Area Administered by Turkish Cypriots

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Republic of Cyprus

Since 1974 the southern part of Cyprus has been under the control of the government of the Republic of Cyprus.  The northern part of Cyprus, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983.  The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey.  A substantial number of Turkish troops remain on the island.  A buffer zone, or “Green Line,” patrolled by the UN Peacekeeping Force in Cyprus, separates the two sides.  This report is divided into two parts:  the Republic of Cyprus, and the area administered by Turkish Cypriots.

EXECUTIVE SUMMARY

The northern part of Cyprus has been administered by Turkish Cypriots since 1974 and proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983. The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey. In 2020 Ersin Tatar was elected “president” in free and fair elections. In 2018 voters elected 50 “members of parliament” in free and fair elections. The “Turkish Republic of Northern Cyprus” “constitution” is the basis for the “laws” that govern the area administered by Turkish Cypriot authorities.

Police are responsible for enforcement of the “law.” The “chief of police” reports to a “general,” who is nominally under the supervision of the “prime ministry,” which holds the security portfolio. Police and Turkish Cypriot security forces are ultimately under the operational command of the Turkish armed forces, as provided by the “constitution,” which entrusts responsibility for public security and defense to Turkey. Authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: serious restrictions on freedom of expression and the press including criminal libel laws; refoulement of asylum seekers; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; and crimes involving violence or threats of violence targeting members of national minorities.

Authorities took steps to investigate officials following allegations of human rights abuses. There was evidence, however, of impunity.

Section 4. Corruption and Lack of Transparency in Government

The “law” provides criminal penalties for corruption by “officials.” Authorities did not implement the “law” effectively, and “officials” sometimes engaged in corrupt practices with impunity. There were numerous reports of “government” corruption during the year. Observers generally perceived corruption, cronyism, and lack of transparency to be serious problems in the legislative and executive branches.

Corruption: In 2018 National Unity Party “member of parliament” Aytac Caluda was investigated for claims of misconduct/malpractice, allegedly losing 283 million Turkish lira ($37 million) in “state” funds for signing foreign worker permits without necessary prepermissions and waiving the fee. Caluda’s “parliamentary” immunity was lifted in 2018 for the investigation. In March the “high court” announced that Caluda could not be prosecuted because the alleged crimes did not fall under “high court” jurisdiction. The “attorney general’s office” reported that another court hearing was scheduled for December.

In July a civil servant working as a cashier at the “tax department” was arrested for embezzling one million Turkish lira ($130,000) in driver’s license fees since 2016. The “court” ordered an asset freeze for the cashier. According to a police report, other senior officials did not report the missing funds and will also be investigated. The case was under investigation at year’s end.

Financial Disclosure: The “law” requires persons who hold elective office, appointees of the “council of ministers,” “judges” and “prosecutors,” the “ombudsman,” the chair of the “attorney general’s office,” and members of the “attorney general’s office” to declare their wealth and assets. Every five years employees subject to this “law” must declare any movable and immovable property, money, equity shares, stocks, and jewelry worth five times their monthly salary as well as receivables and debts that belong to them, their spouses, and all children in their custody. The disclosure is not publicly available. Once a declaration is overdue, the employee receives a written warning to make a disclosure within 30 days. If an employee fails to do so, authorities file a complaint with the “attorney general’s office.” Penalties for noncompliance include a fine of up to 5,000 Turkish lira ($650), three months’ imprisonment, or both. The penalties for violating confidentiality of the disclosures include a fine of up to 10,000 Turkish lira ($1,300), 12 months’ imprisonment, or both.

In January 2019 local press reported that former National Unity Party leader and “prime minister” Huseyin Ozgurgun inaccurately declared his assets, according to an “attorney general” investigation. Although police charged Ozgurgun with failing to accurately declare wealth and for abuse of public office for private gain and the “parliament” voted to remove Ozgurgun’s immunity, no trial has yet been held as Ozgurgun has been living in Turkey since January. Ozgurgun announced that he resigned from his position as “member of parliament.” In October the “parliament” announced an asset freeze for all of Ozgurgun and his spouse’s assets in the “TRNC.”

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

A limited number of domestic human rights organizations operated in the area administered by Turkish Cypriot authorities. Authorities were rarely cooperative or responsive to their views and requests. NGOs promoted awareness of domestic violence; women’s rights; rights of asylum seekers, refugees, and immigrants; trafficking in persons; police abuse; and the rights of lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. These groups had little effect on “legislation” to improve the protection of human rights. Local NGOs liaised with the United Nations, UNHCR, and international NGOs on human rights issues. Government Human Rights Bodies: There is an “ombudsman,” whose portfolio includes human rights issues. The “ombudsman” investigates and reports on institutions that exercise administrative and executive powers and ensures that “legislation” and “court” decisions are properly implemented. The “ombudsman” can initiate investigations in response to media reports, complaints from individuals and organizations, or on its own initiative. The “ombudsman” was not always effective because it could not enforce its recommendations.

Government Human Rights Bodies: There is an “ombudsman,” whose portfolio includes human rights issues. The “ombudsman” investigates and reports on institutions that exercise administrative and executive powers and ensures that “legislation” and “court” decisions are properly implemented. The “ombudsman” can initiate investigations in response to media reports, complaints from individuals and organizations, or on its own initiative. The “ombudsman” was not always effective because it could not enforce its recommendations.

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

Women

Rape and Domestic Violence: The “law” criminalizes rape, including spousal rape, and provides for a maximum sentence of life imprisonment. Authorities and police did not enforce the “law” effectively. No “laws” specifically address domestic violence. The “law” prohibits domestic violence under various assault and violence or battery clauses, with a maximum sentence of four years’ imprisonment.

Violence against women, including spousal abuse, remained a major problem. The Nicosia Turkish Municipality operated a shelter for victims of domestic violence, and there were local NGOs that supported rape and domestic violence victims. Turkish Cypriot authorities also reported establishing gender focal points at relevant “ministries” to respond to complaints of violence against women.

In one example police arrested a man in April 2019 on suspicion of killing his 47-year-old wife in Alaykoy (Yerolakkos). The victim’s daughter and sister told press outlets the suspect had physically abused and threatened to kill the victim on many occasions. They claimed the victim complained to police many times and alleged that police did not take her complaints seriously. In 2019 the suspect was sent to prison pending trial, which continued at year’s end.

Nicosia district police in the area administered by Turkish Cypriots operated the specialized Combating Violence against Women Unit to respond to complaints of domestic violence, including calls to a dedicated hotline. Turkish Cypriot police reported they investigated 801 reports of abuse against women from January to September. The unit reported they received 241 complaints regarding physical violence, 135 complaints of verbal violence, and 124 general disturbances. The unit reported they receive 89 cases per month on an average basis. The unit reported there was a 12 percent decrease in the number of cases during the lockdown between March and May.

In April the Nicosia Turkish Municipality’s Domestic Violence Project coordinator reported that “there is an increase in domestic violence cases due to COVID-19 because women are forced to stay at home” and that women’s access to support mechanisms was limited. The coordinator noted that, according to an EU-funded survey conducted in the area administered by Turkish Cypriots, in January, 40 percent of women were subject to physical violence, 60 percent were subject to psychological violence, and 25 percent to sexual violence.

In May the Side-by-Side against Violence project coordinator stated that 35 female survivors of violence applied for protection in March and April, marking an increase in domestic violence cases due to COVID-19 and lockdown. The group stated that the municipality received an average of seven complaints monthly in 2019.

At the end of August, the Combating Violence against Women Unit reported that it received 1,765 complaints from women since it opened in 2018. The unit reported that 41 percent of the complaints were for verbal violence; 38 percent were for physical violence; 5 percent were for violence towards property (including cell phones, houses, cars, etc.); and 4 percent concerned sexual violence, including rape, sexual abuse, and sexual harassment.

In January the Kyrenia “court” sentenced a man to six years in jail for torturing his wife with a belt. The penalty was reported to be the highest given by a “court” for domestic violence in the history of the community.

On March 8, International Women’s Day, a 45-year-old woman, Elif Lort, was stabbed repeatedly in the middle of the street in Kyrenia by her husband. Lort died in the hospital; police apprehended and arrested the husband. An investigation was ongoing at year’s end.

Sexual Harassment: The “criminal code” prohibits sexual harassment and considers it a misdemeanor punishable by up to 12 months’ imprisonment, an unspecified fine, or both. According to NGOs sexual harassment went largely unreported. A group of international students reported widespread sexual harassment of female international students and that police routinely dismissed complaints of sexual harassment from international students.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of “government” authorities.

