interior. The gendarmerie’s intervention platoon also may act under the authority of the interior minister. When the gendarmerie serves as the judicial police, it reports to the minister of justice. Civilian authorities generally maintained effective control over police and other security forces.

Significant human rights issues included: torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; the worst forms of restrictions on free expression, the press, and the internet, including violence, threats of violence, and unjustified arrests or prosecutions against journalists; severe restrictions of religious freedom; widespread acts of corruption; trafficking in persons; the existence or use of laws criminalizing consensual same-sex sexual conduct between adults; and use of forced child labor in domestic work, fishing, and agriculture.

Impunity for human rights violations was widespread. Although the government discouraged officials from committing human rights violations and sometimes arrested or dismissed officials implicated in such violations, they were rarely tried.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, including for the press, with some limitations on press freedom.

Freedom of Expression: In July 2018 the country adopted a constitution that establishes Islam as the state religion and notes, “the state will draw on Sunni principles and rules, and Shafi’i rites which regulate belief and social life.” The law establishes Sunni Islam under the Shafi’i doctrine as the “official religious reference” and prohibits the performance of non-Sunni religious rituals in public places on the basis that such religious practices would “affront” society’s cohesion and endanger “national unity.” Individuals may not criticize the government or raise matters of public interest without restriction. The law criminalizes libel.

Press and Media, Including Online Media: Independent media were active and expressed a variety of views, but not without restriction. Some journalists practiced self-censorship.

Violence and Harassment: Some journalists were subjected to violence or harassment by government authorities due to their reporting. In February police arrested administrators of a private online radio station Facebook FM and accused them of insulting a high authority, disturbing public order, and incitement to hatred and defamation. Authorities released them without charge on May 31.

Censorship or Content Restrictions: On April 1, the government blocked the printing of the three main daily newspapers for that day’s issue. The three papers had written articles protesting the arrest and harassment of journalist Toufe Maecha.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the government did not always respect these rights.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement and foreign travel, and the government generally respected these rights. No specific constitutional or legal provisions deal with emigration and repatriation.

The country continues to claim sovereignty over the island of Mayotte, which France has administered since the island voted to remain part of France in a 1974 referendum in which the other three islands voted for independence. The government insists on the right of Comorians to travel freely to Mayotte despite the implementation of the so-called Balladur visa in 1995, which prevents most Comorians from doing so. Consequently, illegal migration to visit relatives, to seek medical care, or for other reasons continued, prompting the repatriation of more than 20,000 Comorians per year.

f. Protection of Refugees

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. According to the Office of the UN High Commissioner for Refugees, there were no registered refugees, returning refugees, asylum seekers, or other persons of concern in the country.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Citizens exercised that ability, although electoral irregularities marred the presidential election.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

The National Commission for Preventing and Fighting Corruption (CNPLC) was an independent administrative authority established to combat corruption, including through education and mobilization of the public. In 2016 the president repealed the provisions of the law that created the commission, citing its failure to produce any results. The Constitutional Court subsequently invalidated this decision, noting that a presidential decree may not overturn a law. Nevertheless, the president has neither renewed the commissioners’ mandates nor appointed replacement members.

Corruption: Resident diplomatic, UN, and humanitarian agency personnel reported petty corruption was commonplace at all levels of the civil service and security forces. Businesspersons reported corruption and a lack of transparency, while the World Bank’s Worldwide Governance Indicators reflected that corruption was a significant problem. Citizens paid bribes to evade customs regulations, to avoid arrest, and to obtain falsified police reports.

On April 15, the court in Moroni heard embezzlement charges against former finance minister Mohamed Bacar Dossar, the former vice president in charge of finance, Mohamed Ali Soilihi, and former president Ahmed Abdallah Sambi. Sambi is currently under arrest, while the others were told they could not leave the country until after the trial. As of October the court continued proceedings.

Financial Disclosure: The law requires high-level officials at national and island levels to declare their assets prior to entering office. The submission of a disclosure is made public, but the disclosure itself is not. Conviction of failure to comply is punishable by fines and up to two years’ imprisonment. In 2016 the CNPLC reported that all officials subject to the law filed financial disclosures; however, the mandates of CNPLC commissioners have not been renewed since 2017, and it is unclear whether any other organization has taken on the oversight role.

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

A few 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: Domestic NGOs largely supplanted government ministries on human rights issues. By law the governmental National Commission for Human Rights and Liberties is mandated to investigate human rights abuses and to make recommendations to concerned authorities.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions of their choice without previous authorization or excessive requirements. It provides for the right to strike but requires an eight-day notification period and a declaration of the reason for the strike and its duration. Civil servants must provide 15 days’ notice. The law includes a mandatory conciliation process for resolving labor disputes with recourse to the courts. Unions have the right to bargain collectively.

The law allows unions to conduct their activities without government interference. The law does not prohibit antiunion discrimination by employers in hiring practices or other employment functions. Worker organizations are independent of the government and political parties. There are no laws protecting strikers from retribution. The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Penalties for violations, including ordering employers to pay indemnities and damages to the employee, were sufficient to deter violations but were seldom applied. Labor disputes may be brought to the attention of the Labor Tribunal.

Workers exercised their labor rights, and strikes occurred in the public sector (education, workers at the port of Anjouan, health, and road transport). There were no reports of retribution against strikers. Common problems included failure to pay salaries regularly or on time, mostly in the government sector, and unfair and abusive dismissal practices, such as dismissing employees without giving proper notice or paying the required severance pay. There were reported incidents of antiunion discrimination during the year.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, with certain exceptions for military service, community service, and during accidents, fires, and disasters. During times of national emergency, the government’s civil protection unit may compel persons to assist in disaster recovery efforts if it is unable to obtain sufficient voluntary assistance. The labor code prohibits forced child labor, with specific antitrafficking provisions. The law requires prisoners awaiting trial to work.

The government did not consistently enforce the law. Resources, inspections, and remediation were inadequate. Penalties were not sufficient to deter violations. The government did not make tangible efforts to prosecute traffickers and protect victims.

The government did not identify any cases of adult forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law establishes 15 as the minimum age for employment, and 18 as the minimum age for hazardous work.

Labor inspectors were responsible for monitoring all potential violations of labor law and did not focus only on child labor cases. Regulations permit light apprentice work by children younger than 15 if it does not hinder the child’s schooling or physical or moral development. The labor code, however, does not specify the conditions under which light work may be conducted or limit the number of hours for light work, as defined by international child labor standards. In accordance with the labor code, labor inspectors may require the medical examination of a child by an accredited physician to determine if the work assigned to a child is beyond his or her physical capacity. Children may not be kept in employment deemed beyond their capacity. If suitable work cannot be assigned, the contract must be nullified and all indemnities paid to the employee.

The labor code identifies hazardous work where child labor is prohibited, including the worst forms of child labor. Child labor infractions are punishable by fines and imprisonment. The government did not enforce the law. The Ministry of Labor is responsible for enforcing child labor laws, but it did not do so actively or effectively. Penalties for violations were not sufficient to deter violations. Child labor laws and regulations do not provide children working in unpaid or noncontractual work the same protections as children working in contractual employment. Children worked in subsistence farming, fishing, and extracting and selling sand. Children worked in growing subsistence food crops such as manioc and beans and in the cultivation of cash crops such as vanilla, cloves, and ylang-ylang (a flower used to make perfume). Some children worked under forced labor conditions, primarily in domestic service and family-based agriculture and fishing. Some Quranic schools arranged for indigent students to receive lessons in exchange for labor that sometimes was forced. Some families placed their children in the homes of wealthier families where they worked in exchange for food, shelter, or educational opportunities.

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

d. Discrimination with Respect to Employment and Occupation

The law provides for equality of persons without regard to gender, creed, belief, origin, race, or religion The law forbids employers from discriminating on the basis of race, skin color, sex, religion, political opinion, national ancestry, social origin, or actual or presumed state of health (such as HIV/AIDS). The law does not address sexual orientation. In rural areas women tended to be relegated to certain types of work, and the UN Development Program reported women were underrepresented in leadership roles. There were no official reports of discrimination, however.

e. Acceptable Conditions of Work

A committee called the Labor Collective–consisting of representatives of unions, employers, and the Ministry of Labor–met periodically regarding an enforceable national minimum wage. The existing minimum wage is only a guideline. The law provides for a 40-hour workweek, except in the agriculture sector, where it sets the maximum hours of work at 2,400 per year (equivalent to 46 hours per week). The minimum weekly rest period is set at 24 consecutive hours. The law provides for paid annual leave accumulated at the rate of 2.5 days per month of service. There are no provisions to prohibit compulsory overtime; overtime is determined through collective bargaining. There are no sectors or groups of workers excluded from these laws within the formal sector, but the law does not apply to the informal sector, estimated to include 73 percent of workers. The official estimate for the poverty income level is less than prevailing minimum wages.

The government, specifically the Ministries of Finance and Labor, sets wages in the large public sector and imposes a minimum wage in the small, formal private sector. Although the unions, national government, and local governments did not enforce the minimum wage law and workweek standards, unions had adequate influence to negotiate minimum wage rates for different skill levels for unionized jobs. These provisions applied to all workers, regardless of sector or country of origin. Unions promoted this de facto minimum wage via their ability to strike against employers.

The government did not effectively enforce the law. Penalties were not sufficient to deter violations. There were four labor inspectors (two on Grande Comore and one each on Anjouan and Moheli), but they did not have enough resources to perform their duties. The number of labor inspectors was insufficient to enforce compliance.

The labor code includes a chapter on occupational safety and health requirements, but these were seldom enforced. Fishing was considered the most hazardous work. Mostly self-employed, fishermen worked from often unsafe canoes. There was no credible information on the number of occupational accidents. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. There were no known industrial accidents, although fishermen and fisherwomen died while fishing in rough seas from small boats.

Côte d’Ivoire

Executive Summary

Cote d’Ivoire is a democratic republic governed by a president freely elected in 2015. Parliamentary elections held in 2016 were peaceful and considered inclusive and transparent, as were the country’s first-ever senatorial elections in March. Municipal and regional elections in October 2018, however, were marred by four elections-related deaths and numerous irregularities during the campaign period and on election day. Special elections in December 2018 were also marred by violence and allegations of fraud, despite the significant presence of security forces and international observers.

In August a cabinet reshuffle resulted in the division of functions previously managed by the Ministry of Interior and Security and the related establishment of a new Ministry of Security and Civil Protection and Ministry of Territorial Administration and Decentralization. The National Police (under the new Ministry of Security and Civil Protection) and National Gendarmerie (under the Ministry of Defense) are responsible for domestic law enforcement. The Coordination Center for Operational Decisions, a mixed unit of police, gendarmerie, and Armed Forces of Cote d’Ivoire (FACI) personnel, assisted police in providing security in some large cities. The FACI (under the Ministry of Defense) is responsible for national defense. The Directorate of Territorial Surveillance (DST), under the Ministry of Security and Civil Protection, is responsible for countering external threats. Military police and the military tribunal are responsible for investigating and prosecuting alleged internal abuses perpetrated by members of the security services. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included arbitrary killings by police; arbitrary detention by security forces; harsh prison conditions; politically motivated imprisonment; lack of independence of the judiciary; restrictions on free expression, press, and internet; impediments to the rights of peaceful assembly and association; crimes of violence against women and girls, which the government took little action to prosecute; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and child labor.

The government did not always take steps to prosecute officials who committed abuses, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech and press, but the government restricted both rights. The National Press Authority, the government’s print media regulatory body, briefly suspended or reprimanded newspapers and journalists for statements it contended were false, libelous, or perceived to incite xenophobia and hate.

Freedom of Expression: The law prohibits incitement to violence, ethnic hatred, rebellion, and insulting the head of state or other senior members of the government. In January an opposition member of parliament was charged with the dissemination of false information and incitement to revolt via a tweet and was sentenced to one year in jail and a fine of 300,000 CFA francs ($500). In February an appeals court changed the verdict to a six-month suspended sentence.

Press and Media, Including Online Media: The independent media were active and expressed a wide variety of views. The law bans “detention of journalists in police custody, preventive detention, and imprisonment of journalists for offense committed by means of press or by others means of publication.” The law, however, provides “fines ranging from one million to three million CFA francs ($1,700 to $5,000) for anybody found guilty of committing offenses by means of press or by others means of publication.” Newspapers aligned politically with the opposition frequently published inflammatory editorials condemning the government or fabricated stories to defame political opponents. The High Audiovisual Communications Authority (HACA) oversees the regulation and operation of radio and television stations. Opposition groups and civil society criticized the government’s control over the main state-owned television station, claiming it does not allow opposition views to be broadcast. There were numerous independent radio stations. The law prohibits transmission of political commentary by community radio stations, but the regulation authority allows community radio stations to run political programs if they employ professional journalists.

In May, one local press watchdog organization said there was very little independent press in the country since most media outlets were directly reliant on political parties or politicians for funding.

Violence and Harassment: According to an August report by Amnesty International, 14 activists had been arrested since the beginning of the year in a crackdown on dissenting voices.

In April a journalist was summoned and questioned by Abidjan police for four hours after contacting an activist campaigning against the Central Bank of West African States’ common currency used in the country, the West African CFA franc.

Censorship or Content Restrictions: The government influenced news coverage and program content on television channels and public and private radio stations. In June the HACA censored a documentary film on child labor in the cocoa industry produced by a French media outlet. Although set to air, the station instead displayed a blank screen. Journalists with the state-owned media regularly exercised self-censorship to avoid sanctions or reprisals from government officials. NGOs reported legal intimidation had a chilling effect on media coverage of certain topics.

Libel/Slander Laws: Libel deemed to threaten the national interest is punishable by six months to five years in prison.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government sometimes restricted the freedom of peaceful assembly.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law do not specifically provide for freedom of movement, foreign travel, emigration, or repatriation, but the government generally respected these rights.

In-country Movement: There were reports of impediments to internal travel. Security forces and unidentified groups erected and operated roadblocks, primarily along secondary roads outside of Abidjan. Although some roadblocks served legitimate security purposes, racketeering and extortion were common. FACI occupied some checkpoints at border crossings, but fewer than in previous years. Discrimination against perceived foreigners and descendants of Burkinabe migrants, including difficulty obtaining nationality and identity documentation, remained an obstacle to free movement of stateless persons and those at risk of statelessness in the country.

f. Protection of Refugees

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

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

Durable Solutions: Refugee documents allowed refugees to move freely in the country, with refugees younger than age 14 included on their parents’ documents. Refugees also had access to naturalization, although UNHCR reported many refugees had been in the naturalization process for more than five years.

Temporary Protection: The government also provided temporary protection for individuals who no longer qualified as refugees under the relevant UN conventions. Persons awaiting status determination received a letter, valid for three months, indicating they were awaiting a decision on their status. The letter provided for temporary stay and freedom of movement only. Holders of the letter did not qualify for refugee assistance such as access to education or health care.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Human rights organizations reported significant official corruption, with corruption in the judiciary, police, and security forces being areas of particular concern. Many members of the security forces, including senior army officers, continued to engage in racketeering and extortion to profit from the illicit exploitation of natural resources. In September the head of the High Authority for Good Government (HABG), a government anticorruption authority, issued a communique in which he announced measures to end unauthorized charges for the delivery of administrative documents. Civil society groups and government officials reported the HABG was not empowered to act independently or to take decisive action to tackle corruption. The HABG can make recommendations, but the public prosecutor must decide to take up a case.

A government ministry said it reinforced and decentralized its Office of the Inspector General to facilitate more expeditious internal investigation procedures. The government also facilitated international training of Ivoirian magistrates to counteract money laundering.

Corruption: NGOs reported government authorities awarded many large contracts to persons or businesses with close connections to the executive branch. Since neither the proposals nor the contracts were made public, civil society organizations questioned the fairness and transparency of the procurement process.

In July, following a West African Economic and Monetary Union recommendation, the government endorsed a new public procurement code to increase the transparency of the public procurement process.

Financial Disclosure: A presidential decree requires the head of state, ministers, heads of national institutions, and directors of administration to disclose their income and assets. Since 2015 the HABG requires public officials to submit a wealth declaration within 30 days of the beginning of their term in office. The declaration was confidential, but the list of those who declared their wealth was publicly accessible in the official government journal. Officials who did not comply or provided a false declaration faced fines equal to six months of their salary. The procedures for reviewing the declaration of assets were not included in the implementing decree. The law requires the HABG to retain declarations of assets for at least 10 years.

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

A number of international and domestic human rights groups operated in the country, investigating and publishing their findings on human rights cases. Government officials met with some of those groups, sometimes at very senior levels. While the government was somewhat cooperative and responsive to their views, depending on the topic or case, it was at other times defensive about more sensitive topics.

The United Nations or Other International Bodies: The government accepted 181 of the 186 recommendations in the report of the third cycle of the Universal Periodic Review of the UN Human Rights Council, which was published in May.

Government Human Rights Bodies: The Ministry of Justice and Human Rights is responsible for implementing and monitoring the government’s policy on human rights, but it was neither adequately funded nor effective. In January the National Commission for Human Rights became the National Council for Human Rights (CNDH), a change intended to provide the CNDH with more financial and operational autonomy as an advisory body that consults on, conducts evaluations of, and creates proposals to promote and defend human rights. Nevertheless, the organization remained fully dependent on funding from the government. The CNDH inherited the UN Operation in Cote d’Ivoire (UNOCI’s) human rights mandate upon UNOCI’s departure in 2017 but acknowledged it did not have UNOCI’s resources or its autonomy. As of October the CNDH had 31 regional commissions and seven thematically focused departments. The civilian-controlled Special Investigative Cell (Special Cell) within the Ministry of Justice and Human Rights was established in 2011 to investigate and try those responsible for human rights abuses committed during the postelectoral crisis. The Special Cell issued a number of indictments, although the government did not take steps to initiate trials against any of those indicted. The Special Cell has an indefinite mandate.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the right of workers, except members of police and military services, to form or join unions of their choice, provides for the right to conduct legal strikes and bargain collectively, and prohibits antiunion discrimination by employers or others against union members or organizers. The law prohibits firing workers for union activities and provides for the reinstatement of dismissed workers within eight days of receiving a wrongful dismissal claim. The law allows unions in the formal sector to conduct their activities without interference. Worker organizations were independent of the government and political parties. According to the International Trade Union Confederation, the law does not have any objective criteria to establish recognition of representative trade unions, which could allow public and private employers to refuse to negotiate with unions on the grounds they were not representative. Foreigners are required to obtain residency status, which takes three years, before they may hold union office.

The law requires a protracted series of negotiations and a six-day notification period before a strike may take place, making legal strikes difficult to organize and maintain. Workers must maintain a minimum coverage in services whose interruption may endanger the lives, security, or health of persons; create a national crisis that threatens the lives of the population; or affect the operation of equipment. Additionally, if authorities deem a strike to be a threat to public order, the president has broad powers to compel strikers to return to work under threat of sanctions. Striking workers may legally be subjected to criminal penalties, including forced labor. The president also may require that strikes in essential services go to arbitration, although the law does not describe what constitutes essential services.

Apart from large industrial farms and some trades, legal protections excluded most laborers in the informal sector, including small farms, roadside street stalls, and urban workshops.

Before collective bargaining can begin, a union must represent 30 percent of workers. Collective bargaining agreements apply to employees in the formal sector, and many major businesses and civil-service sectors had them. Although the labor code may allow employers to refuse to negotiate, there were no such complaints from unions pending with the Ministry of Employment and Social Protection.

Media reported three teachers in Bouake, the second largest city, were injured in February when unidentified persons attacked members of a teachers’ union and burned motorbikes belonging to the teachers.

There were no complaints pending with the Ministry of Employment and Social Protection of antiunion discrimination or employer interference in union functions.

In February teachers from public primary and secondary schools and one university went on a two-month strike to claim better pay and working conditions. As a result two university teachers were jailed for public disorder and released two weeks later. Others were facing disciplinary actions at year’s end.

b. Prohibition of Forced or Compulsory Labor

The constitution explicitly prohibits human trafficking, including forced labor and child labor. The law criminalizes all forms of human trafficking, including for the purposes of forced labor or slavery, and the worst forms of child labor. The law grants government officials the broad power of requisitioning labor for “national economic and social promotion,” in violation of international standards. The government engages in forced prison labor, and the law allows for forced labor for political prisoners.

The government did not effectively enforce the law. The government did not provide enough resources or conduct enough inspections to deter violations. Forced and compulsory labor continued to occur in small-scale and commercial production of agricultural products, particularly on cocoa, coffee, pineapple, cashew, and rubber plantations, and in the informal labor sector, such as domestic work, nonindustrial farm labor, artisanal mines, street shops, and restaurants. Children were subjected to forced begging and participation in drug 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

The minimum age for employment is 16 years although the minimum age for apprenticeships is 14. The minimum age for hazardous work is 18 years. Minors younger than age 18 may not work at night. Although the law prohibits the exploitation of children in the workplace, the Ministry of Employment and Social Protection did not enforce the law effectively outside the civil service and large national and multinational companies.

The National Monitoring Committee on Actions to Fight Trafficking, Exploitation, and Child Labor (CNS), chaired by First Lady Dominique Ouattara, and the Interministerial Committee for the Fight against Trafficking, Exploitation, and Child Labor (CIM) are responsible for assessing government and donor actions on child labor.

The law prohibits child trafficking and the worst forms of child labor. The government took active steps to address the worst forms of child labor. The government worked on implementing its 2018-2020 National Action Plan against Trafficking, Exploitation, and Child Labor, and strengthened its National Child Labor Monitoring System. This program was launched in 2013 as a pilot in several departments to enable communities to collect and analyze statistical data on the worst forms of child labor and to monitor, report, and coordinate services for children involved in or at risk of child labor. Beginning in 2014 the government implemented stricter regulations on the travel of minors to and from the country, requiring children and parents to provide documentation of family ties, including at least a birth certificate. In late 2016 basic education became compulsory for children six to 16, increasing school attendance rates and diminishing the supply of children looking for work.

The Department of the Fight against Child Labor within the Ministry of Employment and Social Protection, CNS, and CIM led enforcement efforts. The government’s 2018-2020 National Action Plan calls for efforts to improve access to education and health care for children, and income-generating activities for their families, as well as nationwide surveys, awareness campaigns, and other projects with local NGOs to highlight the dangers associated with child labor. The First Lady’s NGO, Children of Africa, in partnership with the government, operated a shelter for child victims of trafficking and forced labor in the central-west region of the country. The government engaged in partnerships with the International Labor Organization, UNICEF, and the International Cocoa Initiative to implement these measures.

The List of Light Work Authorized for Children Between 13 to 16 Years of Age introduces and defines the concept of “socializing work,” unpaid work that teaches children to be productive members of the society. In addition the list states that a child cannot perform any work before 7 a.m. or after 7 p.m. or during regular school hours, that light work should not exceed 14 hours a week, and that it should not involve more than two hours on a school day or more than four hours a day during vacation.

The government did not effectively enforce the law. Child labor remained a problem, particularly in artisanal gold and diamond mines, agricultural plantations (generally small plots), and domestic work. Within agriculture, the worst forms of child labor were particularly prevalent in the cocoa and coffee sectors. Inspections during the year did not result in investigations into child labor crimes. Penalties were seldom applied and were not a deterrent to violations. The number of inspectors and resources for enforcement were insufficient to enforce the law.

Children routinely worked on family farms or as vendors, shoe shiners, errand runners, domestic helpers, street restaurant vendors, and car watchers and washers. Some girls as young as nine years old reportedly worked as domestic servants, often within their extended family networks. Children in rural areas continued to work on farms under hazardous conditions, including risk of injury from machetes, physical strain from carrying heavy loads, and exposure to harmful chemicals. According to international organizations, child labor was noticed increasingly on cashew plantations and in illegal gold mines, although no official studies had been conducted.

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

d. Discrimination with Respect to Employment and Occupation

The constitution provides for equal access to public or private employment and prohibits any discrimination in access to or in the pursuit of employment on the basis of sex, ethnicity, or political, religious, or philosophical opinions.

The law does not prohibit discrimination based on sexual orientation. The law specifically prohibits workplace discrimination based on HIV/AIDS status but does not address other communicable diseases. The labor code includes provisions to promote access to employment for persons with disabilities. It stipulates that employers must reserve a quota of jobs for qualified applicants. The law does not provide for penalties for employment discrimination.

The government did not effectively enforce the law. Human rights organizations continued to report discrimination with respect to gender, nationality, persons with disabilities, and LGBTI persons. While women in the formal sector received the same pay and paid the same taxes as men, reports of a reticence to hire women persisted. The government updated its labor laws to prevent women from doing certain jobs deemed “work that exceeds the ability and physical capacity of women, or work that presents dangers which are likely to undermine their morality, for example, working underground or in the mines.” The government indicated that if a woman wanted to carry out any of the work on the “prohibited list,” she needed to contact an inspector at the Ministry of Labor.

While the law provides the same protections for migrant workers in the formal sector as it does for citizens, most faced discrimination in terms of wages and treatment.

e. Acceptable Conditions of Work

The minimum wage varied by sector. The minimum wage in all sectors exceeded the government estimate for the poverty income level. The Ministry of Employment and Social Protection is responsible for enforcing the minimum wage. The government did not effectively enforce the law. Labor unions contributed to effective implementation of the minimum salary requirements in the formal sector. Approximately 85 percent of the total labor force was in the informal economy, in which labor law is not uniformly enforced. Labor federations attempted to fight for just treatment under the law for workers when companies failed to meet minimum salary requirements or discriminated between classes of workers, such as women or local versus foreign workers. The government started paying back wages based on a 2017 labor agreement reached with public-sector unions.

The law does not stipulate equal pay for equal work. There were no reports authorities took action to rectify the large salary discrepancies between foreign non-African employees and their African colleagues employed by the same companies.

The standard legal workweek is 40 hours. The law requires overtime pay for additional hours and provides for at least one 24-hour rest period per week. The law does not prohibit compulsory overtime.

The law establishes occupational safety and health standards in the formal sector, while the informal sector lacks regulation. The law provides for the establishment of a committee of occupational, safety, and health representatives responsible for verifying protection and worker health at workplaces. Such committees are to be composed of union members. The chair of the committee could report unhealthy and unsafe working conditions to the labor inspector without penalty. By law workers in the formal sector have the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment. They may utilize the inspection system of the Ministry of Employment and Social Protection to document dangerous working conditions. Authorities effectively protected employees in this situation. These standards do not apply in the informal sector. The law does not cover several million foreign migrant workers or workers in the informal sector, who accounted for 70 percent of the nonagricultural economy.

The government did not effectively enforce the law. Human rights organizations reported numerous complaints against employers, such as improper dismissals, uncertain contracts, failure to pay the minimum wage, and the failure to pay employee salaries. The failure to enroll workers in the country’s social security program and pay into it the amount the employer has deducted from the worker’s salary was also a problem. The government did not devote adequate resources or conduct adequate inspections to enforce applicable laws in the formal sector. Penalties for violations were insufficient to deter violations. Administrative judicial procedures were subject to lengthy delays and appeals.

The government enforced labor protections only for salaried workers employed by the government or registered with the social security office. Penalties were insufficient to deter violations. The Ministry of Employment and Social Protection employed insufficient labor inspectors to enforce the law effectively. Labor inspectors reportedly accepted bribes to ignore violations. While the law requires businesses to provide medical services for their employees, small firms, businesses in the informal sector, households employing domestic staff, and farms (particularly during the seasonal harvests) did not comply. Excessive hours of work were common, and employers rarely recorded and seldom paid overtime hours in accordance with the law. In particular, employees in the informal manufacturing sector often worked without adequate protective gear. Human rights organizations reported that working conditions in illegal gold mines remained very poor, including lack of fencing around mines, as well as large detonations and resulting deadly mudslides. According to a report released in April, there were 6,000 industrial accidents between 2015 and 2017, the most recent data available. According to government officials, the San Pedro region had an average of 400 industrial accidents per year over the past three years due to insufficient safety oversight.

Democratic Republic of the Congo

Executive Summary

The Democratic Republic of the Congo is a centralized constitutional republic. Voters popularly elect the president and the lower house of parliament (National Assembly). Following a two-year delay, presidential, legislative, and provincial elections were held on December 30, 2018; however, presidential elections were cancelled in Beni and Butembo, nominally due to an ongoing Ebola outbreak and security concerns, and in Yumbi because of intercommunal violence. Legislative and provincial elections in those regions were held in March. On January 10, the National Independent Electoral Commission (CENI) declared Felix Tshisekedi the winner of the December 2018 presidential election. His electoral victory was confirmed by the Constitutional Court on January 20, and he was inaugurated on January 24. The 2018 election was marred by irregularities and criticized by some observers, including the Council of Bishops, who said the results did not match those of their observation mission. Many international actors expressed concern over the CENI decision to deny accreditation to several international election observers and media representatives. Some persons questioned the final election results due to press reports of unverified data leaked from unnamed sources alleging opposition candidate Martin Fayulu received the most votes. The election aftermath was calm, with most citizens accepting the outcome. The January 24 inauguration of President Felix Tshisekedi was the first peaceful transfer of power in the country’s history. On August 26, the president’s Course for Change (CACH) political alliance entered into a power-sharing agreement to form a government with former president Joseph Kabila’s Common Front for Congo (FCC) political coalition, which won an absolute majority in the National Assembly. Under the agreement, Tshisekedi’s CACH took 35 percent of ministerial posts, while Kabila’s FCC took 65 percent.

The primary responsibility for law enforcement and public order lies with the Congolese National Police (PNC), which operates under the Ministry of the Interior. The National Intelligence Agency (ANR), overseen by the presidency, is responsible for internal and external intelligence. The Armed Forces of the Democratic Republic of the Congo (FARDC) and the military intelligence service operate under the control of the Ministry of Defense and are primarily responsible for external security but in reality focus almost exclusively on internal security. The FARDC suffered from weak leadership, poor operational planning, low administrative and logistical capacity, lack of training, and questionable loyalty of some of its soldiers, particularly in the east. The presidency oversees the Republican Guard (RG), and the Ministry of Interior oversees the Directorate General for Migration, which, together with the PNC, are responsible for border control. Civilian authorities did not always maintain control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government; forced disappearances by the government; torture by government; arbitrary detention by the government; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests of journalists, censorship, internet blackouts, and criminal libel; interference with the rights of peaceful assembly and freedom of association; some restrictions on citizens’ right to change their government through democratic means; serious acts of corruption by the government; trafficking in persons; violence against women and children due in substantial part to government negligence; crimes involving violence or threats of violence targeting persons with disabilities, members of national/ethnic/racial minorities, or indigenous people; and crimes involving violence or threat of violence targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and forced labor, including by children.

Impunity for human rights violations and abuses was a problem. Despite the occurrence of some notable trials of military officials, authorities often did not investigate, prosecute, or punish officials who committed abuses, whether in the security forces or elsewhere in the government.

Government security forces, as well as illegal armed groups (IAGS), continued to commit abuses, primarily in the east and the Kasai region. These abuses included unlawful killings, disappearances, torture, destruction of government and private property, and sexual and gender-based violence. IAGs also recruited, abducted, and retained child soldiers and forced labor. The government took military action against some IAGs but had limited ability to investigate abuses and bring the accused to trial (see section 1.g.).

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of speech, including for the press, but the government did not always respect this right. The press frequently and openly criticized public officials and public policy decisions. Individuals generally could criticize the government, its officials, and other citizens in private without being subject to official reprisals. Public criticism, however, of government officials and corruption sometimes resulted in intimidation, threats, and arrest. Provincial-level governments also prevented journalists from filming or covering some protests. Through June 30, the UNJHRO documented human rights abuses against at least 85 journalists. On May 3, President Tshisekedi was the first head of state from the country to take part in World Press Freedom Day in Kinshasa, declaring the government’s commitment to promote freedom of the press.

Freedom of Expression: The law prohibits insulting the head of state, malicious and public slander, and language presumed to threaten national security. Authorities sometimes intimidated, harassed, and detained journalists, activists, and politicians when they publicly criticized the government, president, or SSF. On April 9, Radio Television Nsanga in Kasai Province was stormed by nine armed PNC officers on orders of the director of the local telecommunication authority. Journalists were ordered to abruptly interrupt broadcasting and leave the premises. The previous day agents from the telecommunication authority had asked the station to pay 338,000 Congolese francs ($200) in tax without explaining why. Plainclothes and uniformed security agents allegedly monitored political rallies and events.

Press and Media, Including Online Media: The law mandates the High Council for the Audiovisual and Communications to provide for freedom of the press and equal access to communications media and information for political parties, associations, and citizens. A large and active private press functioned in Kinshasa and in other major cities, and the government licensed a large number of daily newspapers. Radio remained the principal medium of public information due to limited literacy and the relatively high cost of newspapers and television. The state owned three radio stations and three television stations, and the former president’s family owned two additional television stations. Government officials, politicians, and to a lesser extent church leaders, owned or operated the majority of media outlets.

The government required newspapers to pay a one-time license fee of 250,000 Congolese francs ($150) and complete several administrative requirements before publishing. Broadcast media were also subject to a Directorate for Administrative and Land Revenue advertisement tax. Many journalists lacked professional training, received little or no set salary, could not access government information, and exercised self-censorship due to concerns of harassment, intimidation, or arrest.

In November local NGO Journalists in Danger (JED) reported 85 cases of attacks on media from November 2018 to October and attributed 25 percent of these attacks to state security forces. JED reported the number of attacks on media decreased by approximately 30 percent from 2018. JED reported 16 cases of arrests of journalists, a 70 percent decline from the previous year, including several who remained in detention for more than the legal limit of 48 hours without being charged. JED reported 41 instances of authorities preventing the free flow of information, as well as efforts to subject journalists to administrative, judicial, or economic pressure. At year’s end the government had not sanctioned or charged any perpetrator of press freedom violations.

On March 20, Flavien Rusaki, a journalist and owner of the news outlet Tokundola, which broadcasts on several television stations in Kinshasa, was assaulted by activists from the Union for Democracy and Social Progress (UDPS) political party outside its headquarters in Kinshasa. Rusaki was accompanying opposition figure Franck Diogo, who had just been released from prison following President Tshisekedi’s amnesty order, and was en route to UDPS party headquarters to show his support for the president. UDPS supporters accused Rusaki as a supporter of defeated presidential candidate Martin Fayulu and attacked him.

Violence and Harassment: Local journalists were vulnerable to intimidation and violence by the SSF. JED reported that on August 1, a FARDC soldier assaulted Frank Masunzu, a journalist for Radio Pole FM, in Masisi Territory of North Kivu Province, while trying to interview victims of alleged FARDC abuses.

Censorship or Content Restrictions: While the High Council for Audiovisual and Communications is the only institution with legal authority to restrict broadcasts, the government, including the SSF and provincial officials, also exercised this power.

Media representatives reported they were pressured by provincial government authorities not to cover events organized by the opposition or news concerning opposition leaders.

On June 29, the government forced Radio Television by Satellite (RTVS1), a media company owned by opposition leader Adolphe Muzito, to shut down, allegedly for tax arrears after it broadcast a message encouraging participation in a banned protest. This was the first such instance of forced media closure since President Tshisekedi took office, and the timing was seen as deliberate. The government did not reestablish RTVS1’s signal until August 1. On September 4, JED reported approximately 30 media outlets were closed throughout the country.

Libel/Slander Laws: The national and provincial governments used criminal defamation laws to intimidate and punish critics. On March 1, Radio Television Sarah journalist Steve Mwanyo Iwewe was sentenced by a provincial criminal court to 12 months in prison and a fine of 338,000 Congolese francs ($200) for insulting the governor of Equateur Province. Governor Bobo Boloko Bolumbu ordered Iwewe’s arrest on February 27 after he refused to stop filming a protest by employees of the local environmental department. Iwewe was freed on March 30 after successfully appealing his case. He reported that he was “brutally beaten by the governor’s bodyguards” during his arrest.

Local media reported that on August 1, Michel Tshiyoyo, a journalist for Radio Sozem in Kasai Central Province, was arrested over a social media post in which he discussed a dispute between two regional politicians. Martin Kubaya, the provincial governor, alleged the Facebook post was “hate speech.” On August 23, Tshiyoyo was sentenced to two years in prison. The Congolese National Press Union said Tshiyoyo had not committed any violations and called for his release. As of November he was still in prison.

National Security: The national government used a law that prohibits anyone from making general defamatory accusations against the military to restrict free speech.

Nongovernmental Impact: IAGs and their political wings regularly restricted press freedom in the areas where they operated.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government sometimes restricted these rights.

Several high-profile opposition figures were allowed to return to the country after years in self-imposed exile. In April the government annulled a prison sentence in absentia for politician Moise Katumbi, enabling him to safely return in May for the first time in three years. Similarly, Antipas Mbusa Nyamwisi, another opposition politician, was granted a passport in May, allowing him to return to the country after more than a year in exile.

In-country Movement: The SSF established barriers and checkpoints on roads and at airports and markets, both for security reasons and to track movement related to the Ebola outbreak. The SSF routinely harassed and extorted money from civilians for supposed violations, sometimes detaining them until they or a relative paid. The government required travelers to submit to control procedures at airports and ports during domestic travel and when entering and leaving towns. IAGs engaged in similar activity in areas under their control, routinely extorting civilians at checkpoints and holding them for ransom.

Local authorities continued to collect illegal taxes and fees for boats to travel on many parts of the Congo River. There also were widespread reports FARDC soldiers and IAG combatants extorted fees from persons taking goods to market or traveling between towns (see section 1.g.).

The SSF sometimes required travelers to present travel orders from an employer or government official, although the law does not require such documentation. The SSF often detained and sometimes exacted bribes from individuals traveling without orders.

Foreign Travel: Because of inadequate administrative systems, passport issuance was irregular. Officials accepted bribes to expedite passport issuance, and there were reports the price of fully biometric passports varied widely.

f. Protection of Refugees

As of August 31, UNHCR reported 538,706 refugees in the country, primarily from seven adjacent countries, of whom 216,018 were from Rwanda. Of the refugees in the country, 63 percent were children.

Abuse of Migrants, Refugees, and Stateless Persons: Continuing conflict in North Kivu, Ituri, and Tanganyika Provinces harmed refugees and IDPs in the regions, with attacks often resulting in deaths and further displacement. UNHCR reported Rwandan refugees in the Masisi Territory of North Kivu were subject to cyclical displacement as a result of FARDC and IAG operations and were forced to relocate to South Kivu.

The government occasionally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. In Bunia, Ituri Province, local authorities granted land for a new IDP site after UNHCR raised concerns the site hosting 11,000 IDPs near the city’s hospital during an Ebola outbreak was unfit.

In August the national government provided 422 million Congolese francs ($250,000) each to the governors of Kasai and Kasai Central to provide protection and transportation assistance to an estimated 6,000 to 10,000 returnees from Angola. Both governors worked with UNHCR, the World Food Program, Doctors Without Borders, and other international partners to facilitate the repatriation.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government established a rudimentary system for providing protection to refugees. The system granted refugee and asylum status and provided protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

As of August 31, there were 10,144 asylum seekers in the country. The government cooperated with UNHCR and other humanitarian organizations in assisting refugees and asylum seekers with welfare and safety needs. The government assisted in the safe, voluntary return of refugees to their homes by allowing their entry into the country and facilitating immigration processing. In establishing security mechanisms, government authorities did not treat refugees differently than citizens.

Durable Solutions: On July 5, the government signed a tripartite agreement with the Central African Republic (CAR) and UNHCR, allowing CAR refugees to return home. At least 4,000 CAR refugees expressed their intention to return home. In November, 396 refugees returned to CAR from the northern part of the country in the first repatriation convoy.

The country did not invoke the cessation clause effective in 2013 for Rwandan refugees who fled Rwanda before the end of 1998. In 2016 the government joined other refugee-hosting countries and UNHCR to commit to facilitating repatriation of Rwandans from countries of asylum. To implement the tripartite agreement from 2014, the National Commission on Refugees and UNHCR began in 2016 the process of biometrically registering Rwandan refugees who opted to remain in the country. Refugees received long-term, renewable permits to remain in the country. The program included a path to citizenship. Conflict impeded the process in North Kivu, where most of the refugees were located. UNHCR continued to support voluntary repatriation, and between January and August it assisted in repatriating 1,088 Rwandan refugees.

Temporary Protection: The government provided temporary protection to an undetermined number of individuals who may not qualify as refugees (see section 1.g.).

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

Corruption: Corruption by officials at all levels as well as within state-owned enterprises continued to deprive state coffers of hundreds of millions of dollars per year.

On July 11, President Tshisekedi stated the country would no longer tolerate “yesterday’s untouchable corrupters,” and he pledged to launch a national anticorruption awareness campaign. Of residents, 80 percent said they had to pay bribes to secure public goods and services such as police protection, water, birth certificates, and identification cards. The survey, conducted from February to March 2018, showed that 82 percent of respondents believed the presidency under Kabila was the most corrupt institution in the country. In September, Vital Kamerhe, President Tshisekedi’s chief of staff, was accused of embezzling 15 million dollars from a state fund established to reimburse petroleum companies for a price freeze. As of October an investigation was underway.

Elements of the SSF were undisciplined and corrupt. PNC and FARDC units regularly engaged in illegal taxation and extortion of civilians. They set up checkpoints to collect “taxes,” often stealing food and money and arresting individuals who could not pay bribes.

Additional revenue losses were due to racketeering and exploitation of minerals in the east by certain FARDC elements and IAGs. Artisanal mining remained predominantly informal and illicit and strongly linked to both armed groups and certain elements of the FARDC. Artisanal mining products, particularly gold, were smuggled into Uganda and Rwanda, often with the connivance of government officials.

As of 2017 research by the NGO IPIS estimated 44 percent of artisanal mine sites in the east were free of illegal control or taxation from either elements of the SSF or IAGs, 38 percent were under the control of elements of the FARDC, and the remainder were under the control of various armed groups. In areas affected by conflict, both IAGs and elements of the SSF regularly set up roadblocks and ran illegal taxation schemes. In April, IPIS published data showing state agents regularly sold tags meant to validate clean mineral supply chains. The validation tags–a mechanism designed to reduce corruption, labor abuses, trafficking in persons, and environmental destruction–were regularly sold to smugglers.

In 2014 the government launched a mechanism to standardize supply-chain processes across the Great Lakes region for artisanally produced cassiterite (tin ore), wolframite (tungsten ore), and coltan (tantalum ore), the implementation of which continued during the year. On July 26, the government publicly launched an initiative alongside international and local partners to validate tin, tungsten, tantalum, and gold mine sites, verifying no armed groups benefited from mining activities. The 2018 mining code mandated membership in mining cooperatives for all artisanal miners and required accreditation to transform, transport, and conduct transactions in artisanal mining products.

In 2013 Kofi Annan’s Africa Progress Panel estimated the country lost $1.36 billion between 2010 and 2012 due to undervalued mining asset sales. In 2018 the NGO Global Witness reported more than 1.3 billion Congolese francs ($750 million) in payments by mining companies to tax agencies and state mining companies between 2013 and 2015 never reached the national treasury. Also in 2018 the Carter Center reported 1.2 trillion Congolese francs ($750 million) in unaccounted for mining revenues earned by the parastatal Gecamines from 2011 to 2014. This constituted more than two-thirds of the 1.75 trillion Congolese francs ($1.1 billion) in mining revenues earned by Gecamines during this period. During the first half of the year, attempts to reform Gecamines by President Tshisekedi were systematically blocked by the holdover Kabila-era appointee in the Ministry of Portfolio, the body responsible for managing state-owned companies.

A June report from the UNGOE found armed groups regularly financed their activities through illegal mining. The report documented cases of government officials involved in the illegal diversion of minerals. According to the report, in December 2018 Isidor Olamba Shoja, head of the Mining Police in North Kivu’s Sake town, accepted a bribe of two million Congolese francs ($1,200) for the release of a smuggler arrested with 373 pounds of illegal coltan. After releasing the prisoner, Shoja kept the coltan. The UNGOE reported Shoja diverted minerals from smuggling groups several times, and that as of June he was in detention. On March 21, two other police officers were arrested for accepting a bribe to facilitate mineral smuggling.

The UNGOE also reported the armed group NDC-R, which they described as a proxy force of the FARDC, financed its activities through the control of artisanal gold and coltan mining sites in North Kivu. In January the NDC-R started to collect monthly taxes of 1,000 Congolese francs ($0.60) per adult. Persons were beaten, fined, and detained if they could not prove they paid the tax. The group also subjected local communities to forced labor. Men in Kalembe, North Kivu Province, were forced to perform construction work in mines controlled by the group.

As in previous years, a significant portion of the country’s enacted budget (approximately 13 percent) included off-budget and special account allocations that were not fully published. These accounts facilitated graft by shielding receipts and disbursements from public scrutiny. The special accounts pertained to eight parastatal organizations that raised revenues that were not channeled through the government’s tax collection authorities. “Special accounts” are subjected to the same auditing procedures and oversight as other expenditures; however, due in large part to resource constraints, the Supreme Audit Authority did not always publish its internal audits, or in many cases published them significantly late. Under the Extractive Industries Transparency Initiative (EITI) standard of 2016, the government is required to disclose the allocation of revenues and expenditures from extractive companies. On June 16, the EITI board noted the country had made meaningful progress in its implementation of the 2016 standard but also expressed concern over persistent corruption and mismanagement of funds in the extractive sector.

Financial Disclosure: The law requires the president and ministers to disclose their assets to a government committee. The president and all ministers and vice ministers reportedly did so when they took office. The committee had yet to make this information public.

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

Elements of the SSF continued to kill, harass, beat, intimidate, and arbitrarily arrest and detain domestic human rights advocates and domestic NGO workers, particularly when the NGOs reported on or supported victims of abuses by the SSF or reported on the illegal exploitation of natural resources in the east. In September, Human Rights Watch’s lead analyst for the country, Ida Sawyer, was granted a visa, and returned for the first time in three years. Sawyer–one of the foremost experts on human rights in the country–had been blacklisted under the Kabila regime. She stated she was encouraged by the Tshisekedi administration’s commitment to real change. During the year the government declined to issue or renew visas for some international journalists and researchers. Representatives from the Ministry of Justice and the ANR met with domestic NGOs and sometimes responded to their inquiries.

The United Nations or Other International Bodies: The government cooperated at times with investigations by the United Nations and other international bodies but was not consistent in doing so. For example, the government refused to grant the United Nations access to certain detention centers, particularly at military installations such as military intelligence headquarters, where political prisoners were often detained. The government and military prosecutors cooperated with the UN team supporting investigations related to the 2017 killing of two UN experts, Michael Sharp and Zaida Catalan, in Kasai Central Province.

In August, FARDC Colonel Jean de Dieu Mambweni was formally charged in the killings of the two UN experts, leading to the creation of a higher-level military panel that was hearing the case against him as well as the other defendants, some of whom were being tried in a lower level military court since June 2017. As of August a number of key suspects remained at large, including Evariste Ilunga, one of the few suspects identified in the video of the killings, and several others who were part of a prison escape in Kasai Central Province in May.

On July 8, the ICC convicted Bosco Ntaganda of 18 counts of war crimes and crimes against humanity committed in Ituri between 2002 and 2003. Ntangada’s crimes included murder, rape, sexual slavery, and the use of child soldiers in the country. In 2004 the government requested the ICC investigate the situation. On November 7, the ICC sentenced Ntaganda to 30 years in prison for his crimes.

Government Human Rights Bodies: During the year the National Commission on Human Rights published reports on 2018 intercommunal violence in Yumbi Territory, the condition of prisons and other detention facilities, and insecurity due to poaching in Haut Lomami Province. It also visited detention centers, followed up on complaints of human rights violations from civilians, and held a meeting on the right to demonstrate. It continued to lack sufficient funding for overhead costs or to have full-time representation in all 26 provinces.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide all workers, including those in both the informal and formal sectors, except top government officials and SSF members, the right to form and join trade unions and to bargain collectively. The law also provides for the right of most workers to conduct legal strikes. It is against the law, however, for police, army, directors of public and private enterprises, and domestic workers to strike. The law gives administrative authorities the right to dissolve, suspend, or deregister trade union organizations. It also grants unions the right to conduct activities without interference, although it does not define specific acts of interference. In the private sector, a minimum of 10 employees is required to form a union within a business, and a single business may include members of more than one union. Foreigners may not hold union office unless they have lived in the country for at least 20 years. Collective bargaining requires a minimum of 10 union committee members and one employer representative; union committee members report to the rest of the workforce. In the public sector, the government sets wages by decree after holding prior consultations with unions. Certain subcategories of public employees, such as staff members of decentralized entities (towns, territories, and sectors), do not have the right under the law to participate in the wage-setting consultations.

Union committees are required to notify company management of a planned strike, but they do not need authorization to strike. The law stipulates unions and employers shall adhere to lengthy compulsory arbitration and appeal procedures before unions initiate a strike. Generally the committee delivers a notice of strike to the employer. If the employer does not reply within 48 hours, the union may strike immediately. If the employer chooses to reply, negotiations, which may take up to three months, begin with a labor inspector and ultimately continue in the Peace Court. Sometimes, employees provide minimum services during negotiations, but this is not a requirement. Unless unions notify employers of a planned strike, the law prohibits striking workers from occupying the workplace during a strike, and an infraction of the rules on strikes may lead to incarceration of up to six months with compulsory prison labor. This rule was not enforced, and no one was reported to have been imprisoned.

The law prohibits discrimination against union employees and requires employers to reinstate workers dismissed for union activities, but the associated penalties were not adequate to deter violations. The law considers those who have worked for a minimum of three continuous months as “workers” and thereby protected by relevant labor law. Unless they are part of a union, most workers in agricultural activities and artisanal mining, domestic and migrant workers, and workers in export-processing zones were unfamiliar with their labor rights and did not often seek redress when employers breached applicable labor laws.

The government recognizes 12 private-sector and public-enterprise unions at the national level. The public administration sector has a history of organizing, and the government negotiates with sector representatives when they present grievances or go on strike. Of the 15 national unions that represented the public administration sector, five accounted for the majority of the workers.

Workers exercised their right to strike. In January workers in the public and private sectors held a series of strikes over unpaid salaries. The new Tshisekedi administration invited workers’ representatives to negotiate and dismissed two directors of state-owned companies for their role in the embezzlement of workers’ salaries.

On February 26, police from Mbuji-Mayi, the capital of Kasai Oriental Province, went on strike over nonpayment of two months’ salary.

On July 31, magistrates in Kinshasa, Matadi, Lubumbashi, Mbandaka, and Uvira stopped judicial proceedings to protest working conditions and low salaries. Edmond Isofa, the president of the National Magistrates’ Union, said that low salaries were a major cause of corruption within the judicial system.

The government did not effectively enforce the law. In small and medium-sized businesses, workers could not effectively exercise the right to strike. Due to lax enforcement of labor regulations, companies and shops could immediately replace any workers attempting to unionize, bargain collectively, or strike with contract workers to intimidate the workers and prevent them from exercising their rights, despite legal protections. Antiunion discrimination was widespread, particularly in foreign-owned companies. In many instances, companies refused to negotiate with unions and negotiated individually with workers to undermine collective bargaining efforts.

Despite collective agreements on union dues, employers often did not remit union dues or did so irregularly.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. Penalties were insufficient to deter violations.

In cases of nonpayment of requisite and applicable taxes, the law allows for arrest and forced labor as a penalty to repay the tax debt. This had not been put into practice, however.

The government did not effectively enforce the law. There were reports forced labor, including forced child labor, regularly occurred throughout the country. Violations included bonded labor, domestic servitude, and slavery. In the artisanal mining sector, individuals took on debt from intermediaries and dealers to acquire food, supplies, and mining equipment, often at high interest rates. Miners who failed to provide sufficient ore to pay their debt were at risk of debt bondage. The government continued to try to formalize the artisanal mining sector but did not attempt to regulate the practice. In the east IAGs continued to abduct and forcibly recruit men, women, and children to serve as laborers, porters, domestic laborers, and combatants (see section 1.g.). In eastern mining regions, there were reports armed groups violently attacked mining communities and surrounding villages and held men, women, and children captive for trafficking, including forced labor and sexual exploitation. In North Kivu and South Kivu Provinces, some members of FARDC units and IAGs taxed or, in some cases, controlled mining activities in gold, coltan, wolframite, and cassiterite mines. There were no reports of FARDC units forcing persons to work in mines. IAGs sometimes forced local communities to perform construction work and other labor at mine sites. The government did not effectively enforce laws banning this practice.

Some police officers arrested individuals arbitrarily to extort money from them (see section 1.d.). There were reports in North and South Kivu Provinces of police forcing those who could not pay to work until they “earned” their freedom.

The government did not effectively enforce laws prohibiting forced or compulsory labor and took no action against those who used forced labor and abducted civilians for forced labor. The government did not report any official forced labor investigations, and there were no prosecutions. Little if any information existed on the removal of victims from forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government prohibits all of the worst forms of child labor. The law sets the minimum age for work at 16, and a ministerial order sets the minimum age for hazardous work at 18. The law also stipulates children may not work for more than four hours per day and restricts all minors from transporting heavy items. Penalties for conviction of violations for the worst forms of child labor were insufficient to deter violations.

The Ministry of Labor has responsibility for investigating child labor abuses but had no dedicated child labor inspection service. In 2016 the National Labor Committee adopted a new action plan to fight the worst forms of child labor, slated for implementation during the year; however, as of September it had not been implemented. Other government agencies responsible for combating child labor include the Ministry of Gender, Family, and Children; Ministry of Justice; Ministry of Social Affairs; and National Committee to Combat the Worst Forms of Child Labor. These agencies had no budgets for inspections and conducted no child labor investigations.

World Vision announced it had reduced exploitation and the worst forms of child labor for 1,380 children in the mining sites of North Katanga through the provision of vocational training and schooling opportunities.

While criminal courts continued to hear child labor complaints, neither the courts nor other government agencies effectively enforced these laws. The government did not allocate specific budgetary resources to the relevant ministries and the National Committee to Combat the Worst Forms of Child Labor.

While there was systematic government effort to redirect child labor away from artisanal mines, the government and the African Development Bank launched an $80 million project to provide alternative livelihoods for children engaged in the cobalt sector. The Ministry of Mines prohibits artisanal mines with child labor from exporting minerals; however, the ministry had limited enforcement capacity.

The government undertook a $2.5 million project to boost the capacity of labor inspectors to prevent children younger than age 18 from engaging in hazardous work in mines. The law prohibits violations of child labor laws in the mining sector and imposes fines in cases of violations.

Child labor, including forced child labor, was a problem throughout the country (see section 7.b.). Child labor was most common in the informal sector, including in artisanal mining and subsistence agriculture. According to the Ministry of Labor, children worked in mines and stone quarries, and as child soldiers, water sellers, domestic workers, and entertainers in bars and restaurants. The commercial sexual exploitation of children also occurred (see section 6).

Various mining sites, located principally in the eastern regions of North Kivu and Katanga, employed many child workers. The working conditions for children at these mining sites were poor. Treated as adults, children worked without breaks and without any basic protective measures.

Children were also the victims of exploitation in the worst forms of child labor, many of them in agriculture, illicit activities, and domestic work. Children mined diamonds, gold, cobalt, coltan, wolframite, copper, and cassiterite under hazardous conditions. In the mining regions of Upper Katanga, Kasai Oriental, Kasai Central, North Kivu, and South Kivu Provinces, children sifted, cleaned, sorted, transported heavy loads, and dug for minerals underground. In many areas of the country, children between ages five and 12 broke rocks to make gravel.

Parents often used children for dangerous and difficult agricultural labor. Families unable to support their children occasionally sent them to live with relatives who treated them as domestic slaves, subjecting them to physical and sexual abuse.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation based on race, gender, language, or social status. The law does not specifically protect against discrimination based on religion, age, political opinion, national origin, disability, pregnancy, sexual orientation, gender identity, or HIV-positive status. Additionally, no law specifically prohibits discrimination in employment of career public service members. The government did not effectively enforce relevant employment laws, and penalties were insufficient to deter violations.

Gender-based discrimination in employment and occupation occurred (see section 6). Although the labor code stipulates men and women must receive equal pay for equivalent work, the government did not enforce this provision effectively. According to the International Labor Organization, women often received less pay in the private sector than did men doing the same job and rarely occupied positions of authority or high responsibility. Persons with disabilities, albinism, and certain ethnicities such as Twa faced discrimination in hiring and access to the worksites.

e. Acceptable Conditions of Work

The government sets regional minimum wages for all workers in private enterprise, with the highest pay scales applied to the cities of Kinshasa and Lubumbashi. In 2018 the Ministry of Labor was implementing a minimum wage increase in a series of increments. As of November the minimum wage was above the poverty line. Most businesses were not in compliance with this minimum wage but faced few penalties.

In the public sector, the government sets wages annually by decree and permits unions to act only in an advisory capacity.

The law defines different standard workweeks, ranging from 45 hours per week to 72 hours every two weeks, for various jobs and prescribes rest periods and premium pay for overtime. The law establishes no monitoring or enforcement mechanism, and employers in both the formal and informal sectors often did not respect these provisions. The law does not prohibit compulsory overtime.

The average monthly wage did not provide a living wage for a worker and family. Salary arrears became more frequent in both the civil service and public enterprises. Many public-sector employees reported they did not receive their annual bonuses. In 2012 the government began paying some civil servant salaries through the banking system in an effort to stop the practice by which supervisors created fake employees and skimmed off some of their subordinates’ salaries. The Budget Ministry stated 75 percent of civil servants received their pay through the banking system, but some observers believed that figure was grossly inflated. For many, the government delivered cash in large shipments for local authorities and supervisors to distribute.

The labor code specifies health and safety standards. The Ministry of Labor employed 200 labor inspectors, which was not sufficient to enforce consistent compliance with labor regulations. The government did not effectively enforce such standards in the informal sector, and enforcement was uneven in the formal sector. Major international mining companies effectively observed health and safety standards, and the Ministry of Mines validation process includes criteria on minimal safety standards. Nonetheless, the law does not allow workers to remove themselves from hazardous situations without putting their employment in jeopardy. Approximately 90 percent of laborers worked in subsistence agriculture, informal commerce or mining, or other informal pursuits, where they often faced hazardous or exploitive working conditions.

In 2015 the international NGO IPIS estimated there were approximately 300,000 artisanal miners in the 2,000 identified mine sites in the east. It was estimated there were likely an additional 1,000 mine sites that had not been identified.

Djibouti

Executive Summary

Djibouti is a republic with a strong elected president and a weak legislature. In 2016 President Ismail Omar Guelleh was re-elected for a fourth term. International observers from the African Union (AU), Intergovernmental Authority on Development (IGAD), and Arab League characterized the election as “peaceful,” “calm,” and “sufficiently free and transparent” but noted irregularities. Most opposition groups did not characterize the elections as free and fair. Three of the seven recognized opposition parties participated in the February 2018 legislative elections. Opposition groups stated the government reneged on a 2015 agreement by not installing an independent electoral commission to manage and oversee elections. International observers from the AU, IGAD, the Organization of Islamic Cooperation, and the Arab League characterized the 2018 legislative elections as “free, just, and fair,” an assessment disputed by the leaders of unrecognized opposition parties.

The National Police is responsible for security within Djibouti City and has primary control over immigration and customs procedures for all land border-crossing points. The National Gendarmerie is responsible for all security outside of Djibouti City and is responsible for protecting critical infrastructure within the city, such as the international airport. The leadership of both entities reports to the minister of interior. The National Service of Documentation and Security (SDS) operates as a law enforcement and intelligence agency. It reports directly to the Presidency. Civilian authorities maintained effective control over security forces.

Significant human rights issues included: unlawful or arbitrary killings by government agents; arbitrary detention by government agents; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; unjustified arrests or prosecutions of journalists; criminal libel; substantial interference with the rights of peaceful assembly and freedom of association; significant acts of corruption; and violence against women and girls with inadequate government action for prosecution and accountability, including female genital mutilation/cutting (FGM/C).

Impunity was a problem. The government seldom took steps to identify, investigate, prosecute, or punish officials who committed abuses, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law allow for freedom of expression, including for the press, provided the exercise of these freedoms complies with the law and respects “the honor of others.” The government did not respect these rights. The law provides prison sentences for media offenses.

Freedom of Expression: Individuals who criticized the government publicly or privately could face reprisals.

According to reports, on June 19, Mohamed Ali Samireh and Chehem posted video on Facebook alleging the Ministry of Education fabricated charges against six teachers in a highly publicized case. Mohamed and Chehem were arrested by the National Security Service and released a week later without charge.

Press and Media, Including Online Media: Privately owned or independent newspapers were distributed on an irregular basis. Printing facilities for mass media were government owned, which created obstacles for those wishing to criticize the government. The principal newspaper, La Nation, maintained a monopoly on authorized print media. The government owned the only radio and television stations, operated by Radio Television Djibouti. The official media generally did not criticize government leaders or policy, and opposition access to radio and television time remained limited. Foreign media broadcast throughout the country, and cable news and other programming were available via satellite.

The government owned the only radio and television stations, operated by Radio Television Djibouti. The official media generally did not criticize government leaders or policy, and opposition access to radio and television time remained limited. Foreign media broadcast throughout the country, and cable news and other programming were available via satellite.

The NCC, under the Ministry of Communication, issues licenses to private citizens and political parties wishing to operate media outlets in the country. To date the Facebook page Djib-Live, which provides news, commentary, and entertainment, is the only nongovernmental entity in the country to receive a license (in late 2017). In October 2018 privately owned journal Le Renard applied for a license but was rejected. Foreign media outlets and journalists, including BBC and Al Jazeera, are not required to obtain a domestic license. They register directly with the Ministry of Communication.

Violence and Harassment: The government harassed journalists.

Censorship or Content Restrictions: Media law and the government’s harassment and detention of journalists resulted in widespread self-censorship. Some opposition members used pseudonyms to publish articles.

Libel/Slander Laws: The government used laws against libel and slander to restrict public discussion and retaliate against political opponents.

Actions to Expand Freedom of Expression, including for media: In May the government granted opposition political party the Center for Democratic Unity authorization to distribute a newsletter, the first authorization of its kind. Other opposition political groups and civil society activists circulated unauthorized newsletters and other materials via email and social media sites.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association. Opposition members alleged security forces routinely cancelled or disrupted meetings and other political events.

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

In-country Movement: Due to the continuing border dispute with Eritrea, certain areas in northern Djibouti remained under military control.

Foreign Travel: Citizens, including opposition members, reported immigration officials refused to renew their passports.