Discrimination: The “law” provides the same “legal” status and rights for women and men, but authorities did not enforce the “law” effectively. Women experienced discrimination in such areas as employment, credit, owning or managing businesses, education, and housing. For example, female teachers were reportedly instructed to schedule their pregnancies in order to deliver during summer break.

Children

Birth Registration: Children derive “citizenship” from their parents, and there was universal registration at birth, including of children born to migrants.

Child Abuse: The “law” does not explicitly prohibit child abuse, but it does prohibit sexual abuse of children, which carries a penalty of up to six years’ imprisonment. There were reports of child abuse. As with domestic violence, there were social and cultural disincentives to seeking legal remedies for such problems.

Child, Early, and Forced Marriage: The minimum age of marriage for girls and boys is 18. A “court” may allow marriages of minors who are 16 or 17 if they receive parental consent.

Sexual Exploitation of Children: The “law” prohibits commercial sexual exploitation of children, and authorities generally enforced the prohibition. The age of consent is 16. Statutory rape or attempted statutory rape of a minor younger than 16 is a felony, and the maximum penalty is life imprisonment. If the offender is younger than 18 and two years or fewer apart in age from the victim, the act is a misdemeanor punishable by up to two years in prison, an unspecified fine, or both. The new cybercrime “law” enacted in July makes possession or production of child pornography punishable by up to 15 years in prison.

Anti-Semitism

There were approximately 150 persons in the Jewish community, which primarily consisted of nonresident businesspersons. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The “law” protects the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to social benefits, and prohibits discrimination against them. Authorities did not effectively enforce all parts of the “law.” For example the disability community complained of the absence of accessible infrastructure in public areas, including lack of sidewalks, blocked sidewalks, and inaccessible public transportation.

The Turkish Cypriot Orthopedic Disabled Persons Association reported many buildings, sidewalks, and public bathrooms were not accessible to persons with disabilities. The association claimed the “government” had not employed a single person with disabilities since 2006, although the “law” requires 4 percent of public-sector positions be filled by persons with disabilities.

Children with disabilities attend specific schools that are “state” funded.

Authorities reported as of August 2019, more than 270 persons with disabilities worked in the “government.” In September the “council of ministers” decided to provide social security and provident fund contributions to persons with disabilities employed in the private sector to create incentives for private-sector employment. Authorities also reported that nearly 4,986 persons with disabilities received financial aid from the “government” as of September.

Members of National/Racial/Ethnic Minority Groups

The “law” prohibits discrimination, and the 1975 Vienna III Agreement remains the legal source of authority regarding the treatment of the 310 Greek Cypriot and 62 Maronite residents in the area administered by Turkish Cypriot authorities.

Greek Cypriots and Maronites living in the area administered by Turkish Cypriots could take possession of some of their properties in that area but were unable to leave their properties to heirs residing in the government-controlled area. Maronites living in the government-controlled area could use their properties in the north only if those properties were not under the control of the Turkish military or allocated to Turkish Cypriots.

Foreign domestic workers faced discrimination and, at times, violence.

Public Sector Workers Union (KTAMS) reported that many foreign workers receive salaries below minimum wage.

An NGO reported that seasonal workers who came from Turkey during the pandemic were not paid and were stranded in Cyprus for several months until authorities ultimately provided transportation back to Turkey. In February, approximately 300 Bangladeshi, Pakistani, and Sri Lankan foreign workers employed by Omag Construction reported to police that they had not received their salaries for four months. The foreign workers told police they each gave $1,390 to the company for “visa/permit fees,” and were threatened by people at Omag Construction posing as police officers to remain silent about not receiving their wages. The workers also reported they believed the false “police officers” to be members of the mafia and that they had taken three of the workers, who had not been heard from since.

On March 13, the “council of ministers” adopted a decision to prevent the spread of the coronavirus and barred private sector workers in the north, including domestic workers, from traveling to households to work. The “government” announced a 1,500 Turkish lira ($195) monthly assistance payment for some private sector workers affected by COVID-19 pandemic-related business closures but limited the subsidy to “TRNC” and Turkish citizens and excluded all other foreign workers.

There were reports of social and job discrimination against Kurds in the area administered by Turkish Cypriots, as well as allegations that police closely monitored Kurdish activities.

Some of the approximately 10,000 African students reportedly studying at universities in the area administered by Turkish Cypriot authorities reported racial discrimination in housing, employment, and interactions with law enforcement. Thirty to forty thousand foreign students, excluding Turkish students, study at universities in the area administered by Turkish Cypriots. In April the Voice of International Students in Cyprus (VOIS) said authorities excluded foreign students from receiving food packages that citizens were receiving. VOIS claimed that authorities ignored foreign students and deprived them of medical and other support during the lockdown and pandemic. A student organization reported an African student, a single mother, asked authorities at the Famagusta police station to arrest her hoping that she and her child would be provided food in jail.

In March, VOIS criticized former “prime minister” Ersin Tatar for making a racist statement on television when he said, “The responsibility to take care of the thousands of African students who live in the ‘TRNC’ lies on those who brought them here. Either universities or employers. Before the COVID-19 crisis this was already a problem. This is now an opportunity to clean them out. This is not racism, but we have to protect our citizens.”

In June, VOIS announced the results of an online survey of foreign university students living in the area administered by Turkish Cypriots: 88.2 percent of those interviewed said they had been victims of racism; 52.6 percent of this racial discrimination happened on campus, and 40 percent happened off campus. In addition 81.4 percent said racism was a serious problem in the area administered by Turkish Cypriots that needed to be addressed within society.

The RRA said the minister of interior did not provide enough support to foreign students. The RRA identified the groups at highest risk, whose numbers were unknown, as unregistered students, workers, and migrants. The RRA also said NGOs were unable to leave their houses to investigate complaints or distribute donations to those in need due to COVID-19 related restrictions.

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

The “law” prohibits discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services based on sexual orientation or gender identity. Authorities did not effectively enforce the “law.”

While there were no cases recorded of official or societal discrimination based on sexual orientation or gender identity in employment, housing, or access to education or health care, members of the LGBTI community noted an overwhelming majority of LGBTI persons concealed their sexual orientation or gender identity to avoid potential discrimination.

The Queer Cyprus Association said LGBTI persons often could not access legal remedies to discrimination based on sexual orientation or gender identity because authorities declined to enforce them.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The “law” provides for the rights of workers, except members of police and other Turkish Cypriot security forces, to form and join independent unions of their own choosing without prior authorization. The “law” allows unions to conduct their activities without interference and provides for their right to strike, with the provision that a union notify authorities in writing if members planned to strike for longer than 24 hours. The “law” does not permit “judges,” members of the police force, or other Turkish Cypriot security forces to strike. The “council of ministers” has the power to prohibit a strike in any individual sector twice a year for up to 60 days if it affects the general health, security, or public order, or if it prevents the provision of essential services. There is no list of what constitutes essential services.

The “law” provides for collective bargaining. The “ministry of labor” reported that employers could not condition employment on membership or nonmembership in a union or participation in strikes. The “law” does not provide for reinstatement of workers fired for union activities.

The “government” did not effectively enforce applicable “laws.” Despite having freedom of association and the right to engage in collective bargaining, very few private-sector workers were unionized, according to labor union representatives. A union representative said that if private-sector workers affected business operations while exercising their rights, employers would likely dismiss them. Some companies pressured workers to join unions that the company led or approved. Officials of independent unions claimed authorities created public-sector unions as rivals to weaken the independent unions.

Turkish Cypriot Public Sector Workers Union (KTAMS) reported that 35 percent of the public sector and 0.5 percent of the private sector workers are members of labor unions. Police and members of other Turkish Cypriot security forces cannot join unions.

Labor authorities did not effectively enforce the “law.” Penalties for employers convicted of violating the “law” were not commensurate with those for violating other “laws” involving the denial of civil rights and were sporadically enforced.

In March the DEV-IS labor union began an indefinite strike for their members employed at the Buyukkonuk municipality. The union claimed their members had not received their salaries since November and their customary 13th month bonus from 2019. On the eighth day of the strike, the “council of ministers” banned the strike on the grounds that “it prevented the provision of essential services.” Union members employed at the municipality then began a work slowdown. Police launched an investigation on the grounds that they did not comply with the “council of ministers’” decision. In April, DEV-IS members and the “mayor” of Buyukkonuk were invited to the “ministry of interior” to sign an agreement that included the payment of December and January salaries, and the payment of the 13th month bonus in installments. The union reported the 13th month bonus has not been paid, but all other salaries were paid with a one month delay.

Public and semipublic employees benefited from collective bargaining agreements. Semipublic employees worked for companies run jointly by public and private enterprises where, for example, the “government” handled administration while the company’s budget came from private sources.

b. Prohibition of Forced or Compulsory Labor

The “law” prohibits all forms of forced or compulsory labor, but the “government” did not effectively enforce it. Penalties for violations of the “law” were not commensurate with those for other serious crimes.

There were reports of forced labor during the year, primarily in agriculture, construction, and the industrial sector. A labor union representative reported migrant workers in the construction and agricultural sectors were subjected to reduced wages, nonpayment of wages, beatings, and threats of deportation.

A researcher reported that universities were used to smuggle and traffic large numbers of Africans and South Asians. Some foreign students who could not pay their tuition after arriving in the area administered by Turkish Cypriots became vulnerable to exploitation, including 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 the worst forms of child labor. The minimum age for restricted employment is 15, the last year at which education is compulsory. Employers may hire children between the ages of 15 and 18 in apprentice positions under a special status. Children older than 15 are restricted to not more than six hours of work per day and 30 hours per week. The “law” prohibits children between the ages of 15 and 18 from working during mealtimes, at night, in heavy physical labor, and under dangerous conditions. The “law” also states that every six months the employer must prove, with medical certification, that the physical work done by a child is suitable for children. Written parental consent is also required, and children are entitled to the hourly wage of a full-time employee.

Authorities reported they received three complaints to the child labor hotline during the reporting period: two children working at construction sites and one at a market.

The “ministry of labor and social security” is responsible for enforcing child labor “laws” and policies. Resources and inspections were not sufficient and penalties for violations were not commensurate with those of other serious crimes.

Authorities did not always effectively enforce the “laws,” and NGOs reported that primarily Turkish children often worked alongside their families in the agricultural, manufacturing, automotive, and construction sectors. NGOs reported children worked in dangerous conditions, such as on construction sites, and were subjected to heavy physical work despite “legal” prohibitions.

Child labor in the urban informal economy was also a problem, albeit to a lesser extent than in agriculture and manufacturing. It was common in family-run shops for children to work after school and for young children to work on family farms.

d. Discrimination with Respect to Employment and Occupation

The “law” generally prohibits discrimination with respect to employment or occupation on the basis of race, sex, gender, disability, language, sexual orientation or gender identity, and social status. The “law” does not specifically address discrimination with respect to religion, political opinion, or HIV-positive status, which were addressed by general “regulations.” Authorities did not effectively enforce the “law” and penalties for violations were not commensurate with those for violating other “laws” related to civil rights. Discrimination in employment and occupation occurred with respect to race, ethnicity, sex, disability, and gender.

Authorities reported there were more than 49,495 registered foreign workers in the area administrated by Turkish Cypriot authorities, mainly from Turkey, Pakistan, Turkmenistan, Bangladesh, and the Philippines. Foreign migrant workers faced societal discrimination based on their ethnicity, race, and religious belief. Greek Cypriots faced social and employment discrimination.

Women faced sexual harassment in the workplace, but most instances of sexual harassment went unreported. Women held far fewer managerial positions than men.

LGBTI individuals often concealed their sexual orientation and gender identity in the workplace to avoid discrimination. Persons with disabilities routinely found it physically difficult to access workplaces.

e. Acceptable Conditions of Work

The “government” increased the minimum wage during the year, but it remained below the poverty level for a family of four, as inflation and the cost of living outpaced the increase. The “ministry of labor and social security” is responsible for enforcing the minimum wage, but it did not effectively do so. The penalties for noncompliance were not commensurate with those for other similar crimes.

According to the “statistics department,” the poverty threshold was estimated at 3,769 Turkish lira ($450) per month.

There was premium pay for overtime in the public sector. Premium pay for overtime is also required, but frequently not paid, in the private sector. The “law” prohibits compulsory overtime and provides for paid annual holidays.

Occupational safety and health standards were insufficient. Authorities did not effectively enforce safety and health standards, and the number of inspectors was not sufficient to enforce compliance. Multinational companies reportedly met health and safety standards. Workers could not remove themselves from situations that endangered health or safety without jeopardizing their employment. Authorities could conduct unannounced inspections or initiate sanctions, but according to unions and associations, inspections were not adequately carried out. Authorities commonly deported migrant workers claiming violations. Authorities did not penalize violators, and inspections were not adequate to protect worker rights. The “government” has not established social protections for workers in the informal economy. Accommodations for migrant workers, either as part of their compensation or for those made to pay, were substandard.

There was little improvement in working conditions, particularly in hazardous sectors and for vulnerable groups. Authorities reported there were 179 major industrial accidents occurred during the year that caused two deaths. “Authorities” also reported they provided eight persons with pensions (based on their) incapacity to work.

Read a Section

Republic of Cyprus

Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. Presidential and legislative elections were held in 2018. Voters elected Ivan Duque Marquez president in a second round of elections that observers considered free and fair and the most peaceful in decades.

The Colombian National Police force is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense. The Migration Directorate, part of the Ministry of Foreign Affairs, is the immigration authority. The Colombian National Police shares law enforcement investigatory duties with the Attorney General’s Corps of Technical Investigators. In addition to its responsibility to defend the country against external threats, the army shares limited responsibility for law enforcement and maintenance of order within the country. For example, military units sometimes provided logistical support and security for criminal investigators to collect evidence in high-conflict or remote areas. Civilian authorities generally maintained effective control over security forces. Members of the security forces committed some abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings; reports of torture and arbitrary detention by government security forces and illegal armed groups; rape and abuse of women and children, as well as unlawful recruitment of child soldiers by illegal armed groups; criminalization of libel; widespread corruption; violence against and forced displacement of Afro-Colombian and indigenous persons; violence against lesbian, gay, bisexual, transgender, and intersex persons; child labor; and killings and other violence against trade unionists.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, although some cases continued to experience long delays.

Illegal armed groups, including dissidents of the Revolutionary Armed Forces of Colombia (FARC), National Liberation Army (ELN), and drug-trafficking gangs, continued to operate. Illegal armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, extortion, and other abuses, such as kidnapping, torture, human trafficking, bombings, restriction on freedom of movement, sexual violence, recruitment and use of child soldiers, and threats of violence against journalists, women, and human rights defenders. The government investigated these actions and prosecuted those responsible to the extent possible.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices without punishment. Revenues from transnational organized crime, including drug trafficking, exacerbated corruption.

Corruption: Through September the Attorney General’s Office registered 30,724 allegations related to corruption and registered 4,070 formal corruption charges. In April the comptroller general, the attorney general, and the inspector general established a unit to monitor funds allocated as part of the COVID-19 response, following allegations of corruption. The Attorney General’s Office announced investigations into more than 40 public officials, including the minister of agriculture, governors, and mayors, for corruption related to the administration of contracts for COVID-19 emergency support.

Financial Disclosure: By law public officials must file annual financial disclosure forms with the tax authority. The information is not made public. The law states that persons who intend to hold public office or work as contractors for the government for more than three months shall submit a statement of assets and income as well as information on their private economic activity. The human resources chief in each entity is responsible for verifying the information submitted. Congress maintained a website on which members could voluntarily post their financial information.

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

A wide 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 typically cooperative and willing to listen to local human rights groups’ concerns.

Several NGOs reported receiving threats in the form of email, mail, telephone calls, false obituaries, and objects related to death, such as coffins and funeral bouquets. The government condemned the threats and called on the Attorney General’s Office to investigate them. Some activists claimed the government did not take the threats seriously.

The government announced advances in the investigations into attacks and killings of human rights defenders and assigned priority resources to these cases.

Through July the Attorney General’s Office reported 471 active investigations into threats against human rights defenders. There were three convictions in cases of threats against human rights defenders during the year.

As of July the NPU’s protection program provided protection to more than 7,000 individuals. Among the NPU’s protected persons were 5,144 human rights activists.

Government Human Rights Bodies: The ombudsman is independent, submits an annual report to the House of Representatives, and has responsibility for providing for the promotion and exercise of human rights. According to human rights groups, underfunding of the Ombudsman’s Office limited its ability to monitor violations effectively. The ombudsman, as well as members of his regional offices, reported threats from illegal armed groups issued through pamphlets, email, and violent actions.

The National System for Human Rights and International Humanitarian Law–led by a commission of 18 senior government officials, including the vice president–designs, implements, and evaluates the government’s policies on human rights and international humanitarian law. The Office of the Presidential Advisor for Human Rights coordinates national human rights policy and actions taken by government entities to promote or protect human rights.