For the second consecutive year, opposition leader Kadar Abdi Ibrahim, secretary general of the MoDeL opposition party, claimed the government withheld his passport.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government collaborated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in expanding protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for granting asylum or refugee status. Asylum seekers from southern Somalia and Yemen were prima facie considered eligible for asylum or refugee status. The National Office for Assistance to Refugees and Disaster Victims (ONARS) and UNHCR issued identification cards to Yemeni refugees. The National Eligibility Commission (NEC), which falls under the Ministry of Interior and consists of staff from ONARS and several ministries, must review all other asylum claims; UNHCR participates as an observer. Ethiopian and Eritrean asylum seekers reported discrimination in the status determination process.

The government reconfigured the NEC and held monthly meetings in accordance with the law. There was a backlog of more than 10,000 persons awaiting status determination.

Employment: Scarce resources and employment opportunities limited local integration of refugees. Many, especially in the Yemeni refugee community, worked in restaurants, as daily manual laborers, fishers, and street vendors. By law documented refugees can work without a work permit in contrast to previous years, and many (especially women) did so in jobs such as house cleaning, babysitting, or construction. The law provides little recourse to challenge working conditions or seek fair payment for labor.

In conjunction with the International Organization for Migration (IOM) and UNHCR, the government supported vocational training for 97 refugees. A small number of the participants found local employment.

Access to Basic Services: Levels of protection and assistance in the refugee camps routinely fell short of international standards. The Ali Addeh camp was overcrowded, and basic services such as potable water and shelter were inadequate. The government did not issue birth certificates to children born in the Ali Addeh and Holl-Holl refugee camps for several months. Health services in the camps were not adequate, despite refugees and asylum seekers having legal access to the public health system. Problems included: lack of prescription drugs, absence of emergency care, and a weak referral system to advanced health care.

Yemeni refugees received basic services such as water, food, shelter, and medical services at Markazi camp. The government issued birth certificates to children born in the camp.

During the 2018-19 academic year, the government expanded a Ministry of Education-accredited English curriculum to second grade refugee youth. Previously UNHCR provided refugees in the Ali Addeh and Holl-Holl refugee camps with a Kenya-adapted curriculum taught in English and French that was not recognized by Kenyan and Djiboutian authorities. Refugees in the Markazi camp had access to instruction based on a Yemeni and Saudi curriculum taught in Arabic. The government owned the only radio and television stations, operated by Radio Television Djibouti. The official media generally did not criticize government leaders or policy, and opposition access to radio and television time remained limited. Foreign media broadcast throughout the country, and cable news and other programming were available via satellite.

The NCC, under the Ministry of Communication, issues licenses to private citizens and political parties wishing to operate media outlets in the country. To date the Facebook page Djib-Live, which provides news, commentary, and entertainment, is the only nongovernmental entity in the country to receive a license (in late 2017). In October 2018 privately owned journal Le Renard applied for a license but was rejected. Foreign media outlets and journalists, including BBC and Al Jazeera, are not required to obtain a domestic license. They register directly with the Ministry of Communication.

In April the Ministry of Agriculture assumed control over water provision and sanitation within the refugee communities.

Temporary Protection: The government provided temporary protection to a limited number of individuals who may not qualify as refugees. Authorities often temporarily jailed economic migrants, primarily from Ethiopia, attempting to transit the country to enter Yemen, before deporting them. The government worked with the IOM to provide health services to those migrants deemed “vulnerable” while they awaited deportation or voluntary return. The minister of health stationed two doctors in the country (one in the north and one in the south) to support migrants and citizens. The Coast Guard operated a migrant transit center in Khor Angar that functioned as a first response center for migrants stranded at sea.

The National Police decreased its presence at the Ali Addeh refugee camp, implemented after the 2014 terrorist attack. The gendarmerie, however, maintained its presence at the Markazi refugee camp.

With the support of the local National Union of Djiboutian Women (UNFD), mobile courts traveled to the largest camp, Ali Addeh, to hear the backlog of pending cases. In 2017 the UNFD also placed a full-time staff member in all refugee camps to provide support for domestic violence victims. International media reported cases of domestic violence in refugee camps, although the status of subsequent investigations was unknown. Impunity remained a problem.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The government, however, deprived many citizens of this ability by suppressing the opposition and refusing to allow several opposition groups to form legally recognized political parties. The formal structures of representative government and electoral processes had little relevance to the real distribution and exercise of power.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. According to the World Bank’s most recent Worldwide Governance Indicators, government corruption was a serious problem.

Corruption: No known high-level civil servants were disciplined for corruption. During the year the government resumed an initiative begun in 2012 to rotate accountants among government offices as a check on corruption. The law requires the Court of Accounts and Inspectorate General to report annually on corruption findings, but both entities lacked resources, and reporting seldom occurred.

During the year the Court of Budget and Disciplinary Action issued its annual report on corruption available online. The court also called a conference with local journalists to distribute reports. The authority to prosecute corruption, however, lies with the Criminal Court.

Financial Disclosure: Public officials are subject to financial disclosure laws, but they usually did not abide by the law.

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

The government generally allowed a few domestic human rights groups that dealt with matters authorities did not consider politically sensitive to operate without restriction, conducting limited investigations and sometimes publishing findings on human rights cases. Government officials occasionally were responsive to their views. Government-sanctioned human rights groups regularly cooperated with local associations offering training and education to citizens on human rights issues such as migrant rights and human trafficking. Many of these associations had leaders who were also key officials of the government. Local human rights groups that covered politically sensitive matters could not, however, operate freely and were often targets of government harassment and intimidation.

Eight years after a group of civil servants from various ministries created the Djiboutian Observatory for the Promotion of Democracy and Human Rights (ODDH), the Ministry of Interior had not granted the group formal status by year’s end. Due to government pressure, the president of ODDH was fired in 2018. Additionally, the leader of the Djibouti Human Rights League reported harassment targeting him and his family.

Government Human Rights Bodies: The government’s National Human Rights Commission includes technical experts, representatives of civil society and labor unions, religious groups, the legal community, the Ombudsman’s Office, and the National Assembly. By law the commission is a permanent institution with staff and regional offices. The commission last produced an annual report in 2016 and occasionally commented on cases of concern.

A government ombudsman holds responsibilities that include mediation between the government and citizens on issues such as land titles, issuance of national identity cards, and claims for unpaid wages. Written records of the ombudsman’s activities were sparse, and it was unclear what actions he took during the year to promote human rights.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for the right to form and join independent unions with prior authorization from the Ministry of Labor. The law provides the right to strike after giving advance notification, allows collective bargaining, and fixes the basic conditions for adherence to collective agreements. The law prohibits antiunion discrimination and requires employers to reinstate workers fired for union activities. The economic free zones (EFZs) operate under different rules, and labor law provides workers fewer rights in the EFZs.

The procedure for trade union registration, according to the International Labor Organization, is lengthy and complicated, allowing the Ministry of Labor virtually unchecked discretionary authority over registration. The government also requires unions to repeat this approval process following any changes to union leadership or union statutes, meaning each time there is a union election the union must reregister with the government.

The law provides for the suspension of the employment contract when a worker holds trade union office. The law also prohibits membership in a trade union if an individual has prior convictions (whether or not the conviction is prejudicial to the integrity required to exercise union office). The law provides the president with broad discretionary power to prohibit or restrict severely the right of civil servants to strike, based on an extensive list of “essential services” that may exceed the limits of international standards.

The government neither enforced nor complied with applicable law, including the law on antiunion discrimination. Available remedies and penalties for violations were insufficient to deter violations, particularly in view of the lack of enforcement.

The government also limited labor organizations’ ability to register members, thus compromising the ability of labor groups to operate. The government did not allow the country’s two independent labor unions to register as official labor unions. Two government-backed labor unions with the same names as the independent labor unions, sometimes known as “clones,” served as the primary collective bargaining mechanisms for many workers. Members of the government have close ties to the legal labor unions. Only members of government-approved labor unions attended international and regional labor meetings with the imprimatur of the government. Independent union leaders stated the government suppressed independent representative unions by tacitly discouraging labor meetings.

Collective bargaining sometimes occurred and usually resulted in quick agreements. The tripartite National Council on Work, Employment, and Professional Training examined all collective bargaining agreements and played an advisory role in their negotiation and application. The council included representatives from labor, employers, and government.

b. Prohibition of Forced or Compulsory Labor

The 2016 TIP law prohibits all forms of forced or compulsory labor and strengthens tools available to prosecutors to convict and imprison traffickers (see section 6, Children). The law was not effectively enforced, and penalties were insufficient to deter violations, particularly in the regions where human smuggling occurred.

Citizens and migrants were vulnerable to forced labor, including as domestic servants in Djibouti City and along the Ethiopia-Djibouti trucking corridor. Parents or other adult relatives forced street children, including citizen children, to beg. Children also were vulnerable to forced labor as domestic servants and coerced to commit petty crimes, such as theft (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all labor by, and employment of, children younger than age 16, but it does not specifically prohibit the worst forms of child labor. The law places limitations on working more than 40 hours a week and working at night. Government enforcement of the law was ineffective, and penalties were insufficient to deter violations. The Ministry of Labor is responsible for monitoring workplaces and preventing child labor; however, a shortage of labor inspectors, vehicles, and other resources impeded investigations of child labor. Inspections were carried out in the formal economy, although most child labor took place in the informal sector.

Child labor, including the worst forms of child labor, occurred throughout the country. Children were engaged in the sale of the narcotic khat, which is legal. Family-owned businesses such as restaurants and small shops employed children during all hours. Children were involved in a range of activities such as shining shoes, washing and guarding cars, selling items, working as domestic servants, working in subsistence farming and with livestock, begging, and other activities in the informal sector. Children of both sexes worked as domestic servants. Children experienced physical, chemical, and psychological hazards while working.

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

d. Discrimination with Respect to Employment and Occupation

There is no law prohibiting discriminatory hiring practices based on disability, sexual orientation, gender identity, or HIV or other communicable disease status. The constitution provides for equal treatment of citizens regardless of gender or other distinctions, but custom and traditional societal discrimination resulted in a secondary role for women in public life and fewer employment opportunities in the formal sector. The government promoted women-led small businesses, including through expanded access to microcredit.

A presidential decree requires women to hold at least 20 percent of all high-level public service positions, although the government has never implemented the decree.

The Labor Inspectorate lacked adequate resources to carry out inspections for discrimination. According to disability advocates, there were not enough employment opportunities for persons with disabilities, and legal protections and access for such individuals were inadequate. The law does not require equal pay for equal work (see section 6).

By law foreign migrant workers who obtain residency and work permits enjoy the same legal protections and working conditions as citizens. This law was not enforced, however, and migrant workers experienced discrimination.

e. Acceptable Conditions of Work

The national minimum wage for the public sector was above the World Bank poverty income level. The law does not mandate a minimum wage for the private sector, but it provides that minimum wages be established by common agreement between employers and employees. According to the government statistics office, in 2017, 79 percent of the population lived in relative poverty.

The legal workweek is 40 hours over five days, a limit that applies to workers regardless of gender or nationality. The law mandates a weekly rest period of 48 consecutive hours and the provision of overtime pay at an increased rate fixed by agreement or collective bargaining. The law states that combined regular and overtime hours may not exceed 60 hours per week and 12 hours per day. The law provides for paid holidays. The government sets occupational safety and health (OSH) standards that cover the country’s main industries. Minimum wage, hours of work, and OSH standards were not effectively enforced, including in the informal economy.

No law or regulation permits workers to remove themselves from situations that endanger health or safety without jeopardizing continued employment.

There was a large informal sector but no credible data on the number of workers employed there.

The Ministry of Labor is responsible for enforcing OSH standards, wages, and work hours; however, resources allotted to enforcement were insufficient, and enforcement was ineffective. The ministry did not employ a sufficient number of inspectors to deter violations. During the year the Labor Inspectorate conducted 30 inspections, including within EFZs, based on complaints of illegal labor conditions; the inspectorate found violations in every case. Because of lack of enforcement, penalties were insufficient to deter violations.

The most common remedy for violations was for the labor inspector to visit the offending business and explain how to correct the violation. If the business corrected the violation, there was no penalty.

Migrants were particularly vulnerable to labor violations. Workers in several industries and sectors sometimes faced hazardous working conditions, particularly in the construction sector and at ports. Hazards included, for example, improper safety equipment and inadequate safety training. According to the Labor Inspectorate, workers typically reported improper termination, not abuses of safety standards.

Equatorial Guinea

Executive Summary

Equatorial Guinea is nominally a multiparty constitutional republic. Since a military coup in 1979, President Teodoro Obiang Nguema Mbasogo has dominated all branches of government in collaboration with his clan and political party, the Democratic Party of Equatorial Guinea (PDGE), which he founded in 1991. In April 2016 President Obiang claimed to have received 93.7 percent of the vote in a presidential election that many considered neither free nor fair. In November 2017 the country held legislative and municipal elections that lacked independent domestic or international monitoring and verification of the voter census, registration, and the tabulation of ballots. The ruling PDGE party and its 14 coalition parties won 92 percent of the vote, taking all 75 Senate seats, 99 of 100 seats in the lower chamber, and all except one seat in municipal councils. The voter registration process was not transparent. The government restricted opposition party access to media and blocked access to social media and opposition websites during the electoral campaigns. Official observer communication was restricted on the day of the elections by a shutdown of the internet. Authorities later suspended the one unaligned opposition party that won a seat, preventing it from participating in the legislature.

The vice president (the son of President Obiang) has overall control of the security forces. Police generally are responsible for maintaining law and order in the cities, while gendarmes are responsible for security outside cities and for special events. Both entities report to the minister of national security. Military personnel, who report to the minister of defense, also fulfill police functions in border areas, sensitive sites, and high-traffic areas. Both ministers report to the vice president directly. Additional police elements are in the Ministries of Interior (border and traffic police), Finance (customs police), and Justice (investigative/prosecuting police). Presidential security officials also exercise police functions at or near presidential facilities. Civilian authorities did not maintain effective control over the security forces.

Significant human rights issues included: torture; arbitrary detention by government agents; harsh and life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; significant problems with independence of the judiciary; the worst forms of restrictions on free expression, press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions of journalists, censorship, site blocking, and the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive laws on nongovernmental organizations (NGOs); significant restrictions on freedom of movement; restrictions on political participation; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons (LGBTI); and violence against women and girls, including rape, with limited government action to investigate or prosecute those responsible.

The government took few steps to prosecute or punish officials who committed abuses, whether in the security forces or elsewhere in the government, and impunity was a serious problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of speech and press, the government has extensive legal powers to restrict media activities. The government restricted journalistic activity through prepublication censorship. Media remained weak and under government influence or control. Persons close to the president, including his son, the vice president, owned the few private media outlets that existed. Most journalists practiced self-censorship. Those who did not were subject to government surveillance, arrests, and threats.

Freedom of Expression: Individuals generally chose not to criticize the president, his family, other high-ranking officials, and security forces due to fear of reprisal. The government attempted to impede criticism by continuing to monitor the activities of opposition members, journalists, and others.

The government owned the only national radio and television broadcast system, Radio-Television of Equatorial Guinea. Vice President Teodoro Nguema Obiang Mangue owned the only private broadcast media, Television Asonga and Asonga Radio. Journalists who worked for these entities could not report freely. During the legislative and municipal elections in 2017, the government censored all international channels.

The government denied or left pending requests by political parties to establish private radio stations. Satellite broadcasts were widely available, including the French-language Africa24 television channel, which the government partially owned.

International news agencies did not have correspondents or regular stringers in the country. As most foreigners need visas to visit the country, the time-consuming nature of the process effectively dissuaded some journalists from travelling, although international media covered major events. In other cases, the government may have prevented reporters from obtaining visas.

Violence and Harassment: Security forces detained, intimidated, and harassed journalists. The government took no steps to preserve the safety and independence of media or to prosecute individuals who harassed journalists.

On August 27, police in Bata arrested presenter Milanio Ncogo and reporter Ruben Dario Bacale, employees of Asonga TV, and held them without charge until September 8, when both were released from jail and fired from their jobs. The arrests were retaliation for an interview Bacale conducted with Nazario Oyono Kung, a judge suspended by the president of the Supreme Court.

Libel/Slander Laws: The government used laws against libel and slander, both of which are criminalized, to restrict public discussion.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association, although the constitution and law provide for these freedoms.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government often restricted these rights. Multiple members of the opposition reported that the authorities delayed the renewal of their identity documents, effectively limiting their ability to travel within the country and abroad. Gabriel Nze Obiang of CI stated in December that after one and a half months there was no update on his documents renewal, and that his application was not listed in the system, although the regular period of time to receive a new document was approximately two weeks.

In-country Movement: Police at roadblocks routinely checked travelers and some engaged in petty extortion. Frequent roundups of foreign nationals that the government claimed were necessary to counter irregular immigration, delinquent activities, and coup attempts also occurred at roadblocks.

Foreign Travel: The government has been known to issue temporary travel prohibitions on senior government officials due to alleged national security concerns.

On March 15, authorities detained human rights defender Alfredo Okenve Ndo at the airport in Malabo, handcuffed him, put him on a military flight to his home in Bata, placed him under house arrest, confiscated his passport and cellular telephone, and temporarily banned him from travel outside the country. Authorities had banned him the same day from receiving the “Franco-German prize for human rights,” which had been announced in 2018.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government did not generally cooperate 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. UNHCR did not maintain an office in country.

Access to Asylum: The law provides for the granting of asylum or refugee status, but the government has not established a system for providing protection to refugees.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair elections held by secret ballot and based on universal and equal suffrage, but the government severely limited this right.

Section 4. Corruption and Lack of Transparency in Government

While the law provides severe criminal penalties for official corruption, the government did not effectively implement the law. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year, as the president and members of his inner circle continued to amass personal fortunes from the revenues associated with monopolies on all domestic commercial ventures, as well as timber and oil exports. Corruption at all levels of government was a severe problem.

Numerous foreign investigations continued into high-level official corruption. According to Freedom House, the budget process was “opaque.” The government implemented a number of IMF recommendations to improve fiscal transparency during the year, including auditing state-owned enterprises and public debt using international accounting firms, and publishing data on public sector debt in the budget.

There are no specific laws about conflict of interest or nepotism.

Financial Disclosure: The constitution and law require public officials to declare their assets to the National Commission on Public Ethics, although no declarations were made public and the government did not effectively enforce the law. There are no formal procedures to control submission of asset disclosures and no penalties for noncompliance.

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

The law restricts NGO activity. The country’s few domestic NGOs mainly focused on issues such as health, women’s empowerment, and elder care. CEIDGE was one of the few NGOs that made public statements about government corruption and human rights abuses. Authorities suspended its activities multiple times since 2016 and in March arrested or detained some of CEIDGE’s leaders. After authorities revoked its charter in July, CEIDGE resigned from the commission leading the government’s effort to join the Extractive Industries Transparency Initiative.

In October 2018 four individuals detained and beat civil society leader and human rights activist Alfredo Okenve Ndo of the CEIDGE. Initial reports suggested security force members may have carried out the attack, mistaking him for his brother Celestino Okenve Ndo, who was a member of an unregistered opposition party. Authorities arrested no one in the case.

The government was generally suspicious of human rights activities, claiming human rights concerns were largely prompted by antigovernment exile groups and hostile foreign NGOs. Government officials rarely were cooperative and responsive to their views. Government officials used media outlets to try to discredit civil society actors, categorizing them as supporters of the opposition and critics of the government. The few local activists who sought to address human rights risked intimidation, harassment, unlawful detention, and other reprisals.

The United Nations or Other International Bodies: The United Nations maintains an office and has several programs in the country. The government funds the majority of local UN operations. Amnesty International, Freedom House, EG Justice, the American Bar Association’s Center for Human Rights, and Human Rights Watch focused on human rights. No international NGOs, however, maintained offices in the country. Members of international human rights NGOs continued to report difficulties obtaining visas to visit the country.

Government officials responsible for human rights issues functioned more to defend the government from accusations than to investigate human rights complaints or compile statistics.

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 workers the right to establish unions, affiliate with unions of their choice, and collectively bargain. The law also allows unions to conduct activities without interference. The law requires a union to have at least 50 members from a workplace to register, effectively blocking most union formation. The government, however, did not generally allow unions to organize.

The government did not enforce laws providing freedom of association or the right to collective bargaining. All unions must register with the government, but the registration process was costly, burdensome, opaque, and slow. The Union Organization of Small Farmers was the only legal, operational labor union. Authorities refused to recognize other unions, including the Workers Union of Equatorial Guinea, Independent Service Union, Teachers’ Trade Union Association, and the Rural Workers Organization. Most often those seeking to organize were co-opted into existing party structures by means of pressure and incentives. Penalties were not applied and were insufficient to deter violations.

The law broadly acknowledged the right to engage in strikes, but no implementing legislation defines legitimate grounds for striking. No law requires the reinstatement of workers fired for union activity, although such dismissal may fall under wrongful termination. The government has never authorized a strike.

The government did not protect the right of unions to conduct their activities without interference.

Labor NGOs faced restrictions and were unable to operate.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. The Ministry of Labor and Social Security conducted numerous workplace inspections to verify adherence to laws on forced labor. Despite creating an online tool to report cases of forced labor and promoting its efforts online, the government did not effectively enforce the law, did not take sufficient action on ending slavery, and forced labor occurred. Neither penalties nor the government’s inspection efforts were sufficient to deter violations.

Employees in the public and private sector were often paid months late. Some workers, especially those from overseas, quit their jobs because of nonpayment, having effectively worked for months without compensation.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits some of the worst forms of child labor. The law prohibits employment of children younger than 18, except that with the authorization of the Ministry of Labor and Social Security and their parents or guardians, minors between ages 16 and 18 may perform light work that does not interfere with their schooling.

Minors are permitted to work only during the day, and their workday is limited to six hours, for which they are paid the equivalent of an eight-hour daytime work rate. The penalty for employing children younger than 16 is a fine equal to 15 months of the minimum wage per minor, which is doubled for repeat infractions. Penalties are higher for minors younger than 18 who perform night work or work in hazardous environments. The government has yet to publish any list of the hazardous types of work prohibited for children.

The Ministry of Labor and Social Security is responsible for enforcing child labor laws, but labor inspectors focused mainly on the construction industry and not on child labor. The laws were not effectively enforced, and penalties were not sufficient to deter violations. The government does not have data on the worst forms of child labor.

Children were reportedly transported from nearby countries–primarily Nigeria, Benin, Cameroon, Togo, and Gabon–and forced to work as domestics, market laborers, ambulant vendors, launderers, and beggars. Increasingly there were reports of local children brought from rural areas to work as domestic servants in Malabo and Bata. The government occasionally provided social services on an ad hoc basis to children found working in markets. In January government officials called attention to children working in markets and as street vendors and increased oversight. In February the government issued a decree prohibiting children from working as vendors in the street in an attempt to reduce child labor.

Attention to school attendance generally focused more on citizen children than on their foreign peers.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination based on race, skin color, sex, religion, political opinion, national origin, social status, or union affiliation. Labor laws do not prohibit discrimination based on age, disability, sexual orientation, language, HIV/AIDS status, or refugee or stateless status. The government did not effectively enforce these laws and regulations. Penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to political affiliation, ethnicity, sex, sexual orientation, disability, and HIV/AIDS status. Discrimination against foreign migrant workers occurred. High-ranking members of independent opposition parties were unable to find work and were barred from government employment.

The government does not have an agency responsible for the protection of persons unable to work due to permanent or temporary illness or other health conditions. The Ministry of Labor and Social Security did not effectively enforce the legal mandate to employ a specific percentage of persons with disabilities in companies with 50 employees or more, nor did the government take steps to accommodate them in the workplace.

The country continued to have large gender gaps in education, equal pay, and employment opportunities. Deep-rooted stereotypes and ethnic traditions impeded women’s employment opportunities. Women mostly worked in the informal sector where they did not have access to benefits or social security. The lack of enforcement left women vulnerable to discrimination, but they rarely complained due to fear of reprisals. The government did not maintain accurate or updated statistics on unemployment generally, nor by segment of society.

e. Acceptable Conditions of Work

The law requires employers to pay citizens at the same rate as foreigners and to pay domestic workers not less than 60 percent of the national minimum wage. In reality, neither is enforced.

The standard work week is eight hours a day and 48 hours a week for daytime work, six hours a day and 36 hours a week for night work, and seven hours a day and 42 hours a week for mixed day and night work. Offshore workdays are a minimum of 12 hours, of which eight hours are considered regular work and four hours are counted as overtime. The workday includes one hour for meals and breaks. The law also requires paid leave for government holidays, annual leave, and bonuses of 15 days’ pay twice yearly. Overtime is not mandatory, except as provided by law or special agreement, and is prohibited for pregnant workers. The law allows overtime for night work. Premium pay is required for overtime and holidays. Women had six weeks pre- and postmaternity leave that could be extended for medical reasons. The law provides for two paid daily breaks of one hour each to breast feed.

Occupational safety and health (OSH) standards provide for protection of workers from occupational hazards, but they were not consistently observed. The law permits workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Ministry of Labor and Social Security is responsible for setting and enforcing minimum wage, workweek rules, and OSH standards. The ministry conducted numerous workplace inspections to verify adherence to labor laws regarding pay, benefits, and working conditions. When inspectors found violations, the government required some employers to correct the problem, pay fines, or pay reparations to the employees.

The government did not effectively enforce the law. Penalties were not sufficient to deter violations, and the small number of labor inspectors was insufficient to enforce the law effectively. The ministry does not publish the results of its OSH inspections.

Legal protections exist for employees who are injured or killed on the job and for those who were exposed to dangerous chemicals, but these protections were generally extended only to those in the formal sector. Protections in the hydrocarbons sector exceeded minimum international safety standards.

The government did not monitor the informal sector, which employed a majority of workers. No credible data or statistics were available.

Foreigners, including migrants from other parts of Africa, Asia, and the Americas, were sometimes subjected to poor working conditions. Some workers were exposed to hazardous chemicals, supplied with insufficient safety gear, and subjected to excessively long hours. The ministry established a website in 2018 and a phone line during the year for workers to report workplace irregularities and violations, including safety concerns and forced labor.

Eritrea

Executive Summary

Eritrea is a highly centralized, authoritarian regime under the control of President Isaias Afwerki. The People’s Front for Democracy and Justice (PFDJ), headed by the president, is the sole political party. There have been no national-level elections since an independence referendum in 1993.

Police are responsible for maintaining internal security, and the armed forces are responsible for external security, but the government sometimes used the armed forces, reserves, demobilized soldiers, or civilian militia to meet domestic as well as external security requirements. Agents of the national security service, which reports to the Office of the President, are responsible for detaining persons suspected of threatening national security. The armed forces have authority to arrest and detain civilians. Civilian authorities maintained effective control over most security forces.

Significant human rights issues included: forced disappearance, torture, and arbitrary detention, the preceding three actions all committed by the government; harsh and life-threatening prison and detention center conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of restrictions on free expression and the press, including censorship and the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions on religious freedom; widespread restrictions on freedom of movement; restrictions on political participation; trafficking in persons; criminalization of consensual same-sex sexual conduct; and forced labor, including forced participation in the country’s national service program, routinely for periods beyond the 18-month legal obligation.

The government did not generally take steps to investigate, prosecute, or punish officials who committed human rights abuses. Impunity for such abuses was the norm.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the law and unimplemented constitution provide for freedom of speech, including for the press, the government severely restricted these rights.

The law criminalizes libel as a misdemeanor and prescribes a punishment of between one and six months’ imprisonment and a fine of between 5,000 and 20,000 nakfa ($333-$1,333). The law also criminalizes “malicious injury to honor or reputation,” which covers true statements communicated solely to damage a person’s reputation, and prescribes a punishment of less than one month in prison and a fine of 500 to 5,000 nakfa ($33-$333). It is unclear if these provisions were enforced.

Freedom of Expression: The government severely restricted the ability of individuals to criticize the government in public or in private through intimidation by national security forces.

Press and Media, Including Online Media: The law bans private broadcast media and foreign ownership of media and requires submission of documents, including books, to the government for approval prior to publication. The government controlled all domestic media, including one newspaper published in four languages, three radio stations, and two television stations.

The law requires journalists to be licensed. The law restricts printing and publication of materials. The printing of a publication by anyone lacking a permit and the printing or dissemination of prohibited foreign publications are both punishable under the law. Government approval is required for distribution of publications from religious or international organizations.

In September the Committee to Protect Journalists (CPJ) reported 16 journalists were in detention as of December 2018. The CPJ also reported up to seven journalists may have died while in custody.

The government did not prevent persons from installing satellite dishes that provided access to international cable television networks and programs. The use of satellite dishes was common nationwide in cities as well as villages. Access to South Africa’s Digital Satellite Television (DStv) required government approval, and a subscriber’s bill could be paid only in hard currency. Satellite radio stations operated by diaspora Eritreans reached listeners in the country. Citizens could also receive radio broadcasts originating in Ethiopia.

Violence and Harassment: The government did not provide information on the location or health of journalists it detained in previous years and who were held incommunicado.

Censorship or Content Restrictions: Most independent journalists remained in detention or lived abroad, which limited domestic media criticism of the government. Authorities required journalists to obtain government permission to take photographs. Journalists practiced self-censorship due to fear of government reprisal.

National Security: The government repeatedly asserted national security concerns were the basis of limitations on free speech and expression.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The law and unimplemented constitution provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted all these rights. It often denied citizens passports and exit visas because they had not completed their military or national service duties or arbitrarily for no given reason. The government restricted travel of children with foreign passports whom it considered Eritrean nationals.

In-country Movement: The government requires citizens to notify local authorities when they change residence, although many did not. When traveling within the country, particularly in remote regions or near borders, authorities required citizens to provide justification for travel at the few checkpoints.

Travel restrictions on noncitizens lawfully in the country remained in effect. The government required all diplomats, international humanitarian workers, UN staff, and foreigners to request permission from the government at least 10 days in advance to travel more than 15 miles (25 kilometers) outside of Asmara. During the year, however, the government on many occasions approved requests with less than 10 days’ advance notice.

Foreign Travel: The government restricted foreign travel. The government required citizens, sometimes including dual nationals, to obtain exit visas. The government restricted travel of children with foreign passports whom it considered Eritrean nationals. Requirements for obtaining passports and exit visas were inconsistent and nontransparent. The government often denied citizens passports and exit visas because they had not completed their military or national service duties. Authorities generally did not give exit visas to children older than age five. Categories of persons most commonly denied exit visas included men younger than 40, regardless of whether they had completed the military portion of national service, and women younger than 30. For women, marriage status and children also played a role. Those citizens who previously qualified for international travel were permitted to travel to and from Ethiopia when flights between the two countries resumed. Between August 2018 and March, when the border was open, three crossing points between the country and Ethiopia offered limited opportunities for overland travel, in the absence of fully formed immigration and customs procedures and infrastructure. For nationals of both countries, crossing these points did not require an entry visa, and Eritreans did not require exit visas or other travel documents.

Exile: In general citizens had the right to return, but citizens residing abroad had to show proof they paid the 2 percent tax on foreign earned income to the Ministry of Foreign Affairs to be eligible for some government services and documents, including exit permits, birth or marriage certificates, passport renewals, and real estate transactions. The government enforced this requirement inconsistently. There were reports of citizens who left the country without exit visas being denied re-entry.

Citizenship: Most members of Jehovah’s Witnesses who did not perform military service continued to be unable to obtain official identification documents. They were not eligible for jobs in the formal economy or for ration coupons to buy essentials at government-subsidized prices.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government terminated its cooperation with the UN High Commissioner for Refugees regarding treatment of refugees inside the country in March. The government defined refugee status differently than do the 1951 Convention and its 1967 Protocol Relating to the Status of Refugees. It did not recognize Ethiopians or Sudanese as refugees, instead considering them economic migrants. The government, however, allowed these refugees to remain in the country and granted them residency permits.