Both the Senate and House of Representatives have human rights committees that served as forums for discussion of human rights problems.

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

Women

Rape and Domestic Violence: Although prohibited by law, rape of men or women, including spousal rape, remained a serious problem. The law provides for sentences ranging from eight to 30 years’ imprisonment for violent sexual assault. For acts of spousal sexual violence, the law mandates prison sentences of six months to two years. By law femicide is punishable with penalties of 21 to 50 years in prison, longer than the minimum sentence of 13 years for homicide.

Violence against women, as well as impunity for perpetrators, continued to be a problem. Members of illegal armed groups continued to rape and abuse women and children sexually. Family-violence hotlines reported a 160 percent increase in calls during the COVID-19 national quarantine.

The government continued to employ the Elite Sexual Assault Investigative Unit interagency unit in Bogota, which was dedicated to the investigation of sexual assault cases. From January through July, the Attorney General’s Office opened 58,000 investigations into domestic violence, with women identified as the victim in 39,000 of those investigations.

The law requires the government to provide victims of domestic violence immediate protection from further physical or psychological abuse.

The Ministry of Defense continued implementing its protocol for managing cases of sexual violence and harassment involving members of the military. The district secretary of women in Bogota and the Ombudsman’s Office offered free legal aid for victims of gender violence and organized courses to teach officials how to treat survivors of gender violence respectfully.

The law augments both imprisonment and fines if a crime causes “transitory or permanent physical disfigurement,” such as acid attacks, which have a penalty of up to 50 years in prison.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but isolated incidents were reported in several indigenous communities in different parts of the country. Two-thirds of women from the Embera community had undergone FGM/C, according to the UN Population Fund.

Sexual Harassment: The law provides measures to deter and punish harassment in the workplace, such as sexual harassment, verbal abuse or derision, aggression, and discrimination, which carries a penalty of one to three years’ imprisonment. Nonetheless, NGOs reported sexual harassment remained a pervasive and underreported problem in workplaces and in public.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, and violence. Contraception was widely available. The government provided access to sexual and reproductive services for survivors of sexual violence, including survivors of conflict-related sexual violence.

The law criminalizes abortion except in cases of rape, danger to the life of the mother, or serious health problems of the fetus.

Coercion in Population Control: Coerced abortion is not permitted under the law, and there were no reports of coerced abortion or involuntary sterilization on the part of government authorities. The law, however, allows the involuntary surgical sterilization of children with cognitive and psychosocial disabilities in certain cases.

Through August 31, the Attorney General’s Office reported opening five investigations related to cases of forced abortion.

Discrimination: Although women have the same legal rights as men, discrimination against women persisted. The Office of the Advisor for the Equality of Women has primary responsibility for combating discrimination against women, but advocacy groups reported that the office remained seriously underfunded. The government continued its national public policy for gender equity.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory in most cases. Most births were registered immediately. If a birth is not registered within one month, parents may be fined and denied public services.

Child Abuse: Child abuse was a serious problem. The Attorney General’s Office reported almost 7,850 criminal prosecutions for sexual crimes against minors through August. The Colombian Family Welfare Institute (ICBF) reported that between January and June 30, there were approximately 4,730 cases of child abuse in addition to 5,250 cases of sexual abuse of a minor. The ICBF provided psychosocial, legal, and medical care to victims.

Child, Early, and Forced Marriage: Marriage is legal at the age of 18. Boys older than 14 and girls older than 12 may marry with the consent of their parents. According to UNICEF, 5 percent of girls were married before age 15 and 23 percent before age 18.

Sexual Exploitation of Children: Sexual exploitation of children remained a problem. The law prohibits sexual exploitation of a minor or facilitating the sexual exploitation of a minor and stipulates a penalty of 14 to 25 years in prison, with aggravated penalties for perpetrators who are family members of the victim and for cases of sexual tourism, forced marriage, or sexual exploitation by illegal armed groups. The law prohibits pornography using children younger than 18 and stipulates a penalty of 10 to 20 years in prison and a fine for violations. The minimum age for consensual sex is 14. The penalty for sexual activity with a child younger than 14 ranges from nine to 13 years in prison. The government generally enforced the law.

On May 27, police dismantled a child sexual-trafficking ring in the department of Meta. Police raided a residential building after neighbors reported suspicious activity. When police officers entered, they found five rooms where “webcam modeling” was taking place–minors performing sex acts for a live virtual audience for a fee. Police captured the webcam business owner and her recruiter. As of September they were facing charges of pornography with an underage person, forced prostitution, and facilitation to offer sexual activities with persons younger than 18. According to media reports, the economic fallout from COVID-19 pandemic resulted in an increase in “webcam modeling.”

Displaced Children: The NGO Consultancy for Human Rights and Displacement estimated in 2016 that 31 percent of persons registered as displaced since 1985 were minors at the time they were displaced (see also section 2.e.).

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community, which had an estimated 5,000 members, continued to report instances of anti-Israeli rhetoric connected to events in the Middle East, accompanied by anti-Semitic graffiti near synagogues, as well as demonstrations in front of the Israeli embassy that were sometimes accompanied by anti-Semitic comments on social media. In particular the Colombian Confederation of Jewish Communities expressed concern over the presence of BDS (Boycott, Divestment, Sanctions) Colombia, which promotes the boycott of Israeli products and travel and does not actively counter the conflation of anti-Israeli policies with anti-Semitic rhetoric.

Trafficking in Persons

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

Persons with Disabilities

The law punishes those who arbitrarily restrict the full exercise of the rights of persons with disabilities or harass persons with disabilities, but enforcement was rare. The law prohibits discrimination against persons with physical and mental disabilities but does not explicitly prohibit discrimination against persons with sensory or intellectual disabilities. No law mandates access to information and telecommunications for persons with disabilities. Law 1996, adopted in 2019, recognizes that persons with disabilities older than 18 have full legal capacity.

The Office of the Presidential Advisor for Human Rights under the high counselor for postconflict, public security, and human rights, along with the Human Rights Directorate at the Ministry of Interior, is responsible for protecting the rights of persons with disabilities. According to Somos Defensores and other NGOs, the law was seldom enforced.

Although children with disabilities attended school at all levels, advocates noted the vast majority of teachers and schools were neither trained nor equipped to educate children with disabilities successfully. Advocacy groups also stated children with disabilities entered the education system later than children without disabilities and dropped out at higher rates. Persons with disabilities were unemployed at a much higher rate than the general population.

In 2013 the State Council ordered all public offices to make facilities accessible to persons with disabilities and asked public officials to include requirements for accessibility when granting licenses for construction and occupancy. The State Council also asked every municipality to enforce rules that would make all public offices accessible to persons with disabilities “in a short amount of time.” It was not clear if much progress had been made at the municipal level, but several government ministries reported progress, such as adding ramps, designating parking spaces, and improving bathroom access.

Members of National/Racial/Ethnic Minority Groups

According to the 2018 national census, approximately 9.3 percent of the country’s population described themselves as being of African descent. A 2011 UN report estimated Afro-Colombians made up 15 to 20 percent of the population, while human rights groups and Afro-Colombian organizations estimated the proportion to be 20 to 25 percent.

Afro-Colombians are entitled to all constitutional rights and protections, but they faced significant economic and social discrimination. According to a 2016 UN report, 32 percent of the country’s population lived below the poverty line, but in Choco, the department with the highest percentage of Afro-Colombian residents, 79 percent of residents lived below the poverty line. NGOs and the OHCHR reported that Afro-Colombian and indigenous communities continued to be disproportionately affected by illicit economic activities in rural territories that lacked sufficient state presence.

The government continued a policy to promote equal opportunity for black, Afro-Colombian, Palenquera, and Raizal populations. (Palenquera populations inhabit some parts of the Caribbean coast, Raizal populations live in the San Andres Archipelago, and Blacks and Afro-Colombians are Colombians of African descent who self-identify slightly differently based on their unique linguistic and cultural heritages.) The Ministry of Interior provided technical advice and funding for social projects presented by Afro-Colombian communities.

The National Autonomous Congress of Afro-Colombian Community Councils and Ethnic Organizations for Blacks, Afro-Colombians, Raizals, and Palenqueras, consisting of 108 representatives, met with government representatives on problems that affected their communities.

Indigenous People

The law gives special recognition to the fundamental rights of indigenous persons, who make up approximately 4.4 percent of the population, and require the government to consult beforehand with indigenous groups regarding governmental actions that could affect them.

The law accords indigenous groups perpetual rights to their ancestral lands, but indigenous groups, neighboring landowners, and the government often disputed the demarcation of those lands. Traditional indigenous groups operated 842 reservations, accounting for approximately 28 percent of the country’s territory. Illegal armed groups often violently contested indigenous land ownership and recruited indigenous children to join their ranks.

The law provides for special criminal and civil jurisdictions within indigenous territories based on traditional community laws. Legal proceedings in these jurisdictions were subject to manipulation and often rendered punishments more lenient than those imposed by civilian state courts.

Some indigenous groups continued to assert they were not able to participate adequately in decisions affecting their lands. The constitution provides for a “prior consultation” mechanism for indigenous communities, but it does not require the government to obtain the consent of those communities in all cases. In October indigenous communities convened in several cities to hold a protest known as a minga to draw attention to violence in rural territories and to press for increased government attention to the 2016 peace accord implementation.

The government stated that for security reasons, it could not provide advance notice of most military operations, especially when in pursuit of enemy combatants, and added that it consulted with indigenous leaders when possible before entering land held by their communities.

Despite special legal protections and government assistance programs, indigenous persons continued to suffer discrimination and often lived on the margins of society. They belonged to the country’s poorest population and had the highest age-specific mortality rates.

Killings of members and leaders of indigenous groups remained a problem. According to the NGO National Indigenous Organization of Colombia, since the signing of the peace accord, 274 indigenous persons had been killed. The OHCHR’s February report noted particular concern for the safety of indigenous communities, particularly in the department of Cauca, where the OHCHR registered the killing of 66 members of the indigenous Nasa people. In July soldiers from the army’s Second Division allegedly killed indigenous leader Joel Aguablanca Villamizar during a military operation targeting the ELN.

Despite precautionary measures ordered by the Inter-American Commission on Human Rights, ethnic Wayuu children continued to die of malnutrition. According to a 2015 government survey, 77 percent of indigenous households in the department of La Guajira, where the largest number of Wayuu lived, were food insecure. An August Human Rights Watch report stated that the travel restrictions associated with the government’s COVID-19 national quarantine severely limited the Wayuu’s access to food.

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

There were allegations of police violence based on sexual orientation. There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education; however, there were reports of discrimination with respect to access to health care. The government approved a national action plan to guarantee lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights for the 2019-2022 period. In August the constitutional court determined that medical insurance companies must bear the costs of gender affirmation and reassignment surgeries.

Despite government measures to increase the rights and protection of LGBTI persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. In the first eight months of the year, the Ombudsman’s Office reported 388 cases of violence against LGBTI persons, up from up from 309 cases in the whole of 2019. The primary forms of abuse were physical, sexual, and psychological aggression, in addition to economic discrimination.

The Ombudsman’s Office reported the killings of 63 LGBTI persons from January to August and also cited 36 cases of aggression by police officers. The majority of the victims were transgender women. In July an unknown assailant shot and killed LGBTI leader Mateo Lopez Mejia in Circasia, Quindio, while he led a community event in a sports complex. As of August the Attorney General’s Office reported 29 open investigations into excessive use of force by military or police against LGBTI persons.

Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service. As part of COVID-19 national quarantine, some cities instituted movement restrictions based on gender. NGOs noted this resulted in discrimination against the transgender community and a loss of access to services.

HIV and AIDS Social Stigma

There were confirmed reports of societal violence or discrimination against persons with HIV/AIDS. On May 29, paramedics in Bogota allegedly refused to provide medical care upon learning the patient was HIV positive. The patient died 90 minutes after the paramedics left. Bogota city officials subsequently opened an investigation. In its most recent demographic and health survey (2015), the government reported the responses of 78 percent of those surveyed indicated discriminatory attitudes towards persons with HIV/AIDS, reflecting low levels of social acceptance throughout the country.

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, and it prohibits antiunion discrimination. Members of associated workers’ cooperatives are not allowed to form unions, since the law recognizes members of a cooperative as owners. The law prohibits members of the armed forces and police from forming or joining unions. The law provides for automatic recognition of unions that obtain 25 signatures from potential members and that comply with a registration process. Public-sector employees have the right to bargain collectively. The government and employers generally respected freedom of association and collective bargaining in practice.

The law permits associated workers’ cooperatives (CTAs), collective pacts, and union contracts. Under collective pacts, employers may negotiate accords on pay and labor conditions with workers in workplaces where no union is present or where a union represents less than one-third of employees. Law and regulations prohibit the use of CTAs and collective pacts to undermine the right to organize and bargain collectively, including by extending better conditions to nonunion workers through such pacts. Through a union contract, a company may contract a union, at times formed explicitly for this purpose, for a specific job or work; the union then in essence serves as an employer for its members. Workers who belong to a union that has a union contract with a company do not have a direct employment relationship with either the company or the union. Labor disputes for workers under a union contract may be decided through an arbitration panel versus labor courts if both parties agree.

The law does not permit members of the armed forces, police, and persons performing “essential public services” to strike. Before conducting a strike, unions must follow prescribed legal procedures, including entering into a conversation period with the employer, presenting a list of demands, and gaining majority approval in the union for a strike. The law limits strikes to periods of contract negotiations or collective bargaining and allows employers to fire trade unionists who participate in strikes or work stoppages ruled illegal by the courts.

The government has the authority to fine labor rights violators. The law stipulates that offenders repeatedly misusing CTAs or other labor relationships shall receive the maximum penalty and may be subject to losing their legal status to operate. Employers who engage in antiunion practices may also be imprisoned for up to five years, although government officials acknowledged a fine was more likely than imprisonment. Prohibited practices include impeding workers’ right to strike, meet, or otherwise associate, and extending better conditions to members of collective pacts than to union members. The penalties under the law, which are commensurate with those prescribed for other violations regarding denials of civil rights such as discrimination, would be sufficient to deter violations but were not levied consistently.

Government enforcement of applicable laws was inconsistent. Despite steps by the Ministry of Labor to strengthen its labor law inspection system, the government did not establish a consistent national strategy to protect the rights to freedom of association and collective bargaining. The government did not have in place a system to ensure timely and regular collection of fines related to these protections. Structural challenges adversely affected prosecutions, which resulted in a continued high rate of impunity for violators of these rights, including in cases of threats and violence against unionists.

In March and April, the Ministry of Labor passed multiple resolutions requiring the Vice Ministry of Labor Relations and Inspections and other labor law enforcement agencies to comply with national mandates aiming to prevent the spread of COVID-19, as well as to ensure proper oversight of petitions stemming from the labor and employment impacts of the pandemic and national lockdown. These resolutions stipulated that the labor inspectorate suspend activities entailing physical contact with parties during the national health emergency, including field-based inspections and activities of the mobile inspection units as well as hearings related to the conciliation of labor conflicts, with exceptions as determined by regional- and national-level officials. The resolutions also suspended the labor inspectorate’s review and adjudication of labor complaints, including conducting investigations and adjudicating fines and appeals, for violations not directly related to the pandemic, including illegal labor intermediation (abusive subcontracting) and freedom of association violations.

Excepted from these measures were COVID-19-related priorities such as Ministry of Labor outreach on labor law compliance, including on occupational safety and health issues, as well as administrative actions related to petitions regarding layoffs and furloughs stemming from the pandemic and lockdown. The measures established that because furloughs and layoffs had a national economic and social impact, all petitions, including those filed with the ministry’s regional offices, were centralized and handled by the ministry’s Special Investigations Unit for rigorous oversight (see section 7.e.). This unit, which is part of the labor inspectorate, has the power to investigate and impose sanctions in any jurisdiction. Under normal circumstances, the vice minister of labor relations and inspections decides on a case-by-case basis whether to assign the unit or the regional inspectors to investigate a particular worksite or review a particular case. Prior to the onset of COVID-19, the unit was reportedly overburdened with cases, resulting in denials of union requests for review. In September the Ministry of Labor passed a resolution lifting the suspension of the review and adjudication of non-COVID-19-related labor cases.

As part of its commitments under the 2011 labor action plan, the government continued to take steps to protect internationally recognized labor rights. Inspections by the Ministry of Labor for abusive subcontracting in the five priority sectors of palm oil, sugar, ports, mines, and cut flowers were, however, infrequent, prior to the COVID-19-related suspension of inspections. Critics claimed inspections lacked necessary rigor, assessed fines were not collected, and abusive subcontracting continued. Prior to the onset of COVID-19, it was unclear whether there were any new fines assessed for abusive subcontracting or for abuse of freedom of association in any of the five priority sectors. The government continued to engage in regular meetings with unions and civil society groups on these and related issues.