The government took steps to downsize the Umkulu Refugee Camp. Of the more than 2,100 refugees housed at the camp in mid-June, only 700 remained in the country at the end of July. At least 1,300 of those refugees travelled to Ethiopia after Eritrean government officials urged them to do so.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government did not grant Ethiopians or Sudanese asylum, although it allowed them to remain in the country.

Freedom of Movement: Most Somalis at Umkulu Refugee Camp could travel throughout the country.

Employment: Refugees were not granted formal work permits, but some worked informally.

Access to Basic Services: Persons of Ethiopian and Sudanese origin living in the country sometimes claimed they received social entitlements commensurate with the perceived degree of their loyalty to the government, including ration coupons to buy essentials at government-subsidized prices.

Ethiopians, Sudanese, and Somalis were able to access basic government services upon procuring and presenting residency permits.

Durable Solutions: The government did not grant persons of Ethiopian and Sudanese origin asylum or refugee status; however, authorities permitted them to remain in the country and to live among the local population instead of in a refugee camp. Authorities granted them residency permits that enabled them to access government services. Authorities granted Sudanese and Ethiopians exit visas to leave the country for resettlement and study.

Section 3. Freedom to Participate in the Political Process

The law and unimplemented constitution 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, but they were not able to exercise this ability.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Persons seeking executive or judicial services sometimes reported they obtained services more easily after paying a “gift” or bribe. Patronage, cronyism, and petty corruption within the executive branch were based largely on family connections and used to facilitate access to social benefits. Judicial corruption was a problem, and authorities generally did not prosecute acts such as property seizure by military or security officials or those seen as being in favor with the government.

There were reports of police corruption. Police occasionally used their influence to facilitate the release from prison of friends and family members. Police demanded bribes to release detainees.

Financial Disclosure: The law does not subject public officials to financial disclosure.

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

International civil society organizations focused on human rights were generally not able to operate in the country. The government generally did not cooperate with such groups or with investigations into human rights abuses. No local human rights nongovernmental organizations (NGOs) operated in the country (see section 2.b., Freedom of Association).

The government permitted the ICRC to operate but limited its operations to supporting Ethiopian repatriation and vulnerable Ethiopian residents; implementing assistance projects (water, agriculture, and livestock) for persons living in the regions affected by conflict; disseminating information on international humanitarian law to students and government officials; and connecting separated family members living abroad to their family members in the country through the country’s Red Cross. Authorities did not permit the ICRC to visit prisons or detention centers.

The United Nations or Other International Bodies: The government did not permit visits by the UN special rapporteur on human rights in Eritrea. In June the special rapporteur reported that since her appointment in October 2018, the government had remained opposed to cooperating with her mandate on substantive issues, in addition to refusing to grant her access to the country, thus limiting her ability to provide further information on current conditions.

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, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and requires reinstatement of workers dismissed for legally sanctioned union activity. The law allows for the establishment of unions in workplaces with at least 20 employees and requires a minimum of 15 members to form a union. Workers from multiple smaller worksites, however, can band together to create a “general association,” if there are at least 20 members. The law requires prior authorization from the Ministry of Labor and Human Welfare to establish a union, but it deems registration granted if the ministry does not respond within one month.

The government did not adequately enforce the law, and penalties and legal protections against antiunion interference and acts of interference were insufficient to deter violations. Civil servants as well as domestic workers were not fully covered by labor laws.

The government did not respect freedom of association and the right to collective bargaining in practice. Authorities did not allow nongovernmental meetings of more than seven persons. There is one umbrella trade union, the National Confederation of Eritrean Workers (NCEW), established in 1979 as the trade union wing of the Eritrean People’s Liberation Front. The NCEW was not wholly independent, because it was directly linked to the ruling party. The NCEW’s member union represents hotel workers, service personnel, agricultural professionals, and teachers, among other occupations. The NCEW reported that labor boards, made up of representatives from the union, the workers, and the Ministry of Labor and Human Welfare, address grievances before the likelihood of strikes emerges. Employees of the Bisha mine (which was 60 percent foreign owned and managed, 40 percent government owned)), however, have a nongovernmental union.

In general no NGOs played a significant role in promoting the rights of workers in the country.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor and slavery. The government enforced these laws within private industry, and penalties were sufficient to deter violations; however, the legal definition of forced labor excludes activities performed under national service or other civic obligations, compulsory labor for convicted prisoners, and communal services rendered during an emergency. Labor protections limiting hours of work and prohibiting harsh conditions do not apply to persons engaged in national service.

By law all citizens between ages 18 and 50 must perform national service, with limited exceptions. The national service obligation consists of six months of military training and 12 months of active military or civilian national service, for a total of 18 months, or for those unfit to undergo military training, 18 months of service in any public and government organ. The law provides for assignment to a job category according to the person’s capacity and profession, but this was not always followed in practice. There is no provision for alternative service for conscientious objectors.

Forced labor occurred. Despite the 18-month legal limit on national service, the government did not demobilize many conscripts from the military or from civilian national service as scheduled and forced some to serve indefinitely under threats of detention, torture, or punishment of their families. Persons performing national service could not resign or take other employment, generally received no promotions or salary increases, and could rarely leave the country legally because authorities denied them passports or exit visas. Those conscripted into the national service performed standard patrols and border monitoring in addition to labor such as agricultural terracing, planting, road maintenance, hotel work, teaching, construction, and laying power lines, as well as many office jobs in government ministries and agencies and in state-owned enterprises. There were reports that some conscripts were additionally required to perform manual labor on national service projects unrelated to their assignment and for which they received no overtime payment.

The government required those not already in the military to attend civilian militia training and carry firearms, including many who were demobilized, the elderly, or persons otherwise exempted from military service in the past. Failure to participate in the militia or national service could result in detention. Militia duties mostly involved security-related activities, such as airport or neighborhood patrolling. Militia training involved occasional marches and listening to patriotic lectures.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The legal minimum age for employment is 14, although this restriction does not apply to children working outside of formal relationships, including self-employed workers. The government prohibits persons younger than age 18 from employment between 6 p.m. and 6 a.m. and for more than seven hours per day. The government has not determined by national law or regulation the types of hazardous work prohibited for children.

Labor inspectors from the Ministry of Labor and Human Welfare are responsible for enforcing child labor laws, but inspections were infrequent, and penalties, if imposed, were arbitrary and generally insufficient to deter violations.

Children in rural areas commonly worked on family farms, fetched firewood or water, worked in illegal mines, and herded livestock. In urban areas children worked as street vendors of cigarettes, newspapers, and chewing gum. Children also worked in small-scale garages, bicycle-repair shops, metal workshops, and tea and coffee shops. They also transported grain or other goods via donkey cart or bicycle. Child domestic service occurred, as did begging by children.

The government continued to require secondary school students in the ninth, 10th, and 11th grades to participate in the Summer Work Program. News reports stated students planted trees under a larger environmental program. They also served as crossing guards in urban areas. In past years this program included school and hospital maintenance. Students work for four to six hours a day, five days a week, and at least some students were given a small stipend (150 nakfa ($10) for their participation. Reports indicated students who did not participate in the work program were charged fines, and those who did not pay were not permitted to enroll in school during the next academic year.

To graduate from high school and meet the requirements of national service, students are required to complete their final year of schooling (12th grade) at Sawa military complex. Students spend nearly half of the year at Sawa engaged in mandatory military training, which includes military discipline and procedures, weapons training, a survival exercise, and a two- to four-week war simulation. Although the National Service Proclamation establishes 18 years of age as the minimum age for compulsory military training, some students entering 12th grade at Sawa were reportedly as young as age 16. In addition some students are forced to conduct agricultural activities on government-owned farms.

Furthermore the military occasionally performs identity checks that have resulted in the imprisonment of children alleged to be attempting to evade compulsory national service and the forced underage recruitment of children, some as young as age 14, into the military.

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

d. Discrimination with Respect to Employment and Occupation

With respect to employment and occupation, labor laws prohibit discrimination based on race, color, sex, disability, social origin, nationality, political orientation, or religion. The law does not prohibit discrimination on the basis of sexual orientation or gender identity, HIV-positive status, language, or age.

Discrimination against women was common in the workplace and occurred in an environment of impunity. The law does not criminalize sexual harassment (see section 6, Women).

e. Acceptable Conditions of Work

The national minimum wage for employees of PFDJ-owned enterprises and government employees was below the international poverty line. There was no national minimum wage for private-sector workers. The law provides for a standard workweek of 48 hours and no more than two hours per day of overtime, but it includes exceptions for when someone is missing or when there is “urgent work.” The law entitles workers to overtime pay, except for those employed in national service, but this was not always enforced. The legal rest period is one day per week, although most employees received one and one-half days. The government did not effectively enforce the law, and penalties were not sufficient to deter violations.

No published occupational health and safety standards existed. Each government enterprise has a separate agreement with the local union defining the work standards, including occupational health and safety regulations, for that enterprise. There were 168 government enterprises in the country, accounting for most large-scale employers.

The Ministry of Labor and Human Welfare is responsible for worker safety and welfare. The ministry employed inspectors, but the number was unclear and likely insufficient. The National Confederation of Eritrean Workers reported that every enterprise has an inspection at least once per year that is then reviewed by the enterprise, the union, and the ministry.

Approximately 80 percent of the population was employed in subsistence farming and small-scale retail trading. There were no reliable data on the informal economy and no effective mechanisms for monitoring conditions or protecting workers in the informal economy.

The government did not report information regarding abuses pertaining to wage, overtime, safety, and health standards.

Ethiopia

Executive Summary

Ethiopia is a federal republic. A coalition of ethnically based parties known as the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) controlled the government until its successor, the Prosperity Party, was formed in December. In the 2015 general elections, the EPRDF and affiliated parties won all 547 seats in the House of People’s Representatives (parliament) to remain in power for a fifth consecutive five-year term. In February 2018 then prime minister Hailemariam Desalegn announced his resignation to accelerate political reforms in response to demands from the country’s increasingly restive youth. In April 2018 parliament selected Abiy Ahmed Ali as prime minister to lead broad reforms.

Under Prime Minister Abiy, there has been an increased focus on the rule of law. The Federal Police report to the newly created Ministry of Peace as of October 2018 and are subject to parliamentary oversight, but parliament’s capacity to conduct this oversight is limited. Each of the nine regions has a regional, a special police force, or both that report to regional civilian authorities. Local militias operated across the country in loose and varying coordination with these regional police, the Federal Police, and the military. Selected by community leadership, local militias are empowered to handle standard security matters within their communities, primarily in rural areas. It was widely reported that civilian authorities at times did not maintain control over regional security forces. Rural local police and militias sometimes acted independently and extrajudicially. Local government authorities provided select militia members with very basic training. Militia members serve as a bridge between the community and local police by providing information and enforcing rules. When community security was insufficient to maintain law and order, the military played an expanded role with respect to internal security; in particular, setting up military command posts in parts of the country like West and South Oromia, as well as Southern Nations, Nationalities, and Peoples’ (SNNP) Region.

A number of positive changes in the human rights climate followed Abiy’s assumption of office. The government decriminalized political movements that past administrations had accused of treason, invited opposition leaders to return to the country and resume political activities, allowed peaceful rallies and demonstrations, enabled the formation and unfettered operation of new political parties and media outlets, continued steps to release thousands of political prisoners, and undertook revisions of repressive laws. In recent months, however, the government used the Antiterrorism Proclamation (ATP) to buy time for investigations pertaining to the killing of government officials on June 22. Additionally, humanitarian partners cited the lack of safe, voluntary, and dignified returns of internally displaced persons (IDPs) and their lack of access to those IDPs as major concerns.

Significant human rights issues included: reports of unlawful or arbitrary killings by security forces; citizens killing other citizens based on their ethnicity; unexplained disappearances; arbitrary arrest and detention by security forces; harsh and life-threatening prison conditions; unlawful interference with privacy; censorship, and blocking of the internet and social media sites; criminalization of same-sex sexual conduct; and child labor, including the worst forms.

The government took steps to prosecute selected members of senior leadership for human rights abuses but decided on a policy of forgiveness for lower-level officials under its broader reconciliation efforts. The government took positive steps toward greater accountability under Abiy to change the relationship between security forces and the population. In August 2018 the federal attorney general filed criminal charges against former Somali regional president Abdi Mohammed Omar and several others relating to criminal conspiracy and armed uprising. The federal attorney general brought charges related to egregious human rights violations and corruption against Getachew Assefa, Assefa Belay, Shishay Leoul, and Atsbaha Gidey, all former officials in the National Intelligence and Security Service (NISS). On July 16, the Federal High Court ordered the trial to proceed in the absence of the defendants after police were unable to locate the men in the Tigray Region.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including speech and for the press. With the encouragement of Prime Minister Abiy, a number of new and returned diaspora media outlets were able to register and begin operations in the country.

Freedom of Expression: Upon taking office in April 2018, Prime Minister Abiy stated freedom of speech was essential to the country’s future. NGOs subsequently reported that practices such as arrests, detention, abuse, and harassment of persons for criticizing the government dramatically diminished.

Press and Media, Including Online Media: Independent media reported access to private, affordable, independent printing presses was generally limited to a single government-owned facility, which allowed government intimidation. Independent media cited limited access to a printing facility as a major factor in the small number, low circulation, and infrequent publication of news. State media moved toward more balanced reporting during the year, but strong government influence remained evident.

In Addis Ababa eight independent newspapers had a combined weekly circulation of approximately 44,000 copies; there were in addition two sports-focused newspapers. There were no independent newspapers outside the capital. Nine independent weekly, monthly, and bimonthly magazines published in Amharic and English had a combined circulation estimated at 27,000 copies. State-run newspapers had a combined daily circulation of approximately 50,000 copies. Most newspapers were printed on a weekly or biweekly basis, except state-owned Amharic and English dailies and the privately owned Daily Monitor. Government-controlled media closely reflected the views of the government and ruling EPRDF party. The government controlled the only television station that broadcast nationally, which, along with radio, was the primary source of news for much of the population. Two government-owned radio stations covered the entire country, 12 private FM radio stations broadcast in the capital, one FM radio station operated in the Tigray Region, and 49 community radio stations broadcasting in other regions. The state-run Ethiopian Broadcasting Corporation had the largest broadcast range in the country, followed by the Fana Broadcasting Corporation, generally regarded as affiliated with the EPRDF ruling party. There were 31 licensed satellite television stations and 28 radio stations.

The law prohibits political and religious organizations, as well as foreigners from owning broadcast stations.

Violence and Harassment: The government’s arrest, harassment, and prosecution of journalists sharply declined, and imprisoned journalists were released.

On February 23, Oromia regional police detained two journalists from the privately owned online news outlet Mereja Television. Reporter Fasil Aregay and cameraman Habtamu Oda were interviewing individuals displaced by home demolitions when they were detained. Following the detentions, a mob attacked the two journalists in front of the police station in Legetafo.

On July 18, security personnel in Hawassa, the capital of the SNNP Region, arrested Getahun Deguye and Tariku Lemma, managers of the Sidama Media Network, and two board members. Police released one of the board members unconditionally after a few hours while the rest remained detained under allegations they were involved in the July 18 violence in Sidama Zone.

Censorship or Content Restrictions: Many private newspapers reported informal editorial control by the government. Examples of government interference included requests regarding specific stories and calls from government officials concerning articles perceived as critical of the government. Private-sector and government journalists routinely practiced self-censorship.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. At times authorities or armed groups limited the ability of humanitarian organizations to operate in areas of insecurity, such as on the country’s borders.

In-country Movement: Throughout the year local media reported various Amhara-Tigray roadblocks operated by civilians, some of which were still in place as of September. While the roadblocks are not state sanctioned, both regional and federal authorities were unable to open the roads for free movement.

Foreign Travel: The government lifted a ban on the travel of workers to Gulf countries (Saudi Arabia and Qatar) as of October 2018, following the signing of bilateral agreements with those countries. The government had instituted the ban in 2013 following reports of abuse and complaints that employment agencies lured its citizens into working abroad in illegal and appalling conditions. The agreements obligate hosting countries to ensure the safety, dignity, and rights of Ethiopian employees. The agreements also grant insurance for the workers and facilitate support from the government’s representatives in the Gulf.

f. Protection of Refugees

As of July the country hosted 655,105 refugees. Major countries of origin were South Sudan (303,733), Somalia (175,961), Eritrea (100,566), and Sudan (50,777).

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

Employment: On January 17, parliament passed a law greatly expanding the rights of refugees hosted in the country. The Refugee Proclamation grants refugees the right to work, access primary education and financial institutions, obtain drivers’ licenses, and register births, marriages, and deaths. The law provides neither guidance on how the right to work will be implemented in practice, nor who will be eligible.

Durable Solutions: The government welcomed refugees to settle in the country but did not offer a path to citizenship or provide integration. Eritrean refugees were the exception, as they are eligible for out-of-camp status if they are sponsored by an Ethiopian citizen to leave the refugee camp. Refugee students who passed the required tests could attend university with fees paid by the government and UNHCR. In June UNHCR, UNICEF, the Ethiopian Vital Events Registration Agency, and the Agency for Refugees and Returnees Affairs (ARRA) opened the first one-stop-shop in the Bambasi Refugee Camp in Benishangul-Gumuz for refugees to register births, marriages, divorces, and deaths and receive protection referrals and civil documentation in line with the Global Compact on Refugees.

In July UNHCR and ARRA completed a comprehensive Level 3 registration exercise for refugees in the country. The number of recorded refugees decreased as a result from 905,831 to 655,105. Registration was available in Addis Ababa and in all 26 refugee camps. The reasons for the decrease in registered refugees included nomadic lifestyles so they were not present in the camps, removal of double-counted refugees or citizens who registered as refugees during an influx, and some spontaneous returns to South Sudan.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The ruling party’s electoral advantages, however, limited this ability.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption. The government did not implement the law effectively or comprehensively.

Corruption: Corruption, especially the solicitation of bribes, including police and judicial corruption, remained a problem. Some stakeholders believed government officials manipulated the land allocation process and state- or party-owned businesses received preferential access to prime land leases and credit. The law mandates that the attorney general investigate and prosecute corruption cases.

In January 2017 former prime minister Hailemariam announced the establishment of the Corruption Directorate within the Federal Police Commission with powers to investigate systemic corruption cases. The government’s rationale in establishing the investigation bureau was to increase transparency throughout the government bureaucracy. On January 23, Amhara regional police, with the support of federal police, arrested Bereket Simon on corruption charges associated with mismanagement of the Tiret Endowment in his capacity as board chairman. On May 7, the federal attorney general charged former NISS director Getachew Assefa with grand corruption under the Corruption Crimes Proclamation.

Financial Disclosure: The law requires all government officials and employees to register their wealth and personal property. The law includes financial and criminal sanctions for noncompliance. The Federal Ethics and Anticorruption Commission holds financial disclosure records. By law any person who seeks access to these records may make a request in writing; access to information on family assets may be restricted unless the commission deems the disclosure necessary.

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

On February 5, parliament approved a heavily revised, and strengthened, CSP (Proclamation No. 1113/2019) commonly referred to as the CSO law. The new law removes restrictions that had severely limited foreign government and private sector funding to any advocacy civil society organization. The law also permits foreign volunteers to work in CSOs for up to one year.

During the year a few domestic human rights groups operated. The resource-challenged HRCO is the country’s sole local, independent human rights group with investigative capabilities. It is a membership-based, nonpartisan, nongovernmental, and not-for-profit entity. It has submitted more than 100 reports since it was formed in 1991. Its reports during the year documented ethnically motivated attacks, clashes, and displacement.

The government was generally distrustful and wary of domestic and international human rights groups and observers, but that attitude and distrust appeared to be changing. State-controlled media were critical of international human rights groups such as Human Rights Watch. In August 2018 four local charities and rights organizations launched a new rights group, the Consortium of Ethiopian Rights Organizations, which focuses on advocacy for human rights groups and broader space for rights-advocacy groups to operate.

In July the former diaspora-based rights group, the Human Rights League of the Horn of Africa, began operations in the country after registering under the new CSO law. In July the Ethiopian Human Rights Project, previously an offshore rights group, returned to the country and registered as the Center for Advancement of Rights and Democracy to work on rights awareness creation, monitoring and advocacy for democratization, and respect of human rights. In January the federal Charities and Societies Agency registered and licensed a newly formed local rights group, Lawyers for Human Rights.

The government denied most NGOs access to federal prisons, police stations, and other places of detention. The government did permit the JPA-PFE to visit prisoners; this organization had an exemption enabling it to raise unlimited funds from foreign sources and to engage in human rights advocacy. Some other NGOs played a positive role in improving prisoners’ chances for clemency.

Authorities limited access of human rights organizations, media, humanitarian agencies, and diplomatic missions in certain geographic areas. The government continued to lack a clear policy on NGO access to sensitive areas, leading regional government officials and military officials frequently to refer requests for NGO access to federal government authorities. Officials required journalists to register before entering sensitive areas and in some cases denied access. There were reports of regional police or local militias blocking NGO access to particular locations, in particular in locations with IDPs, for a specific period, citing security risks.

Government Human Rights Bodies: The Office of the Ombudsman has the authority to investigate complaints of administrative mismanagement by executive branch offices and officials, including investigation into prison conditions. The office reported to parliament that it received 853 complaints between July 2018 and January, of which 455 were outside its mandate. It opened investigations into 488 cases and found no administrative mismanagement in 262 of them. The remaining complaints were pending investigation for six months in January. Parliament’s Legal, Justice, and Democracy Affairs Standing Committee rated the performance of the office as unsatisfactory.

The EHRC conducted research on the human rights situation and investigated human rights violations in the Somali and Oromia conflicts, as well as the conflict between West Guji Zone in Oromia and the Gedeo Zone in the SNNP Region. The commission did not publicize the findings of these reports. The EHRC reported its branch office in Jijiga resumed operations in September 2018, one month after a group of youth and regional security forces attacked it during the wide-ranging violence in August 2018.

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

While the government’s political transformation contributed to a reduction in the number of deaths from engagement with government forces, violence between communities and among citizens began to rise.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide workers, except for civil servants and certain categories of workers primarily in the public sector, with the right to form and join unions, bargain collectively, and conduct legal strikes. Other provisions and laws severely restrict these rights. The law specifically prohibits managerial employees, teachers, health-care workers, judges, prosecutors, security-service workers, domestic workers, and seasonal agricultural workers from organizing unions. The law requires employers guilty of antiunion discrimination to reinstate workers dismissed for union activities, and they generally did so.

A minimum of 10 workers is required to form a union. While the law provides all unions with the right to register, the government may refuse to register trade unions that do not meet its registration requirements. The law allows for refusing registration for a union due to the nonpolitical criminal conviction of the union’s leader within the previous 10 years. There were no reports of a refused registration on this basis. The government may unilaterally cancel the registration of a union. Workers may not join more than one trade union per employment. The law stipulates a trade union organization may not act in an overtly political manner. The law allows administrative authorities to seek recourse via court actions to cancel union registration for engaging in prohibited activities, such as political action.

While the law recognizes the right to collective bargaining, this right was severely restricted under the law. Negotiations aimed at amending or replacing a collectively bargained agreement must take place within three months of its expiration; otherwise, the prior provisions on wages and other benefits cease to apply. The law restricts enterprise unions to negotiating wages only at the plant level. Civil servants, including public school teachers, have the right to establish and join professional associations created by the employees but may not bargain collectively. Arbitration procedures in the public sector are more restrictive than in the private sector. The law does not provide for effective and adequate sanctions against acts of interference by other agents in the establishment, functioning, or administration of either workers’ or employers’ organizations.

Although the constitution and law provide workers with the right to strike to protect their interests, the law contains detailed provisions prescribing extremely complex and time-consuming formalities that make legal strike actions prohibitively difficult. The law requires aggrieved workers to attempt to reconcile with employers before striking and includes a lengthy dispute-settlement process. These provisions apply equally to an employer’s right to lock workers out. For an authorized strike, two-thirds of the workers concerned must support such action. If not referred to a court or labor relations board, the union retains the right to strike without resorting to either of these options, provided they give at least 10 days’ notice to the other party and the labor ministry and make efforts at reconciliation.

The law also prohibits strikes by workers who provide essential services, including air transport and urban bus services, electric power suppliers, gasoline station personnel, hospital and pharmacy personnel, firefighters, telecommunications personnel, and urban sanitary workers. The list of essential services goes beyond the International Labor Organization (ILO) definition of essential services. The law prohibits retribution against strikers, but it also provides for civil or criminal penalties against unions and workers convicted of committing unauthorized strike actions. If the provisions of the penal code prescribe more severe penalties, the punishment codified in the penal code becomes applicable. Any public servant who goes on strike, who urges others to go on strike, or who fails to carry out his or her duties in a proper manner, to the prejudice of state, public, or private interest, is subject to imprisonment that involves forced labor.

The government did not effectively enforce the laws protecting labor rights. Despite the law prohibiting antiunion discrimination, unions reported employers terminated union activists. The law prohibits retribution against strikers, but authorities arrested nine air traffic controllers for striking. The government did not effectively enforce applicable laws, and penalties were not sufficient to deter violations. The informal labor sector, including domestic workers and seasonal agricultural workers, was not unionized or protected by labor laws. The law defines workers as persons in an employment relationship. Lack of adequate staffing prevented the government from effectively enforcing applicable laws for those sectors protected by law. Court procedures were often subject to lengthy delays and appeals. Labor officials reported that high unemployment, fear of retribution, and long delays in hearing labor cases deterred workers from participating in strikes or other labor actions.

Two-thirds of union members belonged to organizations affiliated with the government-controlled Confederation of Ethiopian Trade Unions. The National Teachers Union remained unregistered.

Although rarely reported, antiunion activities occurred. There were media reports that some major foreign investors generally did not allow workers to form unions, often transferred or dismissed union leaders, and intimidated and pressured members to leave unions. Lawsuits alleging unlawful dismissal often took years to resolve because of case backlogs in the courts.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor but permits courts to order forced labor as a punitive measure. The government did not effectively enforce the law, and forced labor occurred.

In 2015 the federal government enacted a comprehensive overhaul of its antitrafficking penal code. The code prescribes harsh penalties for conviction of human trafficking and exploitation, including slavery, debt bondage, forced prostitution, and servitude. The penalties served as a deterrent, especially when paired with increased law enforcement attention to the abuse. Police at the federal and regional levels received training focused on human trafficking and exploitation.

Adults and children, often under coercion, engaged in street vending, begging, traditional weaving of hand-woven textiles, or agricultural work. Children also worked in forced domestic labor. Situations of debt bondage also occurred in traditional weaving, pottery making, cattle herding, and other agricultural activities, mostly in rural areas.

The government sometimes deployed prisoners to work outside the prisons for private businesses, a practice the ILO stated could constitute compulsory labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The government did not effectively enforce the applicable laws, and penalties were not sufficient to deter violations.

By law the minimum age for wage or salaried employment is 14. The minimum age provisions, however, apply only to contractual labor and do not apply to self-employed children or children who perform unpaid work, who constituted the vast majority of employed children. The law prohibits hazardous or night work for children between the ages of 14 and 18. The law defines hazardous work as any work that could jeopardize a child’s health. Prohibited work sectors include passenger transport, work in electric generation plants, factory work, underground work, street cleaning, and many other sectors. Hazardous work restrictions, however, do not cover traditional weaving, a form of work in which there is use of dangerous machinery, equipment, or tools. The law expressly excludes children younger than 16 attending vocational schools from the prohibition on hazardous work. The law does not permit children between the ages of 14 and 18 to work more than seven hours per day, between 10 p.m. and 6 a.m., or on public holidays or rest days.

Child labor remained a serious problem (see also section 7.b.), and significant numbers of children worked in prohibited, dangerous work sectors, particularly construction.

School enrollment was low, particularly in rural areas. To reinforce the importance of attending school, joint NGO, government, and community-based awareness efforts targeted communities where children were heavily engaged in agricultural work. The government invested in modernizing agricultural practices and constructing schools to combat the problem of child labor in agricultural sectors.

In both rural and urban areas, children often began working at young ages. Child labor was particularly pervasive in subsistence agricultural production, traditional weaving, fishing, and domestic work. A growing number of children worked in construction. Children in rural areas, especially boys, engaged in activities such as cattle herding, petty trading, plowing, harvesting, and weeding, while girls collected firewood and fetched water. Children worked in the production of gold. In small-scale gold mining, they dug mining pits and carried heavy loads of water. Children in urban areas, including orphans, worked in domestic service, often for long hours, which prevented many from attending school regularly. Children also worked in manufacturing, shining shoes, making clothes, parking, public transport, petty trading, as porters, and directing customers to taxis. Some children worked long hours in dangerous environments for little or no wages and without occupational safety protection. Child laborers often faced abuse at the hands of their employers, such as physical, sexual, and emotional abuse.

Traffickers exploited girls from impoverished rural areas, primarily in domestic servitude and commercial sex within the country.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, ethnicity, national origin nationality, gender, marital status, religion, political affiliation, political outlook, pregnancy, socioeconomic status, disability, or “any other conditions.” The law prohibits discrimination in respect of employment and occupations, but authorities enforced these rights unevenly. The law specifically recognizes the additional burden on pregnant women and persons with disabilities. The penalty for conviction of discrimination on any of the above grounds is insufficient to deter violations. The government took limited measures to enforce the law. Sexual orientation, gender identity, and HIV-positive status have no basis for protection under the law.

Discrimination in employment and occupation occurred with respect to women, who had fewer employment opportunities than did men, and the jobs available did not provide equal pay for equal work. Discrimination in employment and occupation occurred against sexual orientation, gender identity, or both.

Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

There is no national minimum wage. Some government institutions and public enterprises set their own minimum wages. Public-sector employees, the largest group of wage earners, earned a monthly minimum wage that was above the poverty line. Overall, the government did not effectively enforce wage laws.

The law provides for a 48-hour maximum legal workweek with a 24-hour rest period, premium pay for overtime, and prohibition of excessive compulsory overtime. Four conditions allow employers to make use of overtime work: urgency of the task, danger, absence of an employee, and lack of alternatives. Additionally, employers may not engage their employees in overtime work exceeding two hours a day, 20 hours a month, and 100 hours a year. The law entitles employees in public enterprises and government financial institutions to overtime pay; civil servants receive compensatory time off for overtime work.

The government, industries, and unions negotiated occupational safety and health standards, which do not fully address worker safety in many industries. Workers specifically excluded by law from unionizing, including domestic workers and seasonal agricultural workers, generally did not benefit from health and safety regulations in the workplace.

The labor ministry’s inspection department was responsible for enforcement of workplace standards. Occupational safety and health measures were not effectively enforced. The ministry carried out regular labor inspections to monitor compliance, but the government had an inadequate number of labor inspectors to enforce the law. The ministry’s severely limited administrative capacity; lack of an effective mechanism for receiving, investigating, and tracking allegations of violations; and lack of detailed, sector-specific health and safety guidelines hampered effective enforcement of these standards. In 2018 the ministry completed 46,000 inspections, and it was clear that responsibility for identifying unsafe situations resides with labor inspectors.

Only a small percentage of the population, concentrated in urban areas, was involved in wage-labor employment. Wages in the informal sector generally were below subsistence levels.

Compensation, benefits, and working conditions of seasonal agricultural workers were far below those of unionized permanent agricultural employees. The government did little to enforce the law. Most employees in the formal sector worked a 39-hour workweek. Many foreign, migrant, and informal laborers worked more than 48 hours per week.