The Ministry of Labor, in collaboration with the International Labor Organization (ILO), continued to train labor inspectors through a virtual training campus to prepare labor inspectors to identify abusive subcontracting and antiunion conduct, among other violations. It also implemented methods, including contract and process maps, as strategic planning tools to prioritize interventions. The ministry continued to employ a telephone- and internet-based complaint mechanism to report alleged labor violations. Union members complained that the systems did not allow citizens to register anonymous complaints and noted that complaints registered through the telephone and internet systems did not result in action.

The Ministry of Labor leads a tripartite Interinstitutional Commission for the Promotion and Protection of the Human Rights of Workers, with participation by the government, organized labor groups, and the business community. As of August the commission met virtually two times during the year, once in Bogota and once in Pasto.

Judicial police, the Technical Investigation Body, and prosecutors investigating criminal cases of threats and killings are required to determine during the initial phase of an investigation whether a victim is an active or retired union member or is actively engaged in union formation and organization, but it was unclear whether they did so. It could take several months to transfer cases from regional field offices of the Attorney General’s Office to the Attorney General’s Human Rights Directorate, and cases are transferred only with the approval of the attorney general in response to direct requests, instead of automatically.

The government continued to include in its protection program labor activists engaged in efforts to form a union, as well as former unionists under threat because of their past activities. As of August the NPU was providing protection to 301 trade union leaders or members. Less than 1 percent of the NPU’s budget was dedicated to unionist protection as of August. Between January 1 and July 31, the NPU processed 193 risk assessments of union leaders or members; 150 of those individuals were assessed as facing an “extraordinary threat,” and the NPU provided them protection measures. The NPU reported that the average time needed to implement protection measures upon completion of a risk analysis was 60 days in regular cases or five days for emergency cases. NGOs complained that this length of time left threatened unionists in jeopardy.

The protection and relocation of teachers falls under the Ministry of National Education and the departmental education secretaries, but the NPU retains some responsibilities for the risk analysis and protection of family members. According to the Attorney General’s Office, through July 31, one unionized teacher was registered as a victim of homicide.

In cases of unionist killings from previous years, the pace of investigations and convictions remained slow, and high rates of impunity continued, although progress was made in the rate of case resolution. The Attorney General’s Office reported receiving 217 cases of homicides of unionists between January 2011 and July 2020. Whereas between January 2011 and August 2016, there were 20 sentences for homicides issued, between September 2016 and July 2020, an “elite group” working under a national strategy to prioritize cases of homicides against unionists reached 40 sentences. Labor groups stated more needed to be done to address impunity for perpetrators of violence against trade unionists and the large number of threat cases.

The Attorney General’s Office reported the killing of eight trade unionists through July. In 2019 the Attorney General’s Office reported 10 trade unionists killed, down from 24 in 2018. The National Union School (ENS), a labor rights NGO and think tank, reported 14 trade unionists were killed through August. The ENS and other labor groups stated that focusing on killings alone masked the true nature and scope of the violence against labor activists. Labor groups noted that in some regions, nonlethal violations continued to increase. Through August the ENS reported 38 death threats, nine nonlethal attacks, one case of forced disappearance, and seven cases of harassment.

Violence, threats, harassment, and other practices against trade unionists continued to affect the exercise of the right to freedom of association and collective bargaining.

Unions cited multiple instances in which companies fired employees who formed or sought to form new unions. Some employers continued to use temporary contracts, service agencies, and other forms of subcontracting, including cooperatives, to limit worker rights and protections. Fines assessed by the government did little to dissuade violators because fines were often not collected. The government continued to reach formalization agreements with firms engaged in abusive subcontracting or that had labor conflict during the year. In the first two months of the year, prior to the onset of COVID-19 and the related suspension of administrative actions by the Ministry of Labor, the Vice Ministry of Labor Relations and Inspections reported 62 workers benefited from six formalization agreements that the Ministry of Labor reached with employers in key sectors, including commerce, agriculture, health, and transport. During this time, however, there were no formalization agreements reached in any of the five priority sectors. Labor rights groups expressed concern that previously signed formalization agreements were not sufficiently monitored by the ministry.

Labor confederations and NGOs reported that business owners in several sectors used “simplified stock corporations” (SAS), union contracts, foundations, or temporary-service agencies in attempts to circumvent legal restrictions on cooperatives. While in theory SAS workers may exercise their right to organize and bargain collectively with SAS management, it appeared that in some cases the SAS had little or no control over the conditions of employment. The Ministry of Labor stated that a SAS, like any corporate structure, may be fined for labor violations. Labor confederations and NGOs reported these enforcement actions did not address the scope of abusive subcontracting and illegal labor intermediation in the country.

The port workers’ labor union reported Buenaventura port operators engaged in abusive subcontracting through SAS and that Ministry of Labor inspections and adjudication of cases at the Buenaventura port were ineffective in safeguarding the rights to freedom of association and collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law in all cases, and there were reports that such practices occurred. The law prescribes punishments sufficient to deter violations. The ILO noted the law permits military conscripts to be compelled to undertake work beyond that of a military nature, such as activities designed to protect the environment or natural resources.

There were reports ELN guerrillas and organized-crime gangs used forced labor, including forced child labor, in coca cultivation and illegal mining in areas outside government control as well as forced criminality, such as extortion, in urban areas. The ICBF indicated that between November 16, 1999, and July 31, 2019, the number of children and adolescents who had demobilized from illegal armed groups was 6,860, of whom 11 percent were indigenous and 8 percent Afro-Colombian.

Forced labor in other sectors, including organized panhandling, mining, agriculture (especially near the coffee belt), cattle herding, crop harvesting, forced recruitment by illegal armed actors, and domestic service, remained a serious problem. Afro-Colombians, indigenous persons, Venezuelan migrants, and inhabitants of marginalized urban areas were at the highest risk of forced labor, domestic servitude, forced begging, and forced recruitment. Authorities did not make efforts to investigate cases or increase inspections of forced labor, and officials did not have a protocol to connect labor inspectors with police or to provide guidance for front-line personnel on indicators of forced labor. This resulted in impunity for forced labor and unidentified victims without protection in critical sectors, such as floriculture, coffee production, and extractive industries.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 15 and for hazardous work at 18. Children ages 15 and 16 years may work no more than 30 hours per week, and children age 17 may work no more than 40 hours per week. Children younger than 15 may work in arts, sports, or recreational or cultural activities for a maximum of 14 hours per week. In all these cases, working children and adolescents must have signed documentation filed by their parents and be approved by a labor inspector or other local authority.

The law prohibits child workers from working at night or where there is a risk of bodily harm or exposure to excessive heat, cold, or noise. The law authorizes inspectors to issue fines that would be sufficient to deter violations, but the government did not enforce the law effectively in all cases. A violation deemed to endanger a child’s life or threaten moral values may be punished by temporary or permanent closure of the establishment. Nationwide, labor inspectors are responsible for enforcing child labor laws and supervising the formal sector through periodic inspections. An estimated 80 percent of all child labor, however, occurred in the informal sector of the economy. The number of labor inspectors was insufficient to enforce the law effectively.

Government agencies carried out several activities to eradicate and prevent exploitative child labor. Prior to the COVID-19-related suspension of labor inspections in March, the Ministry of Labor conducted 215 worksite inspections to ensure that adolescent workers were employed with proper authorization and received proper protections. Through these inspections, 17 authorizations were revoked for noncompliance. With ILO assistance the government continued to improve cooperation among national, regional, and municipal governments on child labor problems. It also continued to employ a monitoring system to register working children, although the system was not always regularly updated. The government also sought to reduce demand for child labor through public awareness and training efforts, often working with international and civil society organizations.

The government, through the Ministry of Labor, followed the National Policy to Prevent and Eliminate Child Labor and Protect the Young Worker. It also continued its roundtable discussion group, which included government representatives, members of the three largest labor confederations, and civil society. The group concentrated its efforts on formalizing an integrated registration system for information on child labor that would permit public and private entities to register information about child workers.

The government, including through a cooperative agreement between the Ministry of Mines and Energy and the ICBF, continued to combat illegal mining and formalize artisanal mining production, with goals including the elimination of child labor and forced labor. Regional ICBF offices led efforts to combat child labor in mining at the local level, working with the Ministry of Labor and other government agencies to coordinate responses. The Department for Social Prosperity continued to implement the More Families in Action Program to combat poverty through conditional cash transfers, which included a specific focus on addressing child labor. In interagency child labor meetings, the Ministry of Labor reported that whichever government presence was available in the area–whether police, the ICBF, teachers, or the Administrative Department for Social Prosperity–attended to children found working in illegal mining operations. While all agencies had directives on how to handle and report child labor cases, it was unclear whether all cases were referred to the ICBF.

The ICBF continued to implement several initiatives aimed at preventing child labor, including producing an extensive section of its website designed specifically for young audiences to educate children on child labor, their rights, and how to report child labor. The Ministry of Labor continued its work with the Network against Child Labor in which the ministry operated alongside member businesses that pledged to work within the network to prevent and eradicate child labor.

Child labor remained a problem in the informal and illicit sectors. The National Administrative Department of Statistics (DANE) collected and published information on the economic activities of children between the ages of five and 17 through a module in its Comprehensive Household Economic Survey during the fourth quarter of each calendar year. According to DANE’s most recent survey, conducted in 2019, 5.4 percent of children were working, with 42 percent of those engaged in agriculture, livestock raising, fishing, and hunting, and 30 percent in commerce, hotels, and restaurant work. To a lesser extent, children were engaged in the manufacturing and transport sectors. Children also routinely performed domestic work, where they cared for children, prepared meals, tended gardens, and carried out shopping duties. DANE reported that 46 percent of children who were engaged in an employment relationship did not receive remuneration.

Significant rates of child labor occurred in the production of clay bricks, coal, coffee, emeralds, gold, grapes, coca, pome and stone fruits, pornography, and sugarcane. Forced child labor was prevalent in the production of coca. Children were also engaged in street vending, domestic work, begging, and garbage scavenging. There were reports that children engaged in child labor in agriculture, including coffee production and small family production centers in the unrefined brown sugar market. Commercial sexual exploitation of children occurred (see section 6, Children). Penalties for crimes related to the worst forms of child labor were commensurate with penalties in law for other analogous serious crimes, such as kidnapping.

Prohibitions against children working in mining and construction were reportedly largely ignored. Some educational institutions modify schedules during harvest seasons so that children may help on the family farm. Children worked in the artisanal mining of coal, clay, emeralds, and gold under dangerous conditions and in many instances with the approval or insistence of their parents. The government’s efforts to assist children working in illegal mining focused on the departments of Amazonas, Antioquia, Bolivar, Boyaca, Caldas, Cauca, Cesar, Choco, Cordoba, Cundinamarca, La Guajira, Narino, Norte de Santander, and Valle del Cauca.

There continued to be instances of child trafficking with the purpose of forced labor in informal mines and quarries, and in private homes. According to government officials and international organizations, illegal drug traders and other illicit actors recruited children, sometimes forcibly, to work in their illegal activities. The ELN and organized crime gangs forced children into sexual servitude or criminality to serve as combatants or to harvest coca (see section 1.g.). Children working in the informal sector, including as street vendors, were also vulnerable to forced labor. The ICBF identified children and adolescents who qualified for and received social services.

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 or occupation based on race, ethnicity, sex, religion, political preference, national origin or citizenship, gender, disability, language, sexual orientation or gender identity, HIV-positive status or infection with other communicable diseases, or social status. Complaints of quid pro quo sexual harassment are filed not with the Ministry of Labor but with the criminal courts. There are legal restrictions against women being in employed in the construction section. The government did not effectively enforce the law in all cases. Penalties were not commensurate with laws related to civil rights, such as election interference.

Unemployment disproportionately affected women, who faced hiring discrimination and received salaries that generally were not commensurate with their education and experience. Media reported that on average women earned 12 percent less than men for the same work. In a previous year, a senior government official estimated that 85 percent of persons with disabilities were unemployed. Afro-Colombian labor unions reported discrimination in the port sector.

e. Acceptable Conditions of Work

The legal minimum monthly wage is approximately twice the amount of the poverty line; however, almost one-half of the total workforce earned less than the minimum wage.

The law provides for a regular workweek of 48 hours and a minimum rest period of eight hours within the week. Exceptions to this may be granted by the Ministry of Labor and were frequently granted in the mining sector. The law stipulates that workers receive premium compensation for nighttime work, hours worked in excess of 48 per week, and work performed on Sundays. The law permits compulsory overtime only in exceptional cases where the work is considered essential for the company’s functioning.

The law provides for workers’ occupational safety and health (OSH) in the formal sector. The legal standards were generally up to date and appropriate for the main formal industries. The government did not effectively enforce OSH laws in all cases. The law does not cover informal-sector workers, including many mining and agricultural workers. In general the law protects workers’ rights to remove themselves from situations that endanger health or safety without jeopardy to their employment, although some violations of this right were reported during the year. In cases of formal grievances, authorities generally protected employees in this situation.

The Ministry of Labor is required to enforce labor laws in the formal sector, including OSH regulations, through periodic inspections by labor inspectors. Inspectors have the authority to perform unannounced inspections and may also initiate sanction procedures, including after opening investigations. The number of inspectors during the year was approximately the same as in 2019 and was insufficient to enforce the law effectively. The Ministry of Labor reported that as of January, 211 inspectors were in provisional status. Individual labor violations can result in penalties insufficient to deter violations. Unionists stated that more fines needed to be collected to impact occupational safety and health problems.

While the government’s labor inspectors undertook administrative actions to enforce the minimum wage in the formal sector, the government did not effectively enforce the law in the informal sector.

The government continued to promote formal employment generation. Eligibility to enroll and pay into the traditional social security system, which includes health and pension plans, is conditioned on earning the legal minimum monthly wage. In August the Ministry of Labor issued a decree implementing a National Development Plan, allowing those that earn less than the legal minimum monthly wage, often because of part-time, informal, or own-account work, to contribute to a new, parallel “social protection floor” system that includes a subsidized health plan and retirement savings plan. While employer abuse of this new system is prohibited, labor unions complained it opens the door for employers to move full-time workers into part-time positions to take advantage of the new system and announced they would legally challenge the measure.

DANE reported that in February, prior to the onset of COVID-19, 50.4 percent of workers employed in 13 principal cities and metropolitan areas were paying into the pension system. The proportion of informal workers in 23 cities and metropolitan areas surveyed was 47.9 percent, according to DANE. In February, DANE reported the national unemployment rate was 12.2 percent. The government continued to support complementary social security programs to increase the employability of extremely poor individuals, displaced persons, and the elderly. The economic impacts related to COVID-19 were significant. DANE reported that the national unemployment rate reached 19.8 percent in June, down from 21.4 percent in May, with the rate reaching 24.9 percent in the country’s 13 principal cities and metropolitan areas.

The Ministry of Labor reported being inundated with cases related to the labor and employment impacts of COVID-19. In May the ministry reported 3,271 requests from employers for permissions to lay off or furlough workers and 3,510 labor complaints related to such actions taken by employers. Labor unions, NGOs, and workers’ organizations alleged a range of labor abuses related to the fulfillment of labor contracts during the pandemic, including employers forcing workers to sign unpaid leaves of absence in lieu of authorized furloughs, dismissals without severance pay, salary reductions under threats of dismissal, and the imposition of part-time, temporary, or hourly work with negative consequences for workers’ entitlement to social security benefits. In April the Minister of Labor reported opening 2,413 investigations into these and other practices.

Nonunion workers, particularly those in the agricultural and port sectors, reportedly worked under hazardous conditions because they feared losing their jobs through subcontracting mechanisms or informal arrangements if they reported abuses. Some unionized workers who alleged they suffered on-the-job injuries complained that companies illegally fired them in retaliation for filing workers compensation claims. Only the courts may order reinstatement, and workers complained the courts were backlogged, slow, and corrupt. The Ministry of Labor may sanction a company found to have broken the law in this way, but it may offer no other guarantees to workers.

Security forces reported that illegal armed actors, including FARC dissidents, the ELN, and organized-crime groups, engaged in illegal mining of gold, coal, coltan, nickel, copper, and other minerals. Illegal mines were particularly common in the departments of Antioquia, Boyaca, Choco, Cundinamarca, and Valle del Cauca.

According to the National Mining Agency, through June 30, a total of 80 workers died as a result of accidents in the mines, the majority due to explosions, poisoned atmosphere, cave-ins, and floods. The National Mining Agency reported 82 workers killed in 2019.