Hazardous working conditions existed in the agricultural sector, which was the primary base of the country’s economy. There were also reports of hazardous and exploitative working conditions in the construction and industrial sectors, although data on deaths and injuries were not available.

Gabon

Executive Summary

Gabon is a republic with a presidential form of government dominated by the Gabonese Democratic Party (PDG) and headed by President Ali Bongo Ondimba, whose family has held power since 1967. Bongo Ondimba was declared winner of the 2016 presidential election. Observers noted numerous irregularities, including a questionable vote count in Bongo Ondimba’s home province. The government forcibly dispersed violent demonstrations that followed the election. In the October 2018 legislative elections, the PDG won 100 of 143 National Assembly seats. The African Union observer mission did not comment on whether the elections were free and fair but noted some irregularities. Some opposition parties boycotted the elections; however, fewer did so than in the last legislative elections in 2011.

The National Police Forces (FPN), under the Ministry of Interior, and the gendarmerie, under the Ministry of Defense, are responsible for law enforcement and public security. Elements of the armed forces and the Republican Guard, an elite unit that protects the president under his direct authority, sometimes performed internal security functions. Civilian authorities generally maintained effective control over the national police, gendarmerie, Republican Guard, and all other branches of the security forces, and the government had mechanisms to investigate and punish those found responsible for abuse and corruption.

Significant human rights issues included: harsh and life-threatening prison conditions; political prisoners; the worst forms of restrictions on free expression; substantial interference with the rights of peaceful assembly; significant restrictions on freedom of movement; restrictions on political participation; significant acts of official corruption; criminalization of consensual same-sex sexual conduct between adults; violence against women and girls with inadequate government action for prosecution and accountability; trafficking in persons; and forced labor, including forced child labor.

The government took some steps to prosecute officials and punish those convicted of abuses. Nevertheless, impunity remained a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. Nevertheless, on March 20, the High Authority of Communication (HAC) suspended five media outlets, including the newspapers LAube on April 10 and Echos du Nord in March. HAC suspended LAube for six months for defamation and misleading information related to former high representative for the president Maixent Accrombessi. Following two 2018 suspensions, Echos du Nord was suspended for four months for defamation of the president of the Constitutional Court.

Press and Media, Including Online Media: Independent media were active, but authorities occasionally used libel and slander laws to restrict media criticism of the government. The country’s sole daily newspaper, LUnion, was progovernment. All newspapers, including government-affiliated ones, criticized the government and political leaders of both opposition and progovernment parties. The country had both progovernment and opposition-affiliated broadcast media. According to NGO Reporters without Borders, domestic law on freedom of expression and media freedom did not meet international standards.

Violence and Harassment: There were no cases of journalists being harassed or intimidated, although some journalists reported they received anonymous instructions or calls from persons suspected of being connected with the government not to report on certain issues.

Censorship or Content Restrictions: Most newspaper owners had either a progovernment or a pro-opposition political bias. Print journalists practiced occasional self-censorship to placate owners. In September HAC suspended the online daily Gabon Review for three months because it published an editorial critical of HAC and ordered internet providers to block access to its site.

Libel/Slander Laws: Libel and slander may be treated as either criminal or civil offenses. Editors and authors of articles ruled libelous in a court of law may be jailed for two to six months and fined 500,000 to five million CFA francs ($849 to $8,489). Penalties for conviction of libel, disrupting public order, and other offenses also include a one- to three-month publishing suspension for a first offense and three- to six-month suspension for repeat offenses.

There was evidence that in several cases libel laws were applied to discourage or punish critical coverage of the government. For example, on March 20, HAC issued a four-month suspension to Echos du Nord. HAC suspended several media outlets for commentary on the president’s health it stated was derogatory and banned other media from covering political activities during the suspension period.

b. Freedoms of Peaceful Assembly and Association

The government limited freedom of peaceful assembly but not freedom of association.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. Nevertheless, since January 2018 the government prevented opposition leader Jean Ping from traveling abroad by court order based on Ping’s refusal to appear in court as a witness for questioning regarding another opposition leader. On August 23, without explanation authorities also prohibited Leon Paul Ngoulakia of the Coalition for the New Republic from traveling abroad.

In-country Movement: Although there were no legal restrictions on freedom of internal movement, military and police personnel and gendarmes stopped travelers at checkpoints to check identity, residence, or registration documents and on some occasions to solicit bribes. Refugees required a travel document endorsed by the Office of the UN High Commissioner for Refugees (UNHCR) and government authorities to circulate freely within the country.

Foreign Travel: The law requires a married woman to have her husband’s permission to obtain a passport and to travel abroad. The law prohibits individuals under criminal investigation from leaving the country. Most holders of a residence permit and refugees need an exit visa to leave from and return to the country. Exit visas were not always issued promptly, which impeded persons’ ability to depart.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. Despite efforts by the government and UNHCR to reduce discrimination, refugees complained of harassment and extortion by security force members. Some security force members harassed asylum seekers or refugees working as merchants, service-sector employees, and manual laborers and, in order to extort bribes, refused to recognize valid documents held by refugees and asylum seekers.

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

Access to Basic Services: The law provides refugees equal access to public services, although there were reports that in some cases school and hospital employees improperly required refugees to pay additional fees. The National Health Insurance and Social Welfare Fund did not provide services to refugees.

Durable Solutions: The nationality code allows refugees to apply for naturalization; however, the process is long and expensive, costing 1.2 million CFA francs ($2,037). At age 18 children born in the country of refugee parents may apply for citizenship.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage; however, international monitors of the 2016 presidential election observed anomalies. The governing party has dominated all levels of government for five decades. Citizens participated in presidential, legislative, and municipal elections.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials, but the government did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity. Some police were inefficient and corrupt. Police, gendarmes, and military members sought bribes to supplement their salaries, often while stopping vehicles at legal roadblocks to check vehicle registration and identity documents. In February 2018 taxi drivers held a strike to protest higher fuel prices and police harassment, including exacting bribes.

Corruption: There were numerous reports of official corruption during the year similar to the following example. On May 21, then vice president Pierre Claver Maganga Moussavou and then minister of water and forestry Guy Bertrand Mapangou were removed from office for involvement in the harvesting and exportation of timber from protected tree species. As of September they had yet to be indicted.

In 2017 the government launched an anticorruption campaign. A number of officials, including several directors of agencies, a minister, and two former ministers, were arrested on corruption charges. For example, former minister of economy and presidential advisor Magloire Ngambia and Minister of Petrol and Hydrocarbons Etienne Dieudonne Ngoubou were arrested and charged with corruption. In October 2018 Ngoubou was released on bail, but Ngambia remained in detention at year’s end.

Financial Disclosure: The law requires executive-level civil servants and civil servants who manage budgets to disclose their financial assets to the National Commission against Illicit Enrichment within three months of assuming office. Most officials complied, but some attempted to withhold information. The government did not make these declarations available to the public. There are administrative sanctions for noncompliance, but they were not enforced.

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

A number of domestic human rights groups operated, albeit with government restrictions, investigating and publishing their findings on human rights cases. Several human rights NGOs reported governmental intimidation and a general lack of responsiveness to their views.

Government Human Rights Bodies: The Ministry of Interior and Justice coordinates government efforts to improve respect for human rights, organize human rights training for government officials, and address major human rights problems. The National Human Rights Commission, composed of representatives from civil society, media, religious groups, and the judiciary, had a degree of independence. Commission members provided basic human rights training to police and gendarmes and inspected detention conditions at Libreville police stations.

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 protects the rights of workers to form and join independent unions and to bargain collectively. The law provides for the right to strike, with restrictions. Antiunion discrimination is illegal, and the law provides for reinstatement for workers dismissed for union activities. Unions must register with the government to obtain official recognition, and the government routinely grants registration. Agreements negotiated by unions also applied to nonunion workers.

Strikes may be called only after eight days’ advance notification and only after mandatory arbitration fails. Public-sector employees’ right to strike could be restricted where the government determines that it poses a threat to public safety. The law does not define the essential-services sectors in which strikes are prohibited; however, armed services are prohibited from unionizing and striking. The law prohibits government action against strikers who abide by the notification and arbitration provisions and excludes no groups from this protection. There are no special laws or exemptions from regular labor laws in the country’s two export-processing zones.

The government generally enforced applicable laws. Resources to protect the right to form unions, bargain collectively, and strike were adequate. Penalties for violations of these rights are compensatory, determined on a case-by-case basis, and generally sufficient to deter them. Administrative and judicial procedures were sometimes delayed.

Freedom of association and the right to collective bargaining were not always respected. Some unions were politically active, and the government accused them of siding with opposition parties. The government has sometimes restricted strikes.

Employers created and controlled some unions. Although antiunion discrimination is illegal, some trade unionists in both the public and private sectors complained of occasional discrimination, including the blacklisting of union members, unfair dismissals, and threats to workers who unionized. Trade union representatives complained they experienced hurdles accessing educational establishments during their efforts to represent and defend their members’ interests. Key labor union leaders noted the majority of labor violations stemmed from unwarranted dismissals, occasionally of workers on strike, leaving them without social security and insurance benefits.

In 2017 the Port-Gentil Court of Appeal upheld a judge’s ruling that ordered the revocation of a strike declaration by the National Organization of Oil Industry Employees (ONEP); the judge found ONEP failed to establish minimum service and that the strike constituted an unlawful disturbance. According to a government report submitted to the ILO in May, ONEP did not seek review of the appeal ruling and legal proceedings were closed. In June, however, the ILO requested the government open an independent investigation to establish the facts regarding ONEP’s allegations that police and other security force members dispersed striking workers in 2017 using violent means that produced multiple injuries among striking workers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes trafficking for the purposes of servitude or slavery. The government enforced the law more actively to combat forced labor of children. Penalties reflect the serious nature of the offense and were sufficiently stringent to deter violations.

Resources, inspections, and remediation were inadequate. The lack of sufficient vehicles, budget, and personnel impeded the ability of labor inspectors to investigate allegations of forced labor. Additionally, labor inspectors found it difficult to access family-owned commercial farms and private households due to inadequate roads. The government provided trafficking-in-persons training to law enforcement officers.

Boys were subject to forced labor as mechanics, as well as in work in handicraft shops. Boys and men were subject to forced labor in agriculture, animal husbandry, fishing, and mining. Girls and women were exploited in domestic servitude, market vending, restaurants, and commercial sexual exploitation. Conditions included very low pay and long forced hours. Migrants were especially vulnerable to forced labor (see section 7.c.).

Forced labor of foreign workers employed in special economic zones was reported. In April a UN group of experts raised concerns regarding approximately 40 Indian workers in the Nkok Special Economic Zone who were deceptively recruited and required to work under conditions that may have amounted to forced labor; their travel documents were confiscated.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than 16 without the expressed consent of the Ministry of Employment, Public Administration, Labor, and Professional Training, in charge of Social Dialogue; the Ministry of Education; and the Ministry of Health. The law provides for penalties that were sufficient to deter violations.

The Ministry of Employment, Public Administration, Labor, and Professional Training, in charge of Social Dialogue is responsible for receiving, investigating, and addressing child labor complaints through inspectors. The Interministerial Committee for the Fight against Child Trafficking files and responds to complaints. Complaints are referred to police, who carry out investigations and refer cases to the courts for prosecution.

The government somewhat effectively enforced the law. Children were sometimes subject to forced and exploitive labor in markets, restaurants, and handicraft shops, as well as on farms and in sand quarries. As of September the government organized the repatriation of approximately 22 foreign children exploited in trafficking.

Child labor remained a problem. Noncitizen children were more likely than were children of citizens to work in informal and illegal sectors of the economy, where laws against child labor were seldom enforced. An unknown number of children, primarily noncitizens, worked in marketplaces or performed domestic labor. Many of these children were the victims of child trafficking (see section 7.b.). Citizen children, particularly street children, also worked in the informal sector.

Child laborers generally did not attend school, received only limited medical attention, and often experienced exploitation by employers or foster families. In an effort to curb the problem, police often fined the parents of children who were not in school. Laws forbidding child labor covered these children, but abuses often were not reported.

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

d. Discrimination with Respect to Employment and Occupation

The labor code prohibits discrimination with respect to employment and work conditions based on race, color, sex, religion, political opinion, disability, national origin or citizenship, or social background. It does not address discrimination based on sexual orientation, gender identity, age, or language. The government did not effectively enforce the law. No specific law requires equal pay for equal work, and women’s pay lagged behind that of men. Discrimination in employment occurred with respect to indigenous persons, persons with disabilities, persons with HIV/AIDS, and LGBTI persons. There were reports of labor exploitation of indigenous persons by their Bantu neighbors, who paid them much less than the minimum wage. Undocumented foreign workers frequently experienced wage discrimination and poor work conditions.

e. Acceptable Conditions of Work

The government established a national monthly minimum wage that was above the official poverty line. Authorities did not enforce wage laws adequately, although workers could file suit if they received less than the minimum wage. Labor inspections were infrequent. Minimum wage laws were not enforced in the informal sector, which accounted for the vast majority of workers.

The labor code stipulates a 40-hour workweek with a minimum rest period of 48 consecutive hours. The law also provides for paid annual holidays. Employers must compensate workers for overtime work as determined by collective agreements or government regulations. By law the daily limit for compulsory overtime may be extended from 30 minutes to two hours to perform specified preparatory or complementary work, such as starting machines in a factory or supervising a workplace. It also may be extended for urgent work to prevent or repair damage from accidents. The daily limit does not apply to establishments in which work is continuous or to establishments providing retail, transport, dock work, hotel and catering services, housekeeping, security services, medical establishments, domestic work, and journalism.

The Ministry of Health establishes occupational safety and health standards. The Ministry of Employment, Public Administration, Labor, and Professional Training, in charge of Social Dialogue is responsible for enforcing minimum wage, overtime, and safety and health standards in the formal sector. The number of labor inspectors was not sufficient to enforce compliance. Employers generally respected minimum wage standards. Formal-sector employees could submit complaints regarding overtime or health and safety standards, and the ministry’s labor inspectors investigated such complaints. The government penalized violations with a range of fines that contributed to deterring them. In the formal sector, workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The government did not enforce labor code provisions in the informal economy or in sectors where the majority of the labor force was foreign, such as in the mining and timber sectors. Employers obliged foreign workers to work under substandard conditions, dismissed them without notice or recourse, and often physically mistreated them. Employers frequently paid noncitizens less than they paid citizens for the same work and required them to work longer hours, often hiring them on a short-term, casual basis to avoid paying taxes, social security contributions, and other benefits.

Gambia

Executive Summary

The Gambia’s constitution enumerates a full range of provisions and assurances for a multiparty democratic republic. In 2016 Adama Barrow, the consensus candidate of a coalition of seven opposition political parties, defeated incumbent president Yahya Jammeh in what international observers deemed a peaceful and credible election. Barrow was initially sworn into office in January 2017 in Dakar, Senegal, during a six-week political impasse when Jammeh refused to cede power. President Barrow was sworn into office again in the Gambia the following month after a peaceful regional and international intervention, led by Economic Community of West African States (ECOWAS) member countries, resulted in the former president departing for exile. In the 2017 parliamentary elections, the United Democratic Party won 31 of the 53 seats contested. International and domestic observers considered these elections to be free and fair.

The Gambia Police Force maintains internal security and reports to the minister of interior. The Gambia Armed Forces (GAF) consist of four branches: the Gambia National Army, the Gambia Navy, the Republican National Guard, and the Gambia Air Force. The GAF’s principal responsibilities are to defend the territorial integrity of the country, to aid civil authorities in emergencies, and to provide natural disaster relief assistance in agriculture, engineering, health and education. The chief of the defense staff administers the GAF and reports through the minister of defense to the president as commander in chief. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: harsh and potentially life-threatening prison conditions; lack of accountability in cases involving violence against girls and women, including rape and widespread female genital mutilation/cutting (FGM/C); trafficking in persons; and criminalization of consensual same-sex sexual conduct between adults, although the law was not enforced.

The government took steps to investigate, prosecute, or otherwise hold accountable some officials who committed abuses. Nevertheless, impunity and a lack of consistent enforcement continued to occur.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Police and immigration personnel frequently set up security checkpoints. Individuals found to be without proper identification documentation were subject to detention or forced to pay bribes.

f. Protection of Refugees

Access to Asylum: The law provides for granting refugee status. The Gambia Commission for Refugees worked with the Office of the UN High Commissioner for Refugees on protection of refugees.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, and the government generally implemented the law; however, in prior years officials sometimes engaged in corrupt practices with impunity.

Corruption: There were no reports of high-level official corruption during the year.

In 2017 the Barrow administration set up a commission of inquiry to probe the financial dealings of former president Jammeh. On March 29, the commission presented its final report to the president, and on September 13, it was released to the public. Its findings revealed a “disproportionate amount of resources was wasted, misappropriated and diverted by former president Jammeh amounting to at least D1.06 billion dalasi ($304 million) and as a consequence (Jammeh) should be charged with theft, economic crimes and corruption.” Based on report findings, the government seized businesses, real property and other assets from Jammeh and some of his associates. Additionally, some former officials are barred from holding public office for specified periods up to lifetime.

Financial Disclosure: The law requires income and asset disclosure statements from both appointed and elected public officials; however, it does not stipulate sanctions for noncompliance. No government agency is mandated to monitor and verify financial disclosures. Declarations are not released to the public.

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

Several domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Among these were the #Jammeh2Justice campaign to have the Ghanaian and Gambian governments try former president Jammeh for the 2005 killings of irregular migrants–among them 44 Ghanaians–and the Victims Center that supports the TRRC and assists victims of Jammeh-era human rights abuses.

Government officials were usually cooperative and responsive to issues raised by human rights groups during the year. Despite the Barrow administration’s 2017 pledge to create a more conducive environment for NGOs, the law continues to require NGOs to register with the National Advisory Council. It provides the council with the authority to deny, suspend, or cancel the right of any NGO (including international NGOs) to operate in the country. The council did not take actions against any NGO during the year.

In 2017 the TRRC was established to address human rights abuses during the 22-year rule (1994-2016) of former president Jammeh. During the year the TRRC conducted hearings at which more than 100 witnesses testified to multiple instances of human rights abuses by the Jammeh government, including killings, torture, arbitrary detention, sexual violence, and forced disappearances. Witnesses included members of the Junglers hit squad who admitted to committing gross human rights abuses.

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

The constitution and law provide for equality of all persons; no person shall be treated in a discriminatory manner because of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status. Legal provisions against discrimination do not apply to adoption, marriage, divorce, burial, and inheritance of property. The law prohibits discrimination in employment, access to credit, owning and managing a business, or in housing or education.

There were no reports the government failed to enforce the law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers, except for civil servants, domestic workers, and certain other categories of workers excluded from the protection of the law, are free to form and join independent unions, bargain collectively, and conduct legal strikes. A broad range of essential service employees, including in the military, police, health, ambulance, prison, water and electricity services, and radio and telecommunication services sectors, are prohibited from forming unions or going on strike. Additionally, the law authorizes the minister responsible for labor matters to exclude any other category of workers from the protection of the law. Unions must register to be recognized. The law requires a minimum membership of 50 workers for the registration of a trade union, a threshold few workplaces could meet. The law also provides that the registrar of unions may examine without cause the financial accounts of workers’ associations.

The law restricts the right to strike by requiring unions to give the commissioner of labor written notice 14 days before beginning an industrial action (28 days for actions involving essential services). Police and military personnel had access to a complaints unit, and civil servants could take their complaints to the public service commission or the government’s personnel management office. An employer may apply for a court injunction to prohibit industrial action deemed to be in pursuit of a political objective. The court also may forbid action judged to be in breach of a collectively agreed procedure for settlement of industrial disputes. The law prohibits retribution against strikers who comply with the law regulating strikes. Employers may not fire or discriminate against members of registered unions for engaging in legal union activities, and the law provides for reinstatement of workers fired for union activity. The law also sets minimum contract standards for hiring, training, and terms of employment and provides that contracts may not prohibit union membership.

The government did not effectively enforce the law and there were persistent abuses of freedom of association. Resources, inspections, and remediation were inadequate. Penalties did not serve as a deterrent, because they were rarely applied.

Although trade unions were small and fragmented, collective bargaining took place. Union members were able to negotiate without government interference; however, they lacked experience, organization, and professionalism and often turned to the government for assistance in negotiations. The Department of Labor registered most collective agreements, which remained valid for three years and were renewable.

There were no reports of violations of collective bargaining rights or of employers refusing to bargain, bargaining with unions not chosen by workers, or using other hiring practices to avoid hiring workers with bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced or compulsory labor, including that of children, but the government did not effectively enforce the law. The law sets forth general employment protections, including contractual rights, freedom of association, the right to collective bargaining, and disciplinary procedures in the workplace, among other important labor regulations. Domestic laborers were not protected under the national labor law, however, which rendered them vulnerable to exploitation. Penalties were insufficient to deter violations.

According to the International Labor Organization, the right of public service employees to quit is unclear, making it possible they could be forced to work. In addition military service members may be compelled to undertake work that is not purely military in character, including in agriculture, engineering, health, and education. Women and children were subjected to human trafficking primarily for domestic labor and commercial sexual exploitation.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all the worst forms of child labor. The constitution prohibits economic exploitation of children younger than age 16, and regulations prohibit children younger than 18 from engaging in exploitive labor or hazardous employment, including mining and quarrying, going to sea, carrying heavy loads, operating heavy machinery, and working in establishments serving alcohol. The law sets the minimum age at 16 for light work and at 12 for apprenticeship in the informal sector.

The penalties for conviction of child labor law violations are not sufficient to deter violations. The Department of Labor is responsible for enforcing child labor laws and conventions on the worst forms of child labor, but it did not effectively do so. The government took no action to prevent or combat child labor during the year. The labor commissioner registered employee labor cards, which include a person’s age; the law authorizes the commissioner to enforce child labor laws. Enforcement inspections rarely took place and when they took place, no one was prosecuted.

Child labor in the informal sector was largely unregulated. Rising school fees combined with stagnating incomes prevented some families from sending their children to school, contributing to the vulnerability of children to child labor. Additionally, many children completed nine years of compulsory schooling at age 14, rendering them vulnerable to child labor. In urban areas some children worked as street vendors, domestic laborers, or taxi and bus assistants. There were a few instances of children begging on the streets, including cases of forced begging. Children between ages 14 and 17 also worked in carpentry, masonry, plumbing, tailoring, and auto repair. Children in rural areas worked on family farms.

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

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on race, color, gender, language, religion, political or other opinion, national or social origin, disability, sex, property, birth, or other status. The law defines the criteria that prohibit discrimination with respect to employment and occupation, and the government effectively enforced the law in the formal sector. Penalties were sufficient to deter violations.

Employment in the formal sector was open to women at the same salary rates as men, and no statutory discrimination existed in other kinds of employment; however, societal discrimination lingered, and women generally worked in such low-wage pursuits as food vending and subsistence farming. The law also prohibits discrimination in private companies certified by the Department of Labor.

There were no official reports of discriminatory practices with respect to employment or occupation. The International Labor Organization reported the government generally supported elimination of employment discrimination.

e. Acceptable Conditions of Work

Collective bargaining, arbitration, or agreements reached between unions and management determined union members’ wages, which generally exceeded legal minimums. The minimum wage was less than the World Bank’s international poverty line, although it was above the government’s national poverty baseline. Employers paid most workers above the minimum wage. Most citizens did not live on a single worker’s earnings and shared resources within extended families. The Department of Labor is responsible for enforcing the minimum wage; however, the government did not effectively enforce the law and penalties for violations were insufficient and rarely enforced. Most workers were employed in the private sector or were self-employed, often in agriculture where labor laws were not enforced.

The basic legal workweek is 48 hours within a period not to exceed six consecutive days. The government’s workweek consists of four eight-hour workdays Monday through Thursday and a four-hour workday on Friday. The private sector typically operates from Monday through Saturday. Regulations mandate a 30-minute lunch break. Regulations entitle government employees to one month of paid annual leave after one year of service. The government does not pay most government employees overtime compensation. Government workers holding temporary positions and private-sector workers, however, receive overtime pay calculated at time and a half per hour. There is no exception for foreign or migrant workers.

The law specifies appropriate safety equipment an employer must provide to employees working in designated occupations. The law also authorizes the Department of Labor to regulate factory health and safety, accident prevention, and dangerous trades and to appoint inspectors to provide for compliance with occupational safety and health (OSH) standards. Workers may demand protective equipment and clothing for hazardous workplaces and have recourse to the Labor Department for violations of OSH standards. The law protects foreign workers employed by the government; however, it provides protection for privately employed foreigners only if they have a valid work permit.

The government did not effectively enforce the law. Penalties were seldom applied and did not deter violations particularly in the construction sector. Court remedies were lengthy, expensive, and generally ineffective. The number of labor inspectors was insufficient to enforce compliance. Wage and safety standards were not enforced in the informal sector, which included most workers.

Ghana

Executive Summary

Ghana is a constitutional democracy with a strong presidency and a unicameral 275-seat parliament. Presidential and parliamentary elections conducted in 2016 were peaceful, and domestic and international observers assessed them to be transparent, inclusive, and credible.

The police, under the Ministry of the Interior, are responsible for maintaining law and order, but the military continued to participate in law enforcement activities in a support role, such as by protecting critical infrastructure. A separate entity, the Bureau of National Investigations, handles cases considered critical to state security and answers directly to the Ministry of National Security. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included: arbitrary or unlawful killings by the government or its agents; harsh and life-threatening prison conditions; violence against journalists including assaults, death threats and one journalist shot and killed; censorship of a free press including arrests and the closure of two radio stations for ostensible licensing irregularities; corruption in all branches of government; crimes of violence against women and girls, to which government negligence significantly contributed; infanticide of children with disabilities; criminalization of same-sex sexual conduct, although rarely enforced; and forced child labor.

The government took some steps to address corruption and abuse by officials, whether in the security forces or elsewhere in the government. This included the passage and signing into law in May of the Right to Information Bill that seeks to improve governmental accountability and transparency. Impunity remained a problem, however.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: From January 2018 to May 2019, there were at least 11 cases of attacks on journalists. In March 2018 police assaulted a reporter who had visited the Criminal Investigations Department headquarters to report on the arrest of a political party official. The reporter sustained fractures to his skull. One year later, in March, the journalist’s company, Multimedia Group Limited, filed a lawsuit against the inspector general of police and attorney general for 10 million Ghanaian cedis ($1.9 million) in compensatory damages for the assault. Civil society organizations and law enforcement authorities worked to develop a media-police relations framework to address the increasingly contentious relationship between the entities.

In January unidentified gunmen shot and killed prominent undercover journalist Ahmed Hussein-Suale, following reports from 2018 that a member of parliament had publicly criticized Hussein-Suale and incited violence against him. Hussein-Suale’s investigative crew had produced a film about corruption in the country’s soccer leagues, which included involvement by officials, referees, and coaches. Police questioned the parliamentarian, and reports indicated that authorities arrested several persons and subsequently granted bail. The investigation continued at year’s end.

Another investigative journalist received death threats following the release of his documentary that revealed the presence of a progovernment militia training on government property, despite the administration’s assertions it did not endorse the use of private security firms, and that the group mentioned in the documentary was a job recruitment agency, not a militia.

b. Freedoms of Peaceful Assembly and Association

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

In October police used water cannons and rubber bullets to stop protesting law students demanding reforms to the admissions process for the legal education system. Authorities reportedly arrested between 10 and 13 protesters and subsequently released them. The National Association of Law Students called on the Inspector General of Police (IGP) and the Commission on Human Rights and Administrative Justice (CHRAJ) to “thoroughly investigate this brutal attack.”

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. In a stated effort to curb human trafficking, however, the government in 2017 imposed a ban on labor recruitment to Gulf countries after increased reports of abuse endured by migrant workers. The ban continued during the year. Media investigations revealed some recruitment agencies continued their operations despite the ban.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Gender-based violence remained a problem. According to the Office of the UN High Commissioner for Refugees (UNHCR), as of the end of October, there were 25 incidents of sexual and gender-based violence (SGBV) reported from refugee camps. The government cooperated with UNHCR and other humanitarian offices in providing protection and assistance. For example, UNHCR worked with Department of Social Welfare personnel and Ghana Health Service psychosocial counselors to provide medical, psychosocial, security, and legal assistance where necessary in all the cases reported. Obstacles to holding perpetrators of SGBV accountable for acts conducted in the camps included ineffective access to civil and criminal legal counseling for victims; poor coordination among the Department of Social Welfare, the Legal Aid Commission, and police; and lack of representation for the alleged perpetrator and presumed survivors.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law allows rejected asylum seekers to appeal and remain in the country until an appeal is adjudicated. A four-member appeals committee, appointed by the minister of the interior, is responsible for adjudicating the appeals, but the process continued to be subject to delays.

There were reports of 287 residents of Burkina Faso (called Burkinabe), who fled insecurity, settling in Ghana’s Upper West Region and registering as asylum-seekers in 2018. During the year, according to UNHCR, there were 1,955 new arrivals from Burkina Faso. Preliminary findings from an information-gathering mission conducted by UNHCR and the Ghana Refugee Board indicated these asylum-seekers also fled a deteriorating security situation in Burkina Faso. The government decided to conduct security checks of the Burkinabe before commencing the registration process. As of October the Ghana Refugee Board had not registered any of these Burkinabe.

News reports about the Burkinabe refugees were generally negative, particularly after police arrested a Burkinabe for possessing a loaded pistol in a Catholic church in the Upper West Region.

Employment: Refugees could apply for work permits through the same process as other foreigners; however, work permits were generally issued only for employment in the formal sector, while the majority of refugees worked in the informal sector.

Durable Solutions: In 2011 nearly 18,000 residents of Cote d’Ivoire fled to the country because of political instability following Cote d’Ivoire’s disputed 2010 presidential election. As of August, UNHCR assisted in the voluntary repatriation of 351 Ivoirian refugees–a slow but steady increase the agency attributed to better assistance packages and better information provided to Ivoirians about the situation in their home country. Although the government granted Ivoirian refugees prima facie refugee status during the initial stages of the emergency, by the end of 2012, the government had transitioned to individual refugee status determination for all Ivoirians entering thereafter.

In November 2018 a group of Sudanese refugees camped outside the UNHCR office in Accra for a month and a half, calling for improved assistance related to health, shelter, food, and resettlement. The population is part of a protracted backlog of cases. A decision from the Ministry of Interior regarding possible integration as a durable solution remained pending.

In 2012 UNHCR and the International Organization for Migration assisted with the voluntary repatriation of more than 4,700 Liberians from the country. Approximately 3,700 Liberians opted for local integration. UNHCR and the Ghana Refugee Board continued to work with the Liberian government to issue the Liberians passports, enabling them to subsequently receive a Ghanaian residence and work permit. In 2018 the Liberian government issued 352 passports to this population; it issued no new passports during the year, with an estimated 200 Liberians awaiting documentation. UNHCR Ghana coordinated with its office in Liberia to expedite the process. The Ghana Immigration Service also supported the process by issuing reduced-cost residency permits, including work permits for adults, to locally integrating former Liberian refugees.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by government officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year. Corruption was present in all branches of government, according to media and NGOs, and various reputable national and international surveys, such as the World Bank’s Worldwide Governance Indicators and Afrobarometer, highlighted the prevalence of corruption in the country. In October Transparency International scored the country’s defense sector as being at “very high risk” for corruption, attributed in part to the fact that, despite robust legal frameworks, opacity and lack of implementation of oversight tools weakened protections against corruption.

As of September the CHRAJ had undertaken investigations for 19 cases of corruption, and taken decisions on them for appropriate action.

Following months of advocacy by civil society groups, in March Parliament passed the Right to Information Bill, which had languished for 20 years. In May the president signed it into law, with implementation expected to begin in January 2020. The law is intended to foster more transparency and accountability in public affairs.

In December 2018 the country launched the National Anticorruption online Reporting Dashboard, an online reporting tool for the coordination of all anticorruption efforts of various bodies detailed in the National Anticorruption Action Plan. A total of 169 governmental and nongovernmental organizations have used it to report on various efforts to stem corruption in the country.

Corruption: Authorities suspended the CEO of the Public Procurement Authority in August after a report by an investigative journalist revealed that he awarded contracts to companies he owned or worked with. The president filed a petition with the CHRAJ, requesting it investigate possible breaches of conflict of interest by the CEO. The Office of the Special Prosecutor (OSP) also investigated.

According to the government’s Economic and Organized Crime Office as well as Corruption Watch, a campaign steered by the Ghana Center for Democratic Development, the country lost 9.7 billion cedis ($1.9 billion) to corruption between 2016 and 2018 in five controversial government contracts with private entities. In October deputy commissioner of the CHRAJ stated that 20 percent of the national budget and 30 percent of all procurement done by the state were lost to corruption annually.

There were credible reports police extorted money by acting as private debt collectors, setting up illegal checkpoints, and arresting citizens in exchange for bribes from disgruntled business associates of those detained. A study by the Ghana Integrity Initiative, conducted in 2016 and released in 2017, indicated that 61 percent of respondents had paid a bribe to police.

In 2017 the government established the OSP to investigate and prosecute corruption-related crimes. More than one year after being sworn into office the special prosecutor initiated some investigations but was criticized for lack of action. In the yearly budget the government allocated 180 million cedis ($34.6 million) to the OSP, but only disbursed half. Lack of office space remained a serious constraint on staffing the OSP.

Financial Disclosure: The constitution’s code of conduct for public officers establishes an income and asset declaration requirement for the head of state, ministers, cabinet members, members of parliament, and civil servants. All elected and some appointed public officials are required to make these declarations every four years and before leaving office. The CHRAJ commissioner has authority to investigate allegations of noncompliance with the law regarding asset declaration and take “such action as he considers appropriate.” Financial disclosures remain confidential unless requested through a court order. Observers criticized the financial disclosure regulation, noting that infrequent filing requirements, exclusion of filing requirements for family members of public officials, lack of public transparency, and absence of consequences for noncompliance undermined its effectiveness.

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were often cooperative and responsive to the views of such groups. The government actively engaged civil society and the United Nations in preparation for the country’s third Universal Periodic Review in 2017.

Government Human Rights Bodies: The CHRAJ, which mediated and settled cases brought by individuals against government agencies or private companies, operated with no overt interference from the government; however, since it is itself a government institution, some critics questioned its ability independently to investigate high-level corruption. Its biggest obstacle was lack of adequate funding, which resulted in low salaries, poor working conditions, and the loss of many of its staff to other governmental organizations and NGOs. As of October the CHRAJ had 111 offices across the country, with a total of 696 staff members. Public confidence in the CHRAJ was high, resulting in an increased workload for its staff.

The Office of the IGP and PPSB investigate claims of excessive force by security force members. The PPSB also investigates human rights abuses and police misconduct. As of September the CHRAJ had not received any reports of police beating detainees.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Ghana Labor Act provides for the right of workers–except for members of the armed forces, police, the Ghana Prisons Service, and other security and intelligence agency personnel–to form and join unions of their choice without previous authorization or excessive requirements. The law requires trade unions or employers’ organizations to obtain a certificate of registration and be authorized by the chief labor officer, who is an appointed government official. Union leaders reported that fees for the annual renewal of trade union registration and collective bargaining certificates were exorbitant and possibly legally unenforceable.

The law provides for the right to conduct legal strikes but restricts that right for workers who provide “essential services.” Workers in export processing zones are not subject to these restrictions. The minister of employment and labor relations designated a list of essential services, which included many sectors that fell outside of the essential services definition set by the International Labor Organization (ILO). The list included services carried out by utility companies (water, electricity, etc.), ports and harbors, medical centers, and the Bank of Ghana. These workers have the right to bargain collectively. In these sectors parties to any labor disputes are required to resolve their differences within 72 hours. The right to strike can also be restricted for workers in private enterprises whose services are deemed essential to the survival of the enterprise by a union and an employer. A union may call a legal strike only if the parties fail to agree to refer the dispute to voluntary arbitration or if the dispute remains unresolved at the end of arbitration proceedings. Additionally, the Emergency Powers Act of 1994 grants authorities the power to suspend any law and prohibit public meetings and processions, but the act does not apply to labor disputes.

The Ghana Labor Act provides a framework for collective bargaining. A union must obtain a collective bargaining certificate from the chief labor officer in order to engage in collective bargaining on behalf of a class of workers. In cases where there are multiple unions in an enterprise, the majority or plurality union will receive the certificate but must consult with or, where appropriate, invite other unions to participate in negotiations. The certificate holder generally includes representatives from the smaller unions. Workers in decision-making or managerial roles are not provided the right to collective bargaining under the Labor Act, but they may join unions and enter into labor negotiations with their employers.

The National Labor Commission is a government body with the mandate of ensuring employers and unions comply with labor law. It also serves as a forum for arbitration in labor disputes.

The law allows unions to conduct their activities without interference and provides reinstatement for workers dismissed under unfair pretenses. It protects trade union members and their officers against discrimination if they organize.

The government generally protected the right to form and join independent unions and to conduct legal strikes and bargain collectively, and workers exercised these rights. Although the Labor Act makes specified parties liable for violations, specific penalties are not set forth. An employer who resorts to an illegal lockout is required to pay the workers’ wages. Some instances of subtle employer interference in union activities occurred. Many unions did not follow approved processes for dealing with disputes, reportedly due to the perceived unfair and one-sided application of the law against the unions. The process is often long and cumbersome, with employers generally taking action when unions threaten to withdraw their services or declare a strike. The National Labor Commission faced obstacles in enforcing applicable sanctions against both unions and employers, including limited ability to enforce its mandate and insufficient oversight.

Trade unions engaged in collective bargaining for wages and benefits with both private and state-owned enterprises without government interference. No union completed the dispute resolution process involving arbitration, and there were numerous unsanctioned strikes during the year.

In March 2018 miners at a Tarkwa mine went on strike after their company announced that 2,150 workers would face retrenchment. The Ghana Mineworkers Union (GNWU) called for a series of sympathy strikes. The military used pepper spray and tear gas and fired warning shots to disperse strikers; some strikers were reportedly beaten, and one was hit by a bullet and hospitalized, according to the International Trade Union Confederation. The GNWU claimed that the retrenchments did not follow labor laws or the collective bargaining agreements signed by the union and the mining company. The case was heard by the High Court in Accra, which did not rule in GNWU’s favor; GNWU’s appeal was pending at year’s end.

In June 2018 workers at a pharmaceutical firm went on strike after the company locked them out for attempting to unionize. Workers wanted to create a union to address welfare concerns.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties were insufficient to deter violations.

The government did not effectively enforce the law. The government increased the level of funding and staffing dedicated to combatting human trafficking but did not provide sufficient funding to fully enforce the law. In February the government’s Human Trafficking Secretariat opened the first shelter for adult victims of trafficking.

There were reports of forced labor affecting both children and adults in the fishing sector, as well as forced child labor in informal mining, agriculture, domestic labor, porterage, begging, herding, quarrying, and hawking (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government did not prohibit all of the worst forms of child labor. The law sets the minimum employment age at 15, or 13 for light work unlikely to be harmful to a child or to affect the child’s attendance at school. The law prohibits night work and certain types of hazardous labor for those younger than 18 and provides for fines and imprisonment for violators. The law allows for children age 15 and above to have an apprenticeship under which craftsmen and employers have the obligation to provide a safe and healthy work environment along with training and tools.

Inspectors from the Ministry of Employment and Labor Relations were responsible for enforcing child labor regulations. The government, however, did not carry out these efforts, and penalties were not sufficient to deter violations.

The ILO, government representatives, the Trades Union Congress, media, international organizations, and NGOs continued efforts to increase institutional capacity to combat child labor.

The government continued to work closely with NGOs, labor unions, and the cocoa industry to eliminate the worst forms of child labor in the industry. Through these partnerships the government created several community projects, which promoted awareness-raising, monitoring, and livelihood improvement.

In February 2018 the government approved the National Plan of Action Phase II on the Elimination of the Worst Forms of Child Labor (NPA2). The NPA2 aims to reduce the prevalence of the worst forms of child labor to 10 percent by 2021, and specifically targets the cocoa, fishing, and mining sectors.

Authorities did not enforce child labor laws effectively or consistently. Law enforcement officials, including judges, police, and labor officials, were sometimes unfamiliar with the provisions of the law that protected children.

Children as young as four were subjected to forced labor in the agriculture, fishing, and mining industries, including artisanal gold mines, and as domestic laborers, porters, hawkers, and quarry workers. One child protection and welfare NGO estimated traffickers subjected 100,000 children to forced child labor. NGOs estimate that almost one-half of trafficked children worked in the Volta Region where, in the fishing industry, they engaged in hazardous work, such as diving into deep waters to untangle fishing nets caught on submerged tree roots. The government does not legally recognize working underwater as a form of hazardous work. Officials from the Ministry of Fisheries and Aquaculture Development received training as part of a strategy to combat child labor and trafficking in the fisheries sector.

Child labor continued to be prevalent in artisanal mining (particularly illegal small-scale mining), fetching firewood, bricklaying, food service and cooking, and collecting fares. Children in small-scale mining reportedly crushed rocks, dug in deep pits, carried heavy loads, operated heavy machinery, sieved stones, and amalgamated gold with mercury.

Child labor was present in cocoa harvesting. Children engaged in cocoa harvesting often used sharp tools to clear land and collect cocoa pods, carried heavy loads, and were exposed to agrochemicals, including toxic pesticides. The government did not legally recognize this type of work in agriculture, including in cocoa, as hazardous work for children.

Child laborers were often poorly paid and physically abused, and they received little or no health care. According to the MICS, one in every five children between the ages of five and 17 is engaged in hazardous working conditions, and there were no significant disparities between boys and girls.

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

d. Discrimination with Respect to Employment and Occupation

The government did not effectively enforce prohibitions on discrimination. The law stipulates that an employer cannot discriminate against a person on the basis of several categories, including gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTI persons (see section 6). For example, reports indicated few companies were willing to offer reasonable accommodation to employees with disabilities. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields and accessing education.

e. Acceptable Conditions of Work

A national tripartite committee composed of representatives of the government, labor, and employers set a minimum wage. The minimum wage exceeds the government’s poverty line. Many companies did not comply with the new law. The maximum workweek is 40 hours, with a break of at least 48 consecutive hours every seven days. Workers are entitled to at least 15 working days of leave with full pay in a calendar year of continuous service or after having worked at least 200 days in a particular year. These provisions, however, did not apply to piece workers, domestic workers in private homes, or others working in the informal sector. The law does not prescribe overtime rates and does not prohibit excessive compulsory overtime.

The government sets industry-appropriate occupational safety and health regulations. By law workers can remove themselves from situations that endanger their health or safety without jeopardy to their employment. This legislation covers only workers in the formal sector, which employed approximately 10 percent of the labor force. In practice, few workers felt free to exercise this right.

The Ministry of Employment and Labor Relations was unable to enforce the wage law effectively. The government also did not effectively enforce health and safety regulations, which are set by a range of agencies in the various industries, including but not limited to the Food and Drugs Authority, Ghana Roads Safety Commission, and Inspectorate Division of the Minerals Commission. The law reportedly provided inadequate coverage to workers due to its fragmentation and limited scope. There was widespread violation of the minimum wage law in the formal economy across all sectors. The minimum wage law was not enforced in the informal sector. Legislation governing working hours applies to both formal and informal sectors. It was largely followed in the formal sector but widely flouted and not enforced in the informal sector.

The government did not employ sufficient labor inspectors to enforce compliance. Inspectors were poorly trained and did not respond to violations effectively. Inspectors did not impose sanctions and were unable to provide data as to how many violations they responded to during the year. In most cases inspectors gave advisory warnings to employers, with deadlines for taking corrective action. Penalties were insufficient to enforce compliance.

Approximately 90 percent of the working population was employed in the informal sector, according to the Ghana Statistical Service’s 2015 Labor Force Report, including small to medium-scale businesses such as producers, wholesale and retail traders, and service providers made up of contributing family workers, casual wageworkers, home-based workers, and street vendors. Most of these workers were self-employed.

Sixteen persons died in a mine explosion in January. Thirteen workers suffered electric shock and three were electrocuted when erecting a billboard that fell on a cable.

In March the High Court in Accra ordered a mining company to pay more than 9 million cedis ($1.7 million) in damages in a case concerning the drowning of an employee in 2015. The court found gross negligence on the part of the company for failing to meet health and safety standards.

Guinea

Executive Summary

Guinea is a constitutional democratic republic in the early stages of democracy after decades of authoritarian rule. In 2015 President Alpha Conde won re-election with 58 percent of the vote. The election was generally regarded as free and fair. Legislative elections, last held in 2013 and scheduled for the end of 2018, have been delayed indefinitely. Municipal elections, originally scheduled for 2010, took place in February 2018. The elections were generally considered free and fair, despite allegations of fraud. Protests erupted throughout the country following the release of the results, and opposition parties alleged the ruling party, the Guinean People’s Assembly, conspired to commit voter fraud.

The Ministry of Defense oversees the gendarmerie, and the Ministry of Security oversees the National Police. The gendarmerie and National Police share responsibility for internal security, but only the gendarmerie can arrest police or military officials. The army is responsible for external security but also has some domestic security responsibilities. Civilian authorities maintained effective control over the security forces.

Noteworthy human rights issues included: alleged torture by government security forces to extract confessions; arbitrary arrest and excessive use of force by government security personnel; significant problems with the independence of the judiciary; restrictions on free expression and the press; substantial interference with the rights of peaceful assembly and freedom of association; endemic corruption at all levels of government; frequent rape and violence against women and girls, which rarely led to prosecution; criminalization of same-sex sexual conduct; and forced labor, including forced child labor.

Impunity by government authorities remained a problem. The government took minimal steps to prosecute or punish officials who committed abuses during the year or in years past.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, but there were multiple reports about government efforts to restrict press freedom.

Press and Media, Including Online Media: Independent and opposition-owned media were active and generally expressed a wide variety of views. Print media had limited reach. Radio remained the most important source of information for the public, and numerous private stations broadcast throughout the country. FM radio call-in shows were popular and allowed citizens to express broad discontent with the government. An increase in online news websites reflected the growing demand for divergent views. Nevertheless, allegations against or criticism of the government or ruling party could result in government reprisals, including suspensions, fines, and arrests. During the year there were seven instances of journalists arrested for what they alleged to be harassment for criticizing the government.

Violence and Harassment: There were reports of physical attacks, harassment, and intimidation of journalists by government officials.

On March 26, journalist Lansana Camara, director of online publication Conakry Live, was arrested following accusations by Foreign Minister Mamadi Toure that Camara had defamed him. The accusations stem from an article by Camara concerning possible embezzlement in the ministry’s management of fuel purchases. Camara was released on April 1, after officials at the presidency questioned the arrest and journalists organized a march denouncing it. Camara was put under judicial supervision, limiting his movement to Conakry. As of September 15, he remained under judicial supervision.

Censorship or Content Restrictions: The government penalized media outlets and journalists who broadcast items criticizing government officials and their actions.

Some journalists accused government officials of attempting to influence the tone of their reporting.

In November 2018 the Communications High Authority suspended the accreditation of Mouctar Bah, a correspondent for Radio France International and Agence France Presse, until February 2019. Bah received his new press accreditation in May.

Libel/Slander Laws: Libel against the head of state, slander, and false reporting are subject to heavy fines. Officials used these laws to harass opposition leaders and journalists. Six journalists were arrested and charged with defamation during the year. Journalists alleged the defamation lawsuits targeted people critical of the government in an attempt to silence dissent.

National Security: Authorities used a cybersecurity law to punish journalists and executives at media outlets critical of the government or its officials.

Souleymane Diallo, founder and CEO of Lynx Press Group, and Boubacar Alghassimou Diallo, general manager of Lynx FM Radio, were placed under judicial supervision, limiting their movements to Conakry, following comments by a well known commentator on the Lynx FM radio show. Officials cited the cybersecurity law to justify their actions. The judicial supervision was lifted following protests organized by journalists and press associations.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government allegedly barred public protests.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Police and security forces, however, continued to detain persons at roadblocks to extort money, impeding the free movement of travelers and threatening their safety.

In-country Movement: The government required all citizens older than age 18 to carry national identification cards, which they had to present on request at security checkpoints.

In 2012 the government announced the elimination of all highway roadblocks but declared it would maintain checkpoints along the borders and on certain strategic routes in Conakry. Police and gendarmes, however, set up random checkpoints throughout the capital and the country and routinely asked drivers to pay “tolls” or other illegal fees. Police and gendarmes occasionally robbed and beat travelers at these checkpoints and sometimes threatened them with death.

f. Protection of Refugees

The country hosted refugees from neighboring countries including Cote d’Ivoire, Liberia, and Sierra Leone. As of June the UN High Commissioner for Refugees (UNHCR) recorded 4,433 persons of concern, 3,627 of them Ivoirian refugees. UNHCR continued to provide protection and limited assistance to refugees of extreme vulnerability in Conakry and Macenta in the Kouankan camp by providing medical care and educational support for refugee children. UNHCR and the government through the National Commission for the Integration and Monitoring of Refugees worked on refugee local integration strategies and carried out campaigns to encourage voluntary repatriation. UNHCR worked with the Ivoirian government to encourage the Ivoirian refugees to return to Cote d’Ivoire.

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, stateless persons, asylum seekers, and other persons of concern. An October 2018 law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

There were multiple allegations of corrupt practices by public officials that went unpunished. Officials allegedly diverted public funds for private use or for illegitimate public uses, such as buying expensive vehicles for government workers. Land sales and business contracts generally lacked transparency.

Corruption: Security force corruption was endemic. Police and gendarmes ignored legal procedures and extorted money from citizens at roadblocks, in prisons, and in detention centers. The government reduced the number of road checkpoints, but traders, small business operators, drivers, and passengers were still obliged to pay bribes to pass. Observers noted prisoners paying money to guards in exchange for favors.

In April the general manager of the Ministry of Communications’ Guinean Advertising Office and the administrative and financial manager were convicted of the embezzlement of nearly 40 billion GNF ($4.3 million). The court sentenced them to five years in prison. They were also each ordered to reimburse the stolen money, pay a fine of 50 million GNF ($5,430) each, and pay GNF nine billion ($980,000) together as damages.

Business leaders asserted regulatory procedures were opaque and facilitated corruption.

Financial Disclosure: Public officials are not subject to public disclosure laws. Although they are required to file a nonpublic statement, this requirement was not universally respected. The electoral code bars persons from certain types of financial activity if they are members of or candidates for the National Assembly. They may not be paid by a foreign state; by the CEO, a deputy of a CEO, or the president of a company under state control; or by a shareholder in an enterprise under state control or reliant on state subsidies or other state benefits. Despite these rules, some National Assembly members took state revenues to support their businesses, such as operating schools funded by public tuition. Authorities threatened to cut the state subsidies of some National Assembly members if they did not support the ruling party.

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

Some domestic and international human rights groups monitored and attempted to disseminate information on human rights abuses. They generally operated without government restriction. NGOs are required to renew their permits with the government every three years.

Government Human Rights Bodies: The Ministry of Human Rights and Public Freedoms was disbanded with the reorganization of the government following the 2015 presidential election. In 2014 the government established INIDH to promote human rights awareness and fight impunity. The institution was controversial from its inception because it was set up in a different manner than that prescribed by the law. It continued efforts to establish its credibility.

The Provisional Commission for National Reconciliation, established in 2011 to promote reconciliation concerning human rights abuses committed since independence, presented its final report in 2016. The report recommended that the government establish a permanent truth and reconciliation commission. At year’s end there had been little progress toward the creation of the commission. According to INIDH, a select technical committee was drafting the law to define the profile, mandate, and qualifications for those who will constitute the commission.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law provides for the right of workers to organize and join independent unions, engage in strikes, and bargain collectively, the law also places restrictions on the free exercise of these rights. The labor code adopted in 2016 requires unions to obtain the support of 20 percent of the workers in a company, region, or trade that the union claims to represent in order to strike. The code mandates that unions provide a 10-day notice to the Ministry of Labor before striking, although it allows work slowdowns without notice. Strikes are permitted only for work-related issues; such permission does not extend to government workers, members of the armed forces, or temporary government workers, as these categories do not have the legal right to strike. Despite lacking the right to strike, public-school teachers, port workers, and other government employees have nevertheless gone on strike.

The labor code protects union officials from antiunion discrimination. The code prohibits employers from taking into consideration union membership and activities with regard to decisions about employee hiring, firing, and conduct. It also allows workers 30 days to appeal any labor decisions and provides for reinstatement of any employee fired for union activity.

The Office of the Inspector-General of Work within the Ministry of Labor manages consensus arbitration, as required by law. Employers often imposed binding arbitration, particularly in “essential services.”

Penalties for various labor violations ranged from fines to imprisonment. Included among labor violations in the penal code are forced labor, smuggling illegal workers, and preventing union meetings. The penal code also defines labor crimes to include punishment of workers and employers who subvert national interests or steal trade secrets. Penalties were insufficient to deter violations.

The government did not effectively enforce applicable laws. Resources and inspections were not adequate to ensure compliance, and penalties were not enforced. Information on delays of administrative and judicial procedures was not available.

Worker organizations generally operated independently of government or political party interference. Authorities did not always respect freedom of association and the right to collective bargaining.

According to the International Trade Union Confederation, authorities intensified their crackdown on unions and arbitrarily arrested several union officials while they were conducting union business. Both the general secretary of the Free Union of Teachers and Researchers of Guinea and the deputy general secretary of the General Union of Workers of Guinea were arrested. The general secretary of the port workers’ union was taken into custody during a police raid on the union office and later sentenced to 13 days in jail and a 500,000 GNF ($54) fine.

b. Prohibition of Forced or Compulsory Labor

The law prohibits some types of forced or compulsory labor, and the 2016 criminal code prohibits debt bondage. Prison labor, however, is legal, including for activities related to political and religious expression. The law provides penalties that are insufficient to deter violations. The government did not effectively enforce this law or obtain any convictions for adult forced labor.

Reports indicated adult forced labor was most common in the agricultural sector. Forced child labor occurred as well, and the majority of reported trafficking victims were children (see section 7.c.).

Migrant laborers represented a small proportion of forced labor victims.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits child labor in the formal sector and sets forth penalties of imprisonment and confiscation of resulting profits. The law does not protect children in the informal sector. The law does not prohibit the worst forms of child labor, specifically the law allows for minors to work below the minimum age for employment which is 16. Exceptions allow children to work at age 12 as apprentices for light work in such sectors as domestic service and agriculture and at age 14 for other work. The law, however, does not prescribe the number of hours per week for light work nor specify the conditions under which light work may be undertaken, as defined by international standards on child labor. The law does not permit workers and apprentices younger than 18 to work more than 10 consecutive hours, at night, or on Sundays.

The Ministry of Labor maintained an outdated list of hazardous occupations or activities that may not employ children, but enforcement was limited to large firms in the formal sector. The law does not prohibit hazardous occupations and activities in all relevant child labor sectors, including agriculture. The penal code increases penalties for forced labor if minors are involved, but penalties did not meet international standards, and enforcement was not sufficient to deter child labor violations. Although the child code provides that the laws respect treaty obligations and be regarded as law by the justice system, ambiguity about the code’s validity continued due to the government’s failure to pass implementing legislation.

The Ministry of Labor is responsible for enforcing child labor laws, and it conducted occasional inspections. The government did not effectively enforce the law, and inspections were not adequate. OPROGEM, under the Ministry of Security, is responsible for investigating child trafficking and child labor violations. After making an arrest, police transfer all information to the Ministry of Justice. In 2012 the Ministry of Security set up a new unit specifically focused on child trafficking and child labor. The unit had 30 members and brought five cases to trial in 2012, one in 2013, and four during the first half of 2014. In 2014 the court sentenced three traffickers to four months in prison for trafficking 22 minors to Senegal. Penalties were not sufficient to deter violations.

Boys frequently worked in the informal sectors of subsistence farming, small-scale commerce, forced begging, street vending, shining shoes, and mining. Smaller numbers of girls, mostly migrants from neighboring countries, were subjected to domestic servitude. Forced child labor occurred primarily in the cashew, cocoa, coffee, gold, and diamond sectors of the economy. Many children between ages five and 16 worked 10 to 15 hours a day in the diamond and gold mines for minimal compensation and little food. Child laborers extracted, transported, and cleaned the minerals. They operated in extreme conditions, lacked protective gear, did not have access to water or electricity, and faced a constant threat of disease. Many children did not attend school and could not contact their parents, which may indicate forced labor.

According to a 2011 government study conducted with the International Labor Organization (ILO), 43 percent of all children between ages five and 17 worked, including 33 percent of children ages five to 11, 56 percent between ages 12 and 15, and 61 percent between ages 16 and 17. Of working children, 93 percent were employed in what the ILO defines as hazardous conditions–indicating 40 percent of all children in the country worked in hazardous conditions.

Many parents sent their children to live with relatives or Quranic teachers while the children attended school. Host families often required such children to perform domestic or agricultural labor, or to sell water or shine shoes on the streets. Some children were subjected to forced begging. There was documented evidence of child labor in the production of cashews, cocoa, coffee, diamonds, and gold.

Commercial sexual exploitation of children also occurred (see section 6).

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

d. Discrimination with Respect to Employment and Occupation

The law does not address discrimination based on race, color, national origin or citizenship, social origin, sexual orientation or gender identity, age, language, or HIV-positive status or having other communicable diseases. The government did not effectively enforce the law. Penalties were not sufficient to deter violations.

Discrimination in employment occurred. Although the law requires equal pay for equal work, women received lower pay for similar work (see section 6). Few persons with disabilities had access to work in the formal sector, although some worked in small family businesses; many survived by begging on the streets.

e. Acceptable Conditions of Work

The labor code allows the government to set a minimum monthly wage, enforced by the Ministry of Labor. In 2013 the government exercised this provision for the first time, setting the minimum wage for domestic workers at a rate below the poverty level determined by the World Bank. No minimum wage for other sectors was established.

The law mandates that regular work should not exceed 10-hour days or 48-hour weeks, and it mandates a period of at least 24 consecutive hours of rest each week, usually on Sunday. Every salaried worker has the legal right to an annual paid vacation, accumulated at the rate of at least two workdays per month of work. There also are provisions in the law for overtime and night wages, which are a fixed percentage of the regular wage. The law stipulates a maximum of 100 hours of compulsory overtime a year.

The law contains general provisions regarding occupational safety and health, but the government did not establish a set of practical workplace health and safety standards. Moreover, it did not issue any orders laying out the appropriate safety requirements for certain occupations or for certain methods of work called for in the labor code. All workers, foreign and migrant included, have the right to refuse to work in unsafe conditions without penalty.

The government did not effectively enforce the law. The Ministry of Labor is responsible for enforcing labor standards, and its inspectors are empowered to suspend work immediately in situations deemed hazardous to workers’ health. Inspection and enforcement efforts were insufficient to deter violations. According to the ILO, inspectors received inadequate training and had limited resources. The reported number of employed labor inspectors, however, was sufficient to enforce compliance with labor laws. Retired labor inspector vacancies went unfilled. Inspectors lacked computers and transportation to carry out their duties. Penalties for violation of the labor law were not sufficient to deter violations.

Authorities rarely monitored work practices or enforced workweek standards or overtime rules. Teachers’ wages were extremely low, and teachers sometimes went six months or more without pay. Salary arrears were not paid, and some teachers lived in abject poverty. The informal sector was estimated to include 60-70 percent of workers. The law applies to the informal sector, but it was seldom enforced.

Violations of wage, overtime, and occupational health and safety standards were common across sectors. There were, for example, reports of unsafe working conditions in the artisanal (small-scale) gold mining communities in the northern section of the country, where inspectors found occupational health and environmental hazards.

Despite legal protection against working in unsafe conditions, many workers feared retaliation and did not exercise their right to refuse to work under unsafe conditions. Data was not available on workplace fatalities and accidents, but accidents in unsafe working conditions were common. The government banned wildcat gold and other mining during the rainy season to prevent deaths from mudslides. The practice, however, continued near the border with Mali, resulting in recurring accidents.

Guinea-Bissau

Executive Summary

Guinea-Bissau is a multiparty republic. The country has endured prolonged political gridlock punctuated by periods of turmoil. Aristides Gomes is the seventh prime minister since 2015. In March the country held legislative elections, which included all 102 seats in the National Assembly. Presidential elections held in November resulted in two finalists: Domingos Simoes Pereira, and Umaro Sissoco Embalo. The National Elections Commission of Guinea-Bissau declared Umaro Sissoco the winner of the December 29 presidential runoff election. International observers considered all elections in the 2019 cycle to be free and fair.

National police forces maintain internal security. The Judicial Police, under the Ministry of Justice, has primary responsibility for investigating drug trafficking, terrorism, and other transnational crimes. The Public Order Police, under the Ministry of Interior, is responsible for preventive patrols, crowd control, and maintenance of law and order. Other police forces include the State Information Service (intelligence), Border Police (migration and border enforcement), Rapid Intervention Police, and Maritime Police. The army is responsible for external security but also has some internal security responsibilities. The armed forces may be called upon to assist police in emergencies. Civilian authorities maintained control over the security forces.

Significant human rights issues included: harsh and life-threatening prison conditions; lack of judicial independence and due process; official corruption exacerbated by government officials’ impunity and suspected involvement in drug trafficking; trafficking in persons; and crimes of violence against women and girls, including female genital mutilation/cutting.

While the government took steps to investigate and punish officials who committed abuses, impunity remained a serious problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, including for the press; however, there were reports the government did not always respect this right.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. There were several private newspapers in addition to the government-owned newspaper No Pintcha, but the state-owned printing house published all of them.

Violence and Harassment: The government took no steps to preserve the safety and independence of media or to prosecute individuals who threatened journalists. During the parliamentary elections in March, supporters of the political party Movement for a Democratic Alternation harassed a journalist. The journalists’ union publicly condemned the incident.

Censorship or Content Restrictions: There were no cases of censorship in public media, but political considerations often caused journalists to self-censor news content.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association; the government, however, failed to respect these rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

The country hosted thousands of long-term refugees and asylum seekers from Senegal’s Casamance Region. Many residents maintain ethnic and family ties on both sides of the country’s poorly marked northern border with the Casamance, rendering the nationality of many individuals in the region unclear.

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

Access to Asylum: The law provides for granting of asylum or refugee status. The government did not grant refugee status or asylum during the year, and there were no reported requests for either. The UNHCR office in Bissau facilitated the issuance of refugee cards.