Cyprus

Read A Section: Republic Of Cyprus

Area Administered by Turkish Cypriots

Since 1974 the southern part of Cyprus has been under the control of the government of the Republic of Cyprus.  The northern part of Cyprus, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” in 1983.  The United States does not recognize the “Turkish Republic of Northern Cyprus,” nor does any country other than Turkey.  A substantial number of Turkish troops remain on the island.  A buffer zone, or “Green Line,” patrolled by the UN Peacekeeping Force in Cyprus, separates the two sides.  This report is divided into two parts:  the Republic of Cyprus, and the area administered by Turkish Cypriots.

EXECUTIVE SUMMARY

The Republic of Cyprus is a constitutional republic and multiparty presidential democracy. In 2018 voters re-elected President Nicos Anastasiades in free and fair elections. In 2016 voters elected 56 representatives to the 80-seat House of Representatives (Vouli Antiprosopon) in free and fair elections. The remaining seats are designated for Turkish Cypriots and are left vacant.

Police enforce the law and combat criminal activity. Police report to the Ministry of Justice and Public Order. The president appoints the chief of police. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

Significant human rights issues included: serious acts of corruption; crimes involving violence or threats of violence targeting members of national and ethnic minorities; and lack of investigation of and accountability for violence against women.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the laws effectively. Although the government generally investigated and prosecuted cases of corruption, there were numerous reports of government corruption during the year.

Corruption: On October 12, Al Jazeera aired an expose, The Cyprus PapersUndercover, in which undercover reporters captured extensive evidence of government corruption related to the Citizenship by Investment scheme (CBI). In the video the president of the House of Representatives, Demetris Syllouris, House of Representatives member Christakis Giovani, and CBI facilitators indicated their willingness to assist a fictitious Chinese CBI applicant whom they were told had been convicted of money laundering and corruption. On October 13, the government announced it was terminating the CBI program, effective November 1, and Attorney General George Savvides ordered an investigation into any possible criminal offenses arising from the Al Jazeera report. Syllouris and Giovani resigned from the House of Representatives. On March 11, the former mayor of Larnaca, Andreas Louroudjiatis, was sentenced to five years’ imprisonment for corruption, bribery, money laundering, and other related charges in connection to waste management plants operated by the municipalities of Larnaca and Paphos. The financial director of the Municipality of Paphos was sentenced to five years’ imprisonment and two engineers of the town planning department were sentenced to 42-month and 18-month prison terms in relation to the incident. The company involved, Helector Cyprus Ltd, was fined 183,000 euros ($220,000).

Financial Disclosure: The law requires the president, members of the Council of Ministers, members of the House of Representatives, and members of the State Health Services Organization board to declare their income and assets. The publication of their declarations is obligatory, but there are no specific sanctions for noncompliance. Spouses and children of the same officials are required to declare their assets, but the publication of their declarations is prohibited. Other public officials are not required to declare their assets.

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

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

Government Human Rights Bodies: There is a government ombudsman, whose portfolio includes human rights, and a legislative Committee on Human Rights.

During her independent investigations, the ombudsman generally enjoyed good cooperation with other government bodies. NGOs complained, however, that the Office of the Ombudsman routinely refused to investigate their complaints on the grounds that similar complaints had been investigated in the past. The Office of the Ombudsman reportedly made increased interventions, including at least 52 ad hoc reports during the year to support vulnerable groups, such as migrants, refugees, asylum seekers, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and women.

The legislative Committee on Human Rights, which most local NGOs considered effective, consists of nine members of the House of Representatives who serve five-year terms. The committee discussed a wide range of human rights problems, including trafficking in persons, violence against women, sexual abuse of women and children, prison conditions, and the rights of foreign workers. The executive branch did not exercise control over the committee.

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

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison. The law also criminalizes domestic violence, with a maximum sentence of 10 years in prison for violations. The government generally enforced the law effectively, although many cases continued to go unreported.

The law establishes clear mechanisms for reporting and prosecuting family violence. A court can issue a same day restraining order against suspected or convicted domestic violence offenders. The number of reported cases of domestic violence increased in recent years. In the first nine months of 2019, 519 cases of domestic violence were reported to police. As of October 2019, police had investigated 181 of the cases and filed 111 cases in court. The NGO Association for the Prevention and Handling of Violence in the Family (SPAVO) stated increased reporting reflected greater awareness of and access to services, rather than an increasing number of incidents. SPAVO said domestic violence victims often faced significant family and social pressure not to report abuse and to withdraw complaints filed with police. The media and NGOs criticized the Social Welfare Services for not providing sufficient support to female victims of domestic violence. In one example, in January a man stabbed and killed his estranged wife, Ghada Al Nouri, while three of their seven children were in the house. Al Nouri had reported abuse to police two weeks earlier, culminating in the man’s arrest and issuance of a restraining order. The perpetrator was released on bail just days later, pending the start of his trial. The director of the Social Welfare Service denied reports that the service did not ensure the victim was protected, stating that social workers were in constant contact with the victim and had offered her the option to move to a safe house. In July the perpetrator was convicted and sentenced to 18 years in prison.

SPAVO reported a steep increase in domestic violence during and immediately after the mandatory lockdown imposed due to COVID-19. In the period March 16 to June 30, the association recorded a 50 percent increase in SPAVO’s call center cases and a 46 percent increase in the number of victims at shelters, compared to the same period in 2019. Survivors of domestic violence had two shelters, each funded primarily by the government and operated by SPAVO.

Police conducted detailed educational programs for officers on the proper handling of domestic violence, including training focused on child abuse. NGOs reported, however, that some police officers continued to dismiss claims of domestic abuse by foreign women and children.

Sexual Harassment: The law prohibits sexual harassment in the workplace with a maximum penalty of six months in prison, a 12,000 euro ($14,400) fine, or both. A code of conduct outlines the prevention and handling of sexual harassment and harassment in the public service. NGOs and foreign domestic worker associations reported that authorities did not adequately investigate sexual harassment complaints submitted by foreign domestic workers.

Sexual harassment reportedly remained a widespread, but often unreported, problem. NGOs said permissive social attitudes, fear of reprisals, and lack of family support for victims discouraged victims from reporting instances of sexual harassment. The Department of Labor reported receiving eight sexual harassment complaints, including two from foreign domestic workers, but stated that all the complaints lacked supporting evidence. The ombudsman continued to receive and examine complaints of sexual harassment in the workplace. In July 2019 the major labor unions–the Confederation of Cypriot Workers and the Pancyprian Labor Federation–agreed with the Employers and Industrialists Federation on a code of conduct covering how to treat cases of harassment and sexual harassment at the workplace. Due to the pandemic, the ombudsman cancelled planned training and seminars on sexual harassment and gender mainstreaming for the public sector during the year.

In April 2019 a university student reported to police that her 48-year-old employer at a Nicosia kiosk tried repeatedly to touch, hug, and kiss her without her consent. Following an investigation, including the examination of video footage, police brought charges against the employer, who was released on bail and restraining orders pending trial.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence.

The government funded an NGO that provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men. The government generally enforced the law, but women experienced discrimination in employment and pay in the private sector. Although reporting by Eurostat showed pay parity between the genders in the public sector, NGOs reported vertical and occupational segregation remained a challenge.

Children

Birth Registration: Children derive citizenship from their parents, and there was universal registration at the time of birth. Citizenship is denied, however, when either of the parents entered or resided in the country illegally. The government considers as illegal settlers Turkish citizens who entered and reside in the area under Turkish Cypriot administration. Children born to a Turkish Cypriot parent are not automatically granted citizenship if one or both of their parents were a Turkish national who entered and resided in the country illegally. Their applications for citizenship are reviewed by the Council of Ministers, which has the right to override this provision of the law and grant them citizenship, provided the applicants meet a set of criteria adopted by the Council of Ministers in 2007.

Child Abuse: The law criminalizes child abuse. The maximum penalty for child abuse is one year imprisonment, a fine of up to 1,700 euros ($2,000), or both.

Child, Early, and Forced Marriage: The legal age of marriage is 18, but persons ages 16 and 17 may marry, provided there are serious reasons justifying the marriage and their legal guardians provide written consent. A district court can also allow the marriage of persons ages 16 and 17 if the parents unjustifiably refuse consent, or in the absence of legal guardians.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, child pornography, offering or procuring a child for prostitution, and engaging in or promoting a child in any form of sexual activity. The maximum penalty for sexual abuse and exploitation of a child who is 13 through 17 years old is 25 years in prison. The penalty for sexual abuse and exploitation of a child younger than 13 is up to life in prison. Possession of child pornography is a criminal offense punishable by a maximum of life imprisonment. Authorities enforced these laws. The minimum age for consensual sex is 17.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Anti-Semitism

There were approximately