Durable Solutions: In December 2018 President Jose Mario Vaz granted citizenship to more than 7,000 linguistically and culturally assimilated refugees living in the country for more than 25 years. The decree is in conformity with international agreements on migration and asylum. At year’s end the government had issued official identification to more than 5,000 of these individuals. Most of these refugees were originally from Senegal’s Casamance Region, with minorities from Liberia and Sierra Leone.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties of one month to 10 years in prison for corruption by officials. The government did not implement the law effectively, and officials in all branches and on all levels of government engaged in corrupt and nontransparent practices with impunity.

Corruption: Members of the military and civilian administration reportedly trafficked in drugs and assisted international drug cartels by providing access to the country and its transportation infrastructure. The failure to interdict or investigate suspected narcotics traffickers contributed to the perception of government and military involvement in narcotics trafficking. Trafficking in illegally cut timber was also an issue involving military and civilian authorities.

Financial Disclosure: By law high-level public officials are required to disclose their personal finances before the Court of Audits, and these disclosures are to be made public. The court has no authority to enforce compliance, and penalties are not specified for noncompliance. By year’s end no public officials had disclosed their personal finances.

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

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

Government Human Rights Bodies: The National Commission on Human Rights is a government human rights organization. It was independent but remained inadequately funded and ineffective.

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 all workers the freedom to form and join independent unions without prior authorization, with the exception of the military and police.

The law does not provide for the right to bargain collectively; however, the tripartite National Council for Social Consultation conducted collective consultations on salary issues. Workers and employers established most wages in bilateral negotiations.

The law provides for the right to strike, but workers must give 72-hour prior notice. The law also prohibits retaliation against strikers and does not exclude any group of workers from relevant legal protections. Many sectors of the economy were on strike at some time during the year, typically because of low salaries. Workers in the education, media, and public sectors struck during the year. A national teachers’ strike that began in October 2018 over nonpayment of wages continued intermittently throughout the year. Public-sector workers demanding an increase in the minimum wage carried out weekly strikes during the year.

The law allows unions to conduct their activities without government interference. Laws on unions provide protection only for trade union delegates, while the constitution provides for workers’ rights to free speech and assembly. The law prohibits employer discrimination against official trade union representatives. The law requires reinstatement of workers terminated for union activity. The law does not apply to domestic workers.

The government did not effectively enforce applicable labor laws, and penalties were insufficient to deter violations. Authorities generally respected freedom of association in the formal sector. Worker organizations were not independent of government and political parties, employers, or employer associations, which sometimes sought to influence union decisions and actions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the laws. Prescribed penalties were sufficiently stringent, but the government did not use these or other relevant laws to prosecute cases of forced labor. There were reports forced child labor occurred in the informal sector, including forced begging, selling food on urban streets, and domestic servitude (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The legal minimum age is 14 for general factory labor and 18 for heavy or dangerous labor, including labor in mines. Minors are prohibited from working overtime. The law prohibits children younger than age 18 from conducting heavy work, work in unhealthy or dangerous conditions, work at night, and underground work; however, the government has not established a list of hazardous work.

The Ministries of Justice and of Civil Service and Labor and the Institute of Women and Children did not effectively enforce these requirements, particularly in informal work settings. Resources, inspections, and remedies were inadequate. Penalties usually took the form of minimal fines that have not been adjusted to reflect the adoption of the CFA franc and were insufficient to deter violations. The government provided no services of any kind, besides inspections, and did not arrest or prosecute any violators.

Forced child labor occurred in domestic service; begging; agriculture and mining; shoe shining; and selling food on urban streets. Some religious teachers, known as marabouts, deceived boys and their families by promising a Quranic education but then put the boys to work or took them to neighboring countries for exploitation as forced beggars. The small formal sector generally adhered to minimum age requirements, although there were reports minors worked overtime despite the prohibition.

The national NGO Association of the Friends of Children was the main organization in the country working to receive and reintegrate returning talibes (students).

Children in rural communities performed domestic labor and fieldwork without pay to help support their families. Minors in these situations as well as those who received some pay were frequently subjected to violence and sexual assault. According to an NGO survey, nine in 10 domestic workers suffered sexual abuse. A 14-year-old domestic worker who reported regular beatings from her employers suffered serious injuries after her employer doused her with boiling water in December 2018.

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

d. Discrimination with Respect to Employment and Occupation

The law and regulations do not prohibit discrimination regarding race, color, sex, religion, political opinion, national origin, citizenship, disability, language, sexual orientation or gender identity, age, HIV-positive status or having other communicable diseases, or social origin.

Women faced considerable pay gaps and, because employers preferred to avoid paying maternity benefits, were less likely to be hired than men. The constitution provides for equality for all, but LGBTI persons faced discrimination in hiring, and persons with disabilities faced discrimination in hiring and access to the workplace. Documented discrimination in the other foregoing categories with respect to employment and occupation was not available.

e. Acceptable Conditions of Work

The Council of Ministers annually establishes minimum wage rates for all categories of work. Although the minimum wage of public-sector workers was above the World Bank’s international poverty line, the lowest minimum wage for private-sector employees was substantially below the poverty line. This minimum wage was not observed in the informal sector, which includes an estimated 80 percent of workers.

The law provides for a maximum 45-hour workweek. The law also provides for overtime work with premium pay, and overtime may not exceed 200 hours per year. There is a mandatory 12-hour rest period between workdays. The law provides for paid annual holidays.

In cooperation with unions, the Ministries of Justice and Labor establish legal health and safety standards for workers, which the National Assembly had not adopted into law by year’s end. The standards were current and appropriate for the main industries. Workers, including foreign workers, do not have the right to remove themselves from unsafe working conditions without losing their jobs.

The inspector general of labor is responsible for enforcing the law but did not do so effectively. Although the number of labor inspectors nearly doubled in 2018, it remained insufficient to detect and deter violations. Wage and occupation, safety, and health regulations were not enforced in the informal sector, which included the vast majority of workers. Penalties, which usually take the form of minimal fines that have not been adjusted for inflation, were not sufficient to deter violations. Many persons worked under conditions that endangered their health and safety.

Kenya

Executive Summary

Kenya is a republic with three branches of government: an executive branch, led by a directly elected president; a bicameral parliament consisting of the Senate and National Assembly; and a judiciary. In the 2017 general elections, the second under the 2010 constitution, citizens cast ballots for president, deputy president, and parliamentarians, as well as county governors and legislators. International and domestic observers judged the elections generally credible, although some civil society groups and the opposition alleged there were irregularities. The Independent Electoral and Boundaries Commission (IEBC) declared Jubilee Coalition Party candidate Uhuru Kenyatta had won re-election as president over opposition candidate Raila Odinga. The Supreme Court subsequently annulled the results for president and deputy president, citing irregularities, and the court ordered a new vote for president and deputy president that the opposition boycotted. The IEBC declared President Kenyatta winner of the new vote, and the Supreme Court upheld the results. Kenya held three by-elections in April after the courts nullified the 2017 election results in those constituencies due to irregularities.

The National Police Service (NPS) maintains internal security and reports to the Ministry of Interior and Coordination of National Government. The National Intelligence Service collects intelligence internally as well as externally and reports directly to the president. The Kenya Defense Forces report to the Ministry of Defense and are responsible for external security but have some domestic security responsibilities, including border security and supporting civilian organizations in the maintenance of order, including postdisaster response. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: unlawful killings, including extrajudicial killings by the government or on behalf of the government and by al-Shabaab; forced disappearances by the government or on behalf of the government; torture by the government; harsh and life threatening prison conditions; arbitrary arrest and detention by the government; arbitrary interference with privacy; censorship; widespread crimes of violence against women and girls, which the government took inadequate action to prevent or prosecute; widespread acts of government corruption; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.

The governmental Independent Policing Oversight Authority (IPOA), established to provide civilian oversight of police, investigated numerous cases of misconduct. Impunity at all levels of government continued to be a serious problem. The government took limited and uneven steps to address cases of alleged unlawful killings by security force members, although IPOA continued to refer cases of police misconduct to the Office of the Director of Public Prosecution (ODPP) for prosecution. Impunity in cases of alleged corruption was also common.

On January 15, five al-Shabaab terrorists conducted a complex terrorist attack at the Dusit D2 Hotel in downtown Nairobi, killing 21 persons including one American. Al-Shabaab also staged deadly attacks and guerilla-style raids on isolated communities along the border with Somalia, targeting both security forces and civilians. Human rights groups alleged security forces committed abuses, including extrajudicial killings, while conducting counterterror operations.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, but the government sometimes restricted this right.

Freedom of Expression: In 2017 a branch of the High Court declared unconstitutional Section 132 of the penal code that criminalized “undermining the authority of a public officer,” ruling the provision violated the fundamental right of freedom of expression. Other provisions of the constitution and the law prohibiting hate speech and incitement to violence remained in force. The Judicial Service Commission, however, reported many cases were withdrawn due to failure of witnesses to appear in court or to facilitate mediation. Cases that did proceed often failed to meet evidentiary requirements. Authorities arrested members of parliament (MPs) on incitement or hate speech charges. In June authorities arrested MP Charles Kanyi for incitement to violence after Kanyi allegedly threatened foreigners operating businesses in Nairobi. In September the Milimani chief magistrate acquitted four serving and former MPs of hate speech charges related to statements made in 2016.

Press and Media, Including Online Media: The government occasionally interpreted laws to restrict press freedom, and officials occasionally accused the international media of publishing stories and engaging in activities that could incite violence. Two laws give the government oversight of media by creating a complaints tribunal with expansive authority, including the power to revoke journalists’ credentials and levy debilitating fines. The government was media’s largest source of advertising revenue, and regularly used this as a lever to influence media owners. Most news media continued to cover a wide variety of political and social issues, and most newspapers published opinion pieces criticizing the government.

Sixteen other laws restrict media operations and place restrictions on freedom of the press. In 2016 the president signed into law the Access to Information Act, which media freedom advocates lauded as progress in government transparency. The government, however, has not issued regulations required to implement the act fully, and civil society organizations reported government departments failed in some instances to disclose information.

Violence and Harassment: Journalists alleged security forces or supporters of politicians at the national and county levels sometimes harassed and physically intimidated them. The government at times failed to investigate allegations of harassment, threats, and physical attacks on members of the media.

In February, Kenya Forest Service rangers assaulted four journalists while they were covering a ceremony in Naro Moru Forest Station. The cabinet secretary for the environment ordered the suspension of five officers involved in the assault.

In June, two Kenya Television Network (KTN) journalists were attacked and seriously injured by students and faculty of St. Stephen’s Girls Secondary School in Machakos County. The school’s principal was charged with assault and inciting the students to attack the journalists. The principal allegedly opposed the journalists investigating a case of a missing student.

Censorship or Content Restrictions: The mainstream media were generally independent, but there were reports by journalists government officials pressured them to avoid certain topics and stories and intimidated them if officials judged they had already published or broadcast stories too critical of the government. There were also reports journalists avoided covering issues or writing stories they believed their editors would reject due to direct or indirect government pressure.

Journalists practiced self-censorship to avoid conflict with the government on sensitive subjects, such as the first family or assets owned by the Kenyatta family.

Libel/Slander Laws: In 2017 a branch of the High Court declared unconstitutional a portion of the law that defined the offense of criminal defamation. Libel and slander remain civil offenses.

National Security: The government cited national or public security as grounds to suppress views it considered politically embarrassing.

Police arrested and detained for 14 days prominent social media blogger Robert Alai in June for posting pictures of police officers who were killed in a terror attack. Despite taking down the pictures as requested by police, he was arraigned in court and charged with two counts of treachery and disclosure of information in relation to terrorist activities. He was released on bail.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation for citizens, and the government respected those rights, but it placed restrictions on movement for refugees.

In-country Movement: Refugees and asylum seekers require registration with the National Registration Bureau, and the law reiterates strict implementation of the encampment policy. The Interior Ministry’s Refugee Affairs Secretariat (RAS), responsible for refugee management in the country, continued to enforce the encampment policy requiring all refugees and asylum-seekers to reside in the designated refugee camps, despite a Court of Appeal decision to the contrary. RAS issues new arrival asylum seekers with registration documents and movement passes requiring them to report to the camps. Refugees needing to move outside the designated areas (Kakuma camp, Kalobeyei settlement, and the Dadaab refugee camp complex) must obtain a temporary movement pass issued by the RAS. Stringent vetting requirements and long processing times have delayed the issuance of temporary movement passes in the camps.

The law allows exemption categories for specific groups to live outside designated camp areas, including in protection and medical cases. The government granted limited travel permission to refugees to receive specialized medical care outside the camps, and to refugees enrolled in public schools. It made exceptions to the encampment policy for extremely vulnerable groups in need of protection. The government continued to provide in-country movement and exit permits for refugee interviews and departures for third-country resettlement.

Although there were no restrictions on movements of internally displaced persons (IDPs), stateless persons in the country faced significant restrictions on their movement (see section 1.g.).

f. Protection of Refugees

The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to IDPs, refugees, asylum seekers, and other persons of concern. In 2017 the country pledged to apply the UNHCR Comprehensive Refugee Response Framework to enhance refugee self-reliance, increase access to solutions, and improve conditions in countries of origin for safe and voluntary returns. Implementation, however, has been lacking.

In 2017 the High Court blocked the government’s plan to close the Dadaab refugee camp complex, ruling the plan violated the principle of nonrefoulement and refugees’ constitutional rights to fair administrative action. While the court’s 2017 decision eased pressure on Somalis who feared the camp would close by the government-imposed deadline, during the year the government expressed a renewed interest in closing Dadaab, requesting UNHCR to relocate all refugees from Dadaab. The camp closure discussion created uncertainty for the more than 200,000 refugees residing there.

Abuse of Migrants, Refugees, and Stateless Persons: Police abuse, including detention of asylum seekers and refugees, continued, often due to a lack of awareness and understanding of the rights afforded to refugee registration card holders. Most detainees were released after a court appearance or intervention by organizations such as the Refugee Consortium of Kenya.

During the year the security situation in Dadaab improved but remained precarious. There were no attacks on humanitarian workers and no detonations of improvised explosive devices within 15 miles of the refugee complex during the year. The security partnership between UNHCR and local police remained strong and led to improvements in camp security through community policing and neighborhood watch initiatives.

Sexual and gender-based violence against refugees and asylum seekers remained a problem, particularly for vulnerable populations including women, children, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees and asylum seekers. Reported incidents included domestic violence, rape, sexual assault, physical assault, psychological abuse, female genital mutilation mutilation/cutting (FGM/C), and early and forced marriage, particularly of Sudanese, South Sudanese, and Somali girls. Although there was increased community engagement to reduce sexual and gender-based violence and strengthened partnerships, including with the local authorities, sexual and gender-based violence continued to affect women and girls due to their low social and economic status in the community. Most urban refugees reside in slum areas where insecurity and sexual and gender-based violence is rampant. Female-headed households and young girls separated from families due to conflict are most at risk due to lack of male protection within their families. Girls and boys out of school are at risk of abuse, survival sex, and early marriage. Despite strong awareness programs in the camps, underreporting persisted due to community preference for maslaha, a traditional form of jurisprudence prevalent in the region, as an alternative dispute resolution mechanism; shortages of female law enforcement officers; limited knowledge of sexual and gender-based violence; and the medical forensic requirements for trying alleged rape cases.

Refugees have equal access to justice and the courts under the law. They were often unable, however, to obtain legal services because of the prohibitive cost and their lack of information on their rights and obligations. UNHCR continued to provide legal assistance and representation to refugees to increase their access to justice. The law specifically provides that refugees are eligible to receive legal aid services. The law, however, has not been fully operationalized.

Refugees generally dealt with criminality in accordance with their own customary law and traditional practices rather than through the country’s justice system. Other security problems in refugee camps included petty theft, banditry, ethnic violence, and the harassment of Muslim converts to Christianity, according to UNHCR.

Exploitation of refugees with false promises of assistance in the resettlement process or in securing movement passes remained a concern.

Refoulement: There were no confirmed cases of refoulement.

During the year UNHCR assisted more than 2,500 persons to return voluntarily to their places of origin, of whom 1,889 returned to Somalia and 737 returned to Burundi. Insecurity and unfavorable conditions in countries of origin such as South Sudan, Yemen, and Somalia hindered returns.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has a system for providing protection to camp-based refugees. While the government generally coordinated with UNHCR to provide assistance and protection to refugees in the Dadaab and Kakuma refugee camps, cooperation was limited in urban areas. The government had yet to register more than 15,000 refugees and asylum seekers estimated to reside in Dadaab, the majority of whom were Somali. Pressure from UNHCR and the international community resulted in the government’s registration of a number of extremely vulnerable individuals. South Sudanese refugees maintain prima facie refugee status.

According to UNHCR, as of November the country hosted 488,867 registered refugees and asylum seekers, including 217,139 in the Dadaab refugee camp complex, 193,429 in Kakuma camp, and 78,299 in urban areas. Most refugees and asylum seekers were from Somalia (260,683) with others coming from South Sudan (119,110), the Democratic Republic of the Congo (DRC) (43,186), Ethiopia (27,989), Burundi (14,674), and other countries (16,810). Most refugees arriving in Kakuma were from South Sudan, and the refugee population in Dadaab was primarily Somali. New arrivals also included individuals from Burundi, the DRC, Ethiopia, and Uganda. An agreement on voluntary repatriation between the country, Somalia, and UNHCR expired in November 2018, although it was still de facto in place. Since 2014 a total of 84,714 Somali refugees have voluntarily repatriated under the agreement.

The RAS, responsible for refugee management in the country, maintained a cooperative working relationship with UNHCR, which continued to provide technical support and capacity building to the RAS.

Freedom of Movement: Refugees’ freedom of movement was significantly restricted due to the country’s strict encampment policies (see section 2.d.).

Employment: Refugees are generally not permitted to work in the country.

Access to Basic Services: Despite the encampment policy, many refugees resided in urban areas, even though they lacked documentation authorizing them to do so. This affected their access to basic government services, including the National Health Insurance Fund, education, employment, business licenses, financial institutions, mobile phones, and related services. In addition they are subject to arrest, police harassment, and extortion.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption. Despite public progress in fighting corruption during the year, the government did not implement relevant laws effectively. Frequently officials allegedly engaged in corrupt practices with impunity.

Corruption: During the year the ODPP initiated investigations and prosecutions of high-level corruption involving dozens of government and parastatal officials with ties to the ruling party and to the political opposition. These investigations and prosecutions included some senior officials such as the cabinet secretary for national treasury and planning and his principal secretary. The national media closely covered the director of public prosecution’s investigations into and arrests of officials stemming from the 21 billion shillings ($206 million) procurement scandals at the Kerio Valley Development Authority, as well as corruption allegations involving the National Lands Commission, county governor offices, and high-profile business leaders. These investigations and prosecutions remained active at year’s end.

The public continued to perceive corruption as a severe problem at all levels of government. A survey during the year in the country by Transparency International found 45 percent of respondents had paid a bribe, compared with 37 percent in the previous 2015 survey. Police and authorities issuing identification documents were cited the most for taking bribes. Corruption had increased according to 67 percent of respondents, and 71 percent believed the government was doing a poor job of combating corruption. The responses on these two questions had not changed significantly from the results of Transparency’s 2015 poll.

In January, President Kenyatta appointed a new chief executive officer of the Ethics and Anticorruption Commission (EACC), who introduced a new approach to tackling corruption that prioritizes high-impact cases, systems reviews, assets recovery, and public communication. In the new commissioner’s first five months in office, the EACC recovered assets equal to 30 percent of the corruption assets the EACC recovered over the past five years. Officials from agencies tasked with fighting corruption, including the EACC, ODPP, and judiciary, were sometimes the subjects of corruption allegations.

The EACC has the legal mandate to investigate official corruption allegations, develop and enforce a code of ethics for public officials, and engage in public outreach on corruption. The EACC, however, lacks prosecutorial authority and must refer cases to the ODPP to initiate prosecutions. At the end of 2018, the EACC reported having more than 319 corruption cases pending in court. A mixture of cash and land/immovable assets valued at approximately 3.2 billion shillings ($31.4 million) were recovered in the period 2018-2019. The EACC had secured 39 convictions in the 2017-2018 period, an 80 percent conviction rate, with some cases including several individuals, making the 2017-2018 fiscal year the most successful year in the commission’s history.

The government took additional steps to combat corruption, including increasing the number of investigations and prosecutions. The government made limited progress on other commitments, including adoption of international anticorruption standards and digitization of government records and processes. Because courts had significant case backlogs, cases could take years to resolve.

Police corruption remained a significant problem. Human rights NGOs reported police often stopped and arrested citizens to extort bribes. Police sometimes jailed citizens on trumped-up charges or beat those who could not pay the bribes. During police vetting conducted by the National Police Service Commission (NPSC) in recent years, many police officers were found to have the equivalent of hundreds of thousands of dollars in their bank accounts, far exceeding what would be possible to save from their salaries. Mobile money records showed some officers also transferred money to superior officers.

The Judiciary and the NPS continued measures to reform the handling of traffic cases by police and courts, streamlining the management of traffic offenses to curb corruption. Despite the progress noted above, no senior police official was convicted or jailed for corruption-related offenses during the year.

Financial Disclosure: The law requires all public officers to declare their income, assets, and liabilities to their “responsible commission” (for example, the Parliamentary Service Commission in the case of members of parliament) every two years. Public officers must also include the income, assets, and liabilities of their spouses and dependent children younger than 18. Failure to submit the declaration as required by law or providing false or misleading information is punishable by a fine of one million shillings ($9,820) or imprisonment for a term not exceeding one year or both. Information contained in these declarations was not readily available to the public, and the relevant commission must approve requests to obtain and publish this information. Any person who publishes or otherwise makes public information contained in public officer declarations without such permission may be subject to imprisonment for up to five years, a fine of up to 500,000 shillings ($4,910), or both. Authorities also required police officers undergoing vetting to file financial disclosure reports for themselves and their immediate family members. These reports were publicly available.

The law requires public officers to register potential conflicts of interest with the relevant commissions. The law identifies interests public officials must register, including directorships in public or private companies, remunerated employment, securities holdings, and contracts for supply of goods or services, among others. The law requires candidates seeking appointment to nonelected public offices to declare their wealth, political affiliations, and relationships with other senior public officers. This requirement is in addition to background screening on education, tax compliance, leadership, and integrity. Many officials met these requirements and reported potential conflicts of interest. Authorities did not strictly enforce ethics rules relating to the receipt of gifts and hospitality by public officials.

There were no reported challenges to any declarations of wealth–which normally are not made public–filed by public officials. The requirement for asset and conflict of interest declarations was suspended by an August 2018 Public Service Commission (PSC) memo. The memo was issued after PSC engagement with government stakeholders indicated a need for clarity on the filling out of the assets registry. The PSC’s suspension of the requirement led to inconsistency in the application of the directive, with some institutions requiring declarations while others did not.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, although some groups reported experiencing government harassment during the year. Officials were sometimes cooperative and responsive to the queries of these groups, but the government did not implement recommendations by human rights groups if such recommendations were contrary to its policies. There were reports officials intimidated NGOs and threatened to disrupt their activities (see section 2.b.). Less-established NGOs, particularly in rural areas, reported harassment and threats by county-level officials as well as security forces. Human rights activists claimed security forces conducted surveillance of their activities, and some reported threats and intimidation.

The Truth, Justice, and Reconciliation Commission issued its final, multivolume report about human rights abuses and injustices from the colonial period through the 2007-2008 postelection violence to President Kenyatta in May 2013. The government largely failed to implement the commission’s recommendations on justice and accountability, despite calls from survivors, victims, religious leaders, and civil society (see section 1.e., Property Restitution). In March a lobby group, the National Victims and Survivors Network, petitioned the Senate to take over the consideration and implementation process of the commission from the National Assembly.

In 2013 a group of civil society organizations filed a High Court petition accusing the government of having failed to investigate and address properly sexual and gender-based violence that occurred during the 2007-2008 postelection violence or to provide medical and legal assistance to survivors. The case continued at year’s end.

There were also reports officials and police officers threatened activists who sought justice for police killings and other serious abuses during the 2017 elections. Human Rights Watch reported that, between August 2017 and March 2018, police and other officials directly intimidated at least 15 activists and victims in Nairobi and in the western county of Kisumu. The intimidation included threats of arrest, warnings not to post information about police brutality, home and office raids, and confiscation of laptops and other equipment.

Government and security officials promptly investigated the 2016 triple homicide case of International Justice Mission (IJM) lawyer and investigator Willie Kimani, IJM client Josphat Mwenda, and their driver Joseph Muiruri, and charged four police officers accused in the case. In October a court barred the prosecution from submitting a 2016 video confession by one of the defendants as evidence. The trial continued at year’s end.

The KNCHR reported security agencies continued to deny it full access to case-specific information and facilities to conduct investigations of human rights abuses as the constitution permits.

The United Nations or Other International Bodies: The government took note of recommendations of the United Nations or international human rights groups but in many cases did not implement them.

Government Human Rights Bodies: The KNCHR is an independent institution created by the 2010 constitution and established in 2011. Its mandate is to promote and protect human rights in the country. Citing budget restrictions, the administration reduced KNCHR’s budget for the fifth straight year.

The NPSC and IPOA, both government bodies, report to the National Assembly. The NPSC consists of six civilian commissioners, including two retired police officers, as well as the NPS inspector general and two deputies. In January a new commission took office. The NPSC is responsible for recruiting, transferring, vetting, promoting, and disciplining NPS members. In September the NGO consortium the Police Reforms Working Group Kenya issued a press statement noting its concerns regarding the August dismissal of IPOA’s chief executive officer by the board. The working group also called for a parliamentary inquiry into the appointment process and activities of IPOA’s board and urged the government to safeguard the independence of IPOA’s secretariat. The CEO was reinstated in October.

The ODPP is empowered to direct the NPS inspector general to investigate any information or allegation of criminal conduct and to institute criminal proceedings in police abuse or corruption cases.

Police accountability mechanisms, including those of the IAU and IPOA, maintained their capacity to investigate cases of police abuse, although disagreements around the dismissal and reinstatement of IPOA’s CEO likely delayed some investigations. The IAU director reports directly to the NPS inspector general. Eighty-two officers served in the IAU, mostly investigators with a background in the Kenya Police Service and the Administration Police Service. During the year the IAU also began interviews to select 150 additional officers. The IAU conducts investigations into police misconduct, including criminal offenses not covered by IPOA. Between January and September, the IAU received approximately 1,200 complaints, the number of which had increased year-to-year as police and the public became more familiar with the IAU. As required by law, the IAU relocated to offices separate from the rest of the police service in late 2018. This move also contributed to the increase in the number of cases the IAU received. The EACC, an independent agency, investigates cases involving police corruption. IPOA also helps to train police officers on preventing abuses and other human rights issues.

As of June, IPOA received 3,237 complaints, bringing the total since its inception in 2012 to 13,618. IPOA defines five categories of complaints. Category One complaints comprise the most serious crimes–such as murders, torture, rape, and serious injury–and result in an automatic investigation. In Category Two serious crimes, such as assault without serious injury, are investigated on a case-by-case basis. Categories Three to Five, for less serious crimes, are generally not investigated, although during the year IPOA and the IAU entered into regular dialogue about referring cases deemed less serious offenses for disciplinary action. If, after investigation, IPOA determines there is criminal liability in a case, it forwards the case to the ODPP. As of June, IPOA launched 489 investigations.

The law requires the NPSC eventually to vet all serving police officers. Vetting required an assessment of each officer’s fitness to serve based on a review of documentation, including financial records, certificates of good conduct, and a questionnaire, as well as public input alleging abuse or misconduct. The NPSC reported it had vetted more than 15,000 officers since 2012. The NPSC, however, had not vetted any officers since the new commission took office in January. Some legal challenges brought by officers removed from the service after vetting continued in court.

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, including those in export processing zones (EPZs), to form and join unions of their choice and to bargain collectively. For the union to be recognized as a bargaining agent, it needs to represent a simple majority of the employees in a firm eligible to join the union. This provision extends to public and private sector employees. Members of the armed forces, prisons service, and police are not allowed to form or join trade unions.

The law permits the government to deny workers the right to strike under certain conditions. For example the government prohibits members of the military, police, prison guards, and the National Youth Service from striking. Civil servants are permitted to strike following a seven-day notice period. A bureau of the Ministry of Labour and Social Protection typically referred disputes to mediation, fact-finding, or binding arbitration at the Employment and Labour Relations Court, a body of up to 12 judges that has exclusive jurisdiction to handle employment and labor matters and that operates in urban areas, including Nairobi, Mombasa, Nyeri, Nakuru, Kisumu, and Kericho. The Employment and Labour Relations Court also has subregistries in Meru, Bungoma, Eldoret, Malindi, Machakos, and Garissa.

By law workers who provide essential services, interpreted as “a service the interruption of which would probably endanger the life of a person or health of the population,” may not strike. Any trade dispute in a service listed as essential or declared an essential service may be adjudicated by the Employment and Labour Relations Court.

Strikes must concern terms of employment, and sympathy strikes are prohibited.

The law permits workers in collective bargaining disputes to strike if they have exhausted formal conciliation procedures and have given seven days’ notice to the government and the employer. Conciliation is not compulsory in individual employment matters. Security forces may not bargain collectively but have an internal board that reviews salaries. Informal workers may establish associations, or even unions, to negotiate wages and conditions matching the government’s minimum wage guidelines and advocate for better working conditions and representation in the Employment and Labour Relations Court. The bill of rights in the constitution allows trade unions to undertake their activities without government interference, and the government generally respected this right.

The law prohibits antiunion discrimination and provides for reinstatement of workers dismissed for union activity. The Employment and Labour Relations Court can order reinstatement and damages in the form of back pay for employees wrongfully dismissed for union activities. Labor laws apply to all groups of workers.

The government enforced the decisions of the Employment and Labour Relations Court inconsistently. Many employers did not comply with reinstatement orders, and some workers accepted payment in lieu of reinstatement. In several cases employers successfully appealed the Employment and Labour Relations Court’s decisions to a branch of the High Court. The enforcement mechanisms of the Employment and Labour Relations Court remained weak, and its case backlog raised concerns about the long delays and lack of efficacy of the court.

The Employment and Labour Relations Court received many cases arising from the implementation of new labor laws. The parties filed most cases directly without referral to the Ministry of Labour and Social Protection for conciliation. The court was running a significant backlog.

The chief justice designated all county courts presided over by senior resident Magistrates and higher-ranking judges as special courts to hear employment and labor cases. Providing adequate facilities outside of Nairobi was challenging, but observers cited the ability of workers to submit labor-related cases throughout the country as a positive step. In 2016 the Judiciary finalized the Employment and Labor Relations (Procedure) Rules. The significant changes introduced in the new court procedure rules provide parties access to file pleadings directly in electronic form, new pretrial procedures, and alternative dispute resolution. The rules also set a 30-day time limit for the court to submit a report on disagreements over collective bargaining agreements filed.

The government generally respected freedom of association and the right to bargain collectively, although enforcement was inconsistent. The government expressed its support for union rights mandated in the constitution.

Airport workers at Nairobi’s Jomo Kenyatta International Airport also went on strike in March to protest potential restructuring of the airport. Six striking workers were injured during clashes with police, and 10 members of the Kenya Aviation Workers Union, including its secretary-general, were arrested. After negotiation, the union agreed to end the strike in exchange for release of the arrested union officials and an agreement not to fire striking workers.

Migrant workers often lacked formal organization and consequently missed the benefits of collective bargaining. Similarly, domestic workers and others who operated in private settings were vulnerable to exclusion from legal protections, although domestic workers’ unions exist to protect their interests.

The government deployed labor attaches to Qatar, Saudi Arabia, and the United Arab Emirates (UAE) to regulate and coordinate contracts of migrant workers from the country and promote overseas job opportunities. The Ministry of East African Community and Regional Development also helped domestic workers understand the terms and conditions of their work agreements. The government operationalized a 2017 bilateral agreement with Saudi Arabia in January after revetting recruitment agencies in Riyadh. The government has additional bilateral agreements with Qatar and UAE. The ministry has a directorate to regulate the conduct of labor agents for local migrant workers, including requiring the posting of a 500,000 shilling ($4,910) performance-guarantee bond for each worker.

The misuse of internships and other forms of transitional employment threatened the survival of trade unions, with employers often not hiring employees after an internship ends. State agencies increasingly outsourced jobs to the private sector, and in the private sector, casual workers were employed on short-term contracts. This shift contributed to declining numbers in trade unions. In July the Public Service Commission introduced a plan to place civil servants on three-year employment contracts and eliminate permanent and pensionable terms, but a worker’s union obtained a court order to halt the policy shift. NGOs and trade unionists reported replacement of permanent positions by casual or contract labor, especially in the EPZs, the Port of Mombasa, and in the agricultural and manufacturing sectors. In some cases employers staffed permanent jobs with rotating contract workers. This practice occurred at the management level as well, where employers hired individuals as management trainees and kept them in these positions for the maximum permitted period of three years. Instead of converting such trainees to permanent staff, employers replaced them with new trainees at the end of three years.

Workers exercised the right to strike. The health sector witnessed industrial strikes by county government health professionals to protest delayed salary payments. The strikes occurred intermittently in various counties, since under the 2010 constitution each county manages its own health system as part of the devolution of resources and services from the national government. According to the Kenya County Government Workers Union, during the year 21 counties had delayed salary payments. The strikes affected delivery of services in counties like Meru and Embu, but negotiations averted some threatened strikes.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children. The country made moderate advances to prevent or eliminate forced labor.

The government did not effectively enforce the law, and forced labor occurred, including forced child labor (see section 7.c.). Certain legal provisions, including the penal code and the Public Order Act, impose compulsory prison labor. Resources, inspections, and remediation were not adequate to prevent forced labor, and penalties were not sufficient to deter violations. Violations included debt bondage, trafficking of workers, and compulsion of persons, even family members, to work as domestic servants. Domestic workers from Uganda, herders from Ethiopia, and others from Somalia, South Sudan, and Burundi were subjected to forced labor in the country; however, this trend was reportedly decreasing.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government prohibits most, but not all, of the worst forms of child labor. The minimum age for work (other than apprenticeships) is 16, and the minimum age for hazardous work is 18. These protections, however, only extend to children engaged under formal employment agreements and do not extend to those children working informally. The ministry published a list of specific jobs considered hazardous that would constitute the worst forms of child labor. This list includes but is not limited to scavenging, carrying stones and rocks, metalwork, working with machinery, mining and stone crushing. The law explicitly prohibits forced labor, trafficking, and other practices similar to slavery; child soldiering; prostitution; the use, procuring, or offering of a child for the production of pornography or for pornographic performances; and the use by an adult for illegal activities (such as drug trafficking) of any child up to age 18. The law applies equally to girls and boys. The International Labor Organization (ILO) identified gaps in the law with regards to children working as cadets at sea.

The law allows children ages 13 to 16 to engage in industrial undertakings when participating in apprenticeships. Industrial undertakings are defined under law to include work in mines, quarries, factories, construction, demolition, and transportation, which are legally categorized as hazardous work.

The law provides for penalties for any person who employs, engages, or uses a child in an industrial undertaking in violation of the law. Fines in the formal sector were generally enough to deter violations. Employment of children in the formal industrial wage sector in violation of the Employment Act was rare. The law does not prohibit child labor for children employed outside the scope of a contractual agreement. Child labor in the informal sector was widespread, but the government did not effectively monitor or control it.

The Ministry of Labour and Social Protection enforces child labor laws, but enforcement remained inconsistent. Supplementary programs, such as the ILO-initiated Community Child Labor monitoring program, helped provide additional resources to combat child labor. These programs identified children who were working illegally, removed them from hazardous work conditions, and referred them to appropriate service providers. The government also worked closely with the Central Organization of Trade Unions, and the Federation of Kenyan Employers to eliminate child labor.

In support of child protection, the Ministry of Labour and Social Protection launched a national online database system in 2017. The Child Protection Information Management System collects, aggregates and reports on child protection data that informs policy decisions and budgeting for orphans and vulnerable children. The web-based system allows for an aggregate format of data to be made available to all the child protection stakeholders. In 2017, two new child rescue centers were established in Siaya and Kakamega counties, bringing the total number of these centers to eight. Child rescue centers remove child laborers from the workplace, rehabilitate them, and provide counseling and life-skills training.

The government continued to implement the National Safety Net Program for Results, a project that seeks to establish an effective national safety net program for poor and vulnerable households, and the Decent Work Country Program, a project designed to advance economic opportunities. Under these programs, the government pays households sheltering orphans or other vulnerable children to deter the children from dropping out of school and engaging in forced labor. For example there were some cases reported in the western part of the country of girls dropping out of secondary school and engaging in sex work in order to afford basic supplies.

Many children worked on family plots or in family units on tea, coffee, sugar, sisal, tobacco, and rice plantations, as well as in the production of khat. Children worked in mining, including in abandoned gold mines, small quarries, and sand mines. Children also worked in the fishing industry. In urban areas businesses employed children in hawking, scavenging, carrying loads, fetching and selling water, selling food, and forced begging (that puts children at risk of being involved in criminal acts). Children often worked long hours as domestic servants in private homes for little or no pay, and there were reports of physical and sexual abuse of child domestic servants. Parents sometimes initiated forced or compulsory child labor, such as in agricultural labor and domestic service, but also including commercial sexual exploitation.

Most of the trafficking of children within the country appeared related to domestic labor, with migrant children trafficked from rural to urban areas.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination on race, sex, ethnicity, religion, and several other criteria, but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. Several regulatory statutes explicitly prohibit discrimination against persons with disabilities; provide a legal framework for a requirement for the public and private sectors to reserve 5 percent of employment opportunities for persons with disabilities; tax relief and incentives for such persons and their organizations; and reserves 30 percent of public-procurement tenders for women, youth, and persons with disabilities.

The government did not effectively enforce the law. Gender-based discrimination in employment and occupation occurred, although the law mandates nondiscrimination based on gender in hiring. The average monthly income of women was approximately two-thirds that of men. Women had difficulty working in nontraditional fields, received slower promotions, and were more likely to be dismissed. According to a World Bank report, both men and women experienced sexual harassment in job recruitment, but women more commonly reported it. Women who tried to establish their own informal businesses were subjected to discrimination and harassment. One study of women street vendors in Nairobi found harassment was the main mode of interaction between street vendors and authorities. The study noted demands for bribes by police amounting to 3 to 8 percent of a vendor’s income as well as sexual abuse were common.

In an audit of hiring practices released in 2016, the National Cohesion and Integration Commission accused many county governors of appointing and employing disproportionate numbers of the dominant tribe in their county. According to the commission, 15 of the 47 counties failed to include a single person from a minority tribe either on the county’s public service board or as county executive committee members. For example, all 10 of West Pokot’s committee members were Pokots. These problems were aggravated by the devolution of fiscal and administrative responsibility to county governments. Other counties, for example, Nairobi City County, were notable for apportioning roles inclusively. Observers also noted patterns of preferential hiring during police recruitment exercises (see section 1.d.).

In both private business and in the public sector, members of nearly all ethnic groups commonly discriminated in favor of other members of the same group.

The law provides protection for persons with disabilities against employment discrimination, although many employers still discriminated against persons with disabilities during hiring processes (see section 6, Persons with Disabilities). Due to societal discrimination, there were very limited employment opportunities for persons with albinism. There are no legal employment protections for LGBTI persons, who remained vulnerable to discrimination in the workplace. Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

Regulation of wages is part of the Labor Institutions Act, and the government established basic minimum wages by occupation and location, setting minimum standards for monthly, daily, and hourly work in each category. The minimum wage for all occupations exceeded the World Bank poverty rate.

The law limits the normal workweek to 52 hours (60 hours for night workers); some categories of workers had lower limits. It specifically excludes agricultural workers from such limitations. It entitles an employee in the nonagricultural sector to one rest day per week and 21 days of combined annual and sick leave. The law also requires total hours worked (regular time plus overtime) in any two-week period not exceed 120 hours (144 hours for night workers), and provides premium pay for overtime.

The government did not effectively enforce the law. Authorities reported workweek and overtime violations. Workers in some enterprises, particularly in the EPZs and those in road construction, claimed employers forced them to work extra hours without overtime pay to meet production targets. Hotel industry workers were usually paid the minimum statutory wage, but employees worked long hours without compensation. Additionally, employers often did not provide nighttime transport, leaving workers vulnerable to assault, robbery, and sexual harassment.

The law details environmental, health, and safety standards. The Ministry of Labour and Social Protection’s Directorate of Occupational Health and Safety Services has the authority to inspect factories and work sites, but employed an insufficient number of labor inspectors to conduct regular inspections. Fines generally were insufficient to deter violations.

The directorate’s health and safety inspectors can issue notices against employers for practices or activities that involve a risk of serious personal injury. Employers may appeal such notices to the Factories Appeals Court, a body of four members, one of whom must be a High Court judge. The law stipulates factories employing 20 or more persons have an internal health and safety committee with representation from workers. According to the government, many of the largest factories had health and safety committees.

The law provides for labor inspections to prevent labor disputes, accidents, and conflicts and to protect workers from occupational hazards and disease by ensuring compliance with labor laws. The government paid low salaries to labor inspectors and did not provide vehicles, fuel, or other resources, making it very difficult for labor inspectors to do their work effectively and leaving them vulnerable to bribes and other forms of corruption.

The law provides social protections for workers employed in the formal and informal sectors. Informal workers organized into associations, cooperatives, and, in some cases, unions. All local employers, including those in the informal sector, are required to contribute to the National Hospital Insurance Fund and the National Social Security Fund; these provide health insurance and pensions.

Workers, including foreigners and immigrants, have the legal right to remove themselves from situations that endanger health or safety without jeopardy to their employment. The Ministry of Labour and Social Protection did not effectively enforce these regulations, and workers were reluctant to remove themselves from working conditions that endangered their health or safety due to the risk of losing their jobs. In November a harvester lost an eye in an accident on a tea plantation. The Kenya Federation of Employers provided training and auditing of workplaces for health and safety practices.

Lesotho

Executive Summary

Lesotho is a constitutional monarchy with a democratic parliamentary government. Under the constitution the king is head of state but does not actively participate in political activities. The prime minister is head of government and has executive authority. In 2017 former prime minister Pakalitha Mosisili of the Democratic Congress Party lost a vote of no confidence and a snap election. All major parties accepted the outcome, and Motsoahae Thomas Thabane of the All Basotho Convention Party (ABC) formed a coalition government and became prime minister. Mosisili transferred power peacefully to Thabane, and Mathibeli Mokhothu assumed leadership of the opposition. Local and international observers assessed the election as peaceful, credible, and transparent.

The security forces consist of the Lesotho Defense Force (LDF), the Lesotho Mounted Police Service (LMPS), the National Security Service (NSS), and the Lesotho Correctional Service (LCS). The LMPS is responsible for internal security. The LDF maintains external security and may support police when the LMPS commissioner requests assistance. The NSS is an intelligence service that provides information on possible threats to internal and external security. The LDF and NSS report to the minister of defense; the LMPS, to the minister of police and public safety; and the LCS, to the minister of justice and correctional service. Civilian authorities generally maintained effective control over the security forces.

The Southern African Development Community (SADC) Preventive Mission in Lesotho contingent of troops, deployed to foster stability as the government moved forward with SADC-recommended security-sector reforms, departed the country in November 2018. In May the government did not meet an SADC deadline for completion of constitutional and security reforms.

Significant human rights issues included: unlawful or arbitrary killings by police; torture by police; arbitrary detention by police; harsh and life-threatening prison conditions; serious government efforts to infringe on the independence of the judiciary; acts of corruption; lack of timely accountability in cases involving violence against women, including rape; and criminalization of consensual same-sex sexual conduct between adults.

Impunity was a problem. During the year the government provided no credible evidence it acted to investigate and punish police accused of committing human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of speech, but the constitution does not explicitly mention freedom of the press.

Freedom of Expression: The law prohibits expressions of hatred or contempt for any person because of the person’s race, ethnic affiliation, gender, disability, or color. The government did not arrest or convict anyone for violating the law. The NSS reportedly monitored political meetings.

Press and Media, Including Online Media: The law provides for the right to obtain and impart information freely but only if it does not interfere with “defense, public safety, public order, public morality, or public health.”

Violence and Harassment: Unlike in prior years, there were no reports of journalists being subjected to violence, harassment, or intimidation by any actor due to their reporting.

By year’s end no trial date was set for the five LDF suspects arrested in 2017 for involvement in the 2016 shooting of Lesotho Times editor Lloyd Muntungamiri, a Zimbabwean national. Mahanye Phusumane, one of the five LDF suspects arrested and charged in the case, reportedly became a state witness. On September 4, he was released from custody.

Censorship or Content Restrictions: Media relied heavily on government advertising and technical resources, leading to some level of self-censorship. The government restricted antigovernment broadcaster MoAfrika FM radio (the country’s second-largest broadcaster) by limiting its access to transmission lines outside of the capital from September 2018 to April. The government initially issued a public service announcement that technical work to achieve digital migration caused broadcasting disruptions but provided no explanation for the protracted length of the disruption.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, but the law requires organizers to obtain permits seven days in advance for public meetings and processions.

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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

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

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government did not implement the law effectively, and some officials engaged in corrupt practices with impunity. For example, in May the Public Accounts Committee released a report that stated the government lost 1.5 billion maloti ($103 million) between 2013 and 2016 due to public service corruption and misuse of public funds.

Corruption: There were numerous reports of government corruption during the year. For example, the press reported former Ministry of Health principal secretary Lefu Manyokole stated Minister of Health Nkaku Kabi had pressured him to sign an inflated 40.1 million maloti ($2.8 million) contract for procurement of medical equipment. He claimed the contract was inflated from an initial 33.4 million maloti ($2.3 million).

Financial Disclosure: The law requires appointed and elected officials to disclose income and assets and prohibits false or misleading declarations. The declaration regime identifies the assets, liabilities, and other financial interests public officials must declare. Officials must file their declarations annually by April 30. The law does not require public declarations or that officials file declarations upon leaving office.

The law provides for disciplinary measures and criminal penalties for conviction of willful noncompliance. The law mandates that the Directorate on Corruption and Economic Offenses (DCEO) monitor and verify disclosures. The DCEO claimed it could not effectively implement the law because it lacked adequate resources. Some ministers and ministry staff declared their assets and potential conflicts of interest. The DCEO did not question any declaration’s veracity.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. According to some local NGOs, government officials were not always responsive to their views.

Government Human Rights Bodies: The mandate of the independent Office of the Ombudsman is to receive and investigate complaints of government maladministration, injustice, corruption, and human rights abuses, and to recommend remedial action where complaints are justified. The TRC advocates for justice, peace, and participatory development. It continued to campaign for the establishment of a human rights commission meeting international standards.

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

Violence reporting: Media reported rapes and killings of the elderly across the country. For example, on August 13, two boys strangled and killed an 87-year-old woman at Moshoeshoe II village in Maseru. The government held gatherings to raise public awareness of the problem of elder abuse at which senior government officials issued warnings, including the view that security services should summarily kill perpetrators of violence against the elderly (see section 1.a.).

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

By law workers in the private sector have the right to join and form trade unions of their own choosing without prior authorization or excessive bureaucratic requirements. The law prohibits civil servants and police from joining or forming unions but allows them to form staff associations for collective bargaining and promoting ethical conduct of their members. All trade unions must register with the Registrar of Trade Unions. The law allows unions to conduct their activities without interference.

The law significantly limits the right to strike. In the private sector, the law requires workers and employers to follow a series of procedures designed to resolve disputes before the Directorate of Dispute Prevention and Resolution (DDPR), an independent government body, authorizes a strike. A registered union with a 51 percent majority of staff may call a strike on a “dispute of interest” (a demand that goes beyond labor code stipulations). If mandatory negotiations between the employer and employees reach a deadlock, a union may file with the DDPR for permission to embark on a strike. Typically, the employer and employees agree on the strike rules and its duration. Employers may also invoke a lockout clause. The law does not permit civil servants to strike.

The law protects collective bargaining and places no restrictions on it. Government approval is not required for collective agreements to be valid. By law the Public Service Joint Advisory Council provides for due process and protects civil servants’ rights. The council consists of equal numbers of members appointed by the minister of public service and members of associations representing at least 50 percent of civil servants. The council concludes and enforces collective bargaining agreements, prevents and resolves disputes, and provides procedures for dealing with general grievances. Furthermore, the Public Service Tribunal handles appeals brought by civil servants or their associations.

The law prohibits antiunion discrimination and other employer interference in union functions. The law provides for reinstatement of workers dismissed for union activity. The law does not exclude particular groups of workers from relevant legal protections.

The government effectively enforces applicable law with cases typically resolved within one to six months at the DDPR. Penalties are sufficient to deter violations. The Labor Court’s independence remained questionable because it is under the authority of the Ministry of Labor and Employment, despite a 2011 law transferring it to the judiciary.

The government and employers generally supported freedom of association and collective bargaining. Although factory workers have bargaining power, the law requires any union entering negotiations with management to represent 50 percent of workers in a factory. Only a few factories met that condition, and unions at factories where union membership is below 50 percent may not represent workers collectively in negotiations with employers. In 2015 the Factory Workers Union (FAWU), the Lesotho Clothing and Allied Workers Union, and the National Union of Textile Workers merged to form the Independent Democratic Union of Lesotho to strengthen their bargaining power. The National Clothing Textile and Allied Workers Union, which separated from FAWU, was active. All worker organizations were independent of the government and political parties except the Lesotho Workers Party-affiliated Factory Workers Union. Most unions focused on organizing apparel workers.

Factory owners in the apparel industry were generally willing to bargain collectively on wages and working conditions but only with trade unions that represented at least 50 percent of workers. Factory decisions concerning labor disputes are determined by companies’ headquarters, which are usually located overseas. In the retail sector, employers generally respected the freedom to associate and the right to bargain collectively, although retail unions complained employers commonly appealed Labor Court rulings to delay their implementation.

Workers exercised their right to strike. In August 2018 factory workers embarked on violent illegal strikes demanding a minimum wage of 2,000 maloti ($139). At the time the minimum wage was 1,237 maloti ($85). In April the government agreed to increase the minimum wage, but it did not address what some labor experts noted was the practice of issuing repeated short-term contracts to the same workers to keep them at the minimum wage. Three labor unions wrote to the International Labor Organization (ILO) and accused the government of violating the ILO’s convention on setting minimum wages and failing to affect retroactive wage payments. In June the ILO recommended talks between the government and labor unions. The talks were pending at year’s end.

The Lesotho National Development Corporation indicated factory workers in June embarked on eight unlawful strikes and one lawful strike. The causes of the strikes were low wage increase increments, underpayments, poor terms of employment, and unsatisfactory work conditions.

In September 2018 the Labor Court overturned the DDPR’s ruling barring teachers from engaging in a strike regarding pay and working conditions. The court instructed the DDPR to award teachers unions an industrial action protection certificate to enable their members to go on a legal strike. The teachers suspended the strike following negotiations with the government. On August 12, the teachers’ strike resumed. On August 26, some teachers went back to work while others remained on strike. The government applied a no-work, no-pay policy to those teachers who continued to strike.

In the public sector, while both police and civil servants had associations, no single association represented 50 percent of civil servants. According to the Lesotho Public Servants Staff Association (LEPSSA), 34 percent of civil servants belonged to the association. LEPSSA reported most civil servants did not register for membership in the association because they were not aware of its existence. This low rate of participation made it difficult for LEPSSA to engage with the government on workers’ rights problems. In July police embarked on a “go-slow” work action and countrywide protest against the government’s failure to pay a risk allowance and 6 percent salary increase. Police also complained of a lack of uniforms and unclear transfer and promotion criteria. The government granted the salary increase. On August 1, a group of National Security Service agents briefly blocked Mpilo Boulevard, demanding review of their salaries, which were last adjusted in 2013. Agents also complained of poor work conditions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce applicable law. Police reported inadequate resources hampered their investigations and remediation efforts, although penalties for conviction of violations would be sufficient to deter violations if enforced.

The CGPU conducted community outreach on forced labor through community gatherings, lectures, workshops, and radio programs. The police Human Trafficking Unit targeted high schools to raise awareness of human trafficking and other forms of forced labor.

Forced labor, including forced child labor, continued to occur in the sectors of domestic work and agricultural work. Victims of forced labor were either children or workers in the informal sector. The government also continued to use forced prison labor and has not responded to an ILO request for information on the use of forced prison labor by political prisoners. The government did not inspect the informal sector nor prosecute such cases, so the extent of the problem remained obscure.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law defines the legal minimum age for employment as 15, or 18 for hazardous employment. The law prohibits most, but not all, of the worst forms of child labor. It defines hazardous work to include mining and quarrying; carrying heavy loads; manufacturing where chemicals are produced or used; working in places where machines are used, or in places such as bars, hotels, and places of entertainment where a person may be exposed to immoral behavior, herding, and producing or distributing tobacco. Children in domestic work are sometimes exposed to the worst forms of child labor not prevented by existing law and regulations.

The law provides for completion of free and compulsory primary school at age 13, two years before the legal age of employment, rendering children ages 13-15 particularly vulnerable to forced labor. The law prohibits the use of children for illicit activities, including drug trafficking, hawking, gambling, or other illegal activities detrimental to the health, welfare, and educational advancement of the child. The law also states a child has a right to be protected from the use of hallucinogens, narcotics, alcohol, tobacco products, psychotropic drugs, and any other substances declared harmful, and from being involved in their production, trafficking, or distribution. Additionally, the law prohibits the use of children for commercial sexual exploitation. While the law applies to children working in the informal economy, it excludes self-employed children from relevant legal protections.

The government did not effectively enforce minimum age law regarding employment outside the formal economy, since scarce resources hindered labor inspections. The Ministry of Labor and Employment and the CGPU investigated cases of working children. The ministry did not employ enough labor inspectors. Police reported no pending Child Labor Court cases.

The NGO Beautiful Dream Society reported five cases of sexual harassment but no cases of child labor, sex trafficking, or boys being forced to leave school to work as herdboys (boys who look after livestock).

Government regulations on children working as herdboys regulate the work and distinguish between legal “child work” and illegal “child labor.” The guidelines apply to children younger than age 18 and strictly prohibit the engagement of children at a cattle post, the huts where herders stay when in remote mountain rangelands. In line with international conventions and standards, the law considers herding by children to be illegal child labor only if it deprives herdboys of the opportunity to attend school, obliges them to leave school prematurely, or requires them to combine school attendance with excessively long hours and difficult working conditions. The highest estimated percentage of working children was in herding.

Children also engaged in domestic service and street work, including vending.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment and occupation, but it occurred. Discrimination based on race is barred, but discrimination based on disability is not explicitly prohibited. The law’s prohibition of gender-based discrimination is ambiguous. Generally, gender-based employment discrimination is prohibited. Nevertheless, in certain sectors, such as mining, what the law refers to as “fair discrimination” permits employers to decline to hire women for dangerous jobs. There is no provision for equal pay for equal work.

According to the NGO Women and Law in Southern Africa, there was no legal basis for discrimination against women in employment, business, and access to credit, although social barriers to equality remained. Both men and women reported hiring practices often aligned with gender, with men preferentially selected for certain positions (such as mechanics) and women preferentially selected for other positions (such as sewing machine operators).

The law prohibits discrimination against those who are HIV-positive. The Ministry of Labor and Employment did not report any such cases during the year.

Migrant workers enjoy the same legal protections, wages, and working conditions as citizens.

e. Acceptable Conditions of Work

There is a sector-specific minimum wage and a general minimum wage. The general minimum monthly wage was above the poverty line. Minimum wage provisions do not cover significant portions of the workforce. Labor law does not apply to workers in agriculture or other informal sectors.

The law stipulates standards for hours of work, including a maximum 45-hour workweek, a weekly rest period of at least 24 hours, a daily minimum rest period of one hour, at least 12 days of paid leave per year, paid sick leave, and public holidays. Required overtime is legal if overtime wages for work in excess of the standard 45-hour workweek are paid. The maximum overtime allowed is 11 hours per week; however, there are exemptions under special circumstances. The law requires the premium pay for overtime be at a rate not less than 25 percent more than the employee’s normal hourly wage rate; any employer who requires excessive compulsory overtime is liable to a fine, imprisonment, or both.

The law empowers the Ministry of Labor and Employment to issue regulations on occupational health and safety standards, and the commissioner of labor is responsible for investigating allegations of labor law violations.

The law requires employers to provide adequate light, ventilation, and sanitary facilities for employees and to install and maintain machinery in a manner that minimizes injury. It also requires each employer to have a registered health and safety officer. Employers must provide first aid kits, safety equipment, and protective clothing. The law also provides for a compensation system for industrial injuries and diseases related to employment. Penalties for violations were insufficient to deter violations. The law holds employers responsible for orienting their employees on safety standards and for providing adequate protective clothing. Workers may be held responsible for accidents if they fail to use provided protective clothing or fail to comply with safety standards.

Labor inspectors worked in all districts and generally conducted unannounced inspections of a random sample of workplaces on a weekly basis. The government did not employ enough labor inspectors. By law the informal sector is not subject to inspection. The Ministry of Labor and Employment’s inspectorate reported employers, particularly in the security, transport, and construction sectors, did not always observe the minimum wage and hours of work laws. Many locally owned businesses did not keep employees’ records to facilitate labor inspections as required by law. Smaller employers failed to establish safety committees, did not have complete first aid kits, and did not provide protective clothing. Except for the mining industry, employers’ compliance with health and safety regulations generally was low. According to the ministry, there was noncompliance with health and safety regulations, especially in construction. Employers took advantage of the fact the ministry failed to prosecute perpetrators.

Trade union representatives described textile sector working conditions as poor or harsh but not dangerous. Union officials stated most textile factories were in prefabricated metal buildings. Unions reported few examples of dangerous health hazards but noted that in government-constructed factories there was usually improper ventilation due to poor planning and design. Employers, who leased factories from the government, were not allowed to change the design of government factory buildings to install ventilation systems. Third-party auditors hired by foreign textile buyers conducted spot checks on many exporting factories, customarily sought labor’s input, and briefed the unions on their findings. Unions believed third-party auditors kept factory owners in line with health and safety regulations.

On August 15, a coalition of labor unions and women’s rights organizations, an apparel supplier, and three apparel brands signed agreements to address GBV in garment factories. In response to allegations of sexual harassment, including some claims of supervisors demanding sexual favors, these agreements provide for the establishment of an independent body to receive complaints of GBV and carry out investigations accordingly.

Many workplace policies covered employees with HIV/AIDS. Some of the larger factories provided health services at the workplace. Where factories did not provide health care, workers had the right to access services at public health centers. Employers provided space for employee examinations and time off for employees to see doctors, receive counseling, and participate in educational and antistigma programs.

The Ministry of Labor and Employment is responsible for enforcing labor law and standards. A study on the rural and informal economy estimated 48 percent of workers were in the informal economy. The ministry’s inspectorate noted penalties were not sufficient to deter violations.

The Ministry of Labor and Employment prepared a report on workplace fatalities and accidents during the year. According to the report, from January through August, there were the following 25 accidents (involving 15 men and 10 women): six in the textile sector, five in the manufacturing sector, four in the security sector, three in the retail sector, three in the construction sector, and four in other sectors.

Working conditions for foreign or migrant workers were like those of residents.

The law does not explicitly provide for workers to remove themselves from situations that endanger their health or safety without jeopardy to their employment. Nevertheless, code provisions on safety in the workplace and dismissal imply such a dismissal would be illegal. Authorities protected employees when violations of the law were reported.

Republic of the Congo

Executive Summary

The Republic of the Congo (ROC) is a presidential republic in which the constitution vests most decision-making authority and political power in the president and prime minister. In 2015 the Republic of the Congo adopted a new constitution that extended the maximum number of presidential terms and years to three terms of five years and provided complete immunity to former presidents. In 2016 the Constitutional Court proclaimed the incumbent, Denis Sassou N’Guesso, the winner of the 2016 presidential election, despite opposition and international criticisms of electoral irregularities. The government last held legislative and local elections in 2017, with legislative election irregularities sufficient to restrict the ability of citizens to choose their government. While the country has a multiparty political system, members of the president’s Congolese Labor Party (PCT) and its allies retained 68 percent of legislative seats, and PCT members occupied almost all senior government positions.

National police, gendarmes, and the military have responsibility for law enforcement and maintenance of order within the country. The national police maintain internal security and report to the Ministry of Interior. The gendarmerie reports to the Ministry of Defense and conducts domestic paramilitary and law enforcement activities. The army, navy, and air force, which also report to the Ministry of Defense, secure the country from external threat but also conduct limited domestic security activities. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included: reports of unlawful or arbitrary killings by the government or on behalf of the government; harsh and life-threatening prison conditions; political prisoners; infringement of citizens’ privacy rights; restrictions on freedoms of peaceful assembly and association; restrictions on the ability of citizens to change their government peacefully; corruption by government officials; violence against women and girls to which government negligence significantly contributed; trafficking in persons; and forced child labor, including the worst forms.

The government took limited steps to prosecute or punish officials who committed abuses, and official impunity was a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right.

Freedom of Expression: Individuals could criticize the government publicly or privately but feared reprisal. The constitution provides for freedom of expression in all forms of communication and prohibits censorship. The constitution, however, criminalizes speech that incites ethnic hatred, violence, or civil war and makes it punishable by no less than five years in prison. It also criminalizes any act or event that promotes racism or xenophobia.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views with some restrictions. Press and media outlets regularly published criticism and satire of the government and senior officials. Most citizens obtained their news from local retransmission of international media and local radio or television stations. There was greater space in electronic media for open discussion of government policy, including critical discussion. International radio broadcasts and satellite television services were available and encouraged discussions of public policy.

Violence and Harassment: There were unconfirmed reports of direct and indirect intimidation of journalists by the government, including telephone calls from official and anonymous persons warning journalists not to use footage of politically sensitive events, and pressure on news outlets not to run certain stories or footage.

Censorship or Content Restrictions: Media outlets were required to register with the Superior Council for Liberty of Communication (CSLC), an official regulatory body. Media outlets that violated council regulations were subject to financial sanctions or temporary shutdown. The president appoints the director of the council.

Many journalists and editors at larger circulation media outlets practiced self-censorship and promoted the editorial views of media owners. Newspapers published open letters written by government opponents.

There were no reports the government revoked journalists’ accreditations if their reporting reflected adversely on the government’s image. An international NGO reported that the CSLC threatened closure of the general news weekly Manager Horizon due to a series of reports it published about alleged embezzlement of public funds by the National Civil Aviation Agency (ANAC). The CSLC summoned Manager Horizon’s editor for questioning on June 24 and August 8 and told him to produce hard evidence of the publication’s claims or refrain from further coverage. The editor received a formal warning notice to comply with the CSLC’s instructions on August 9. As of October 16, the newspaper remained in operation.

Libel/Slander Laws: The press law provides for monetary penalties and suspension of a publication’s permission to print for defamation and incitement to violence.

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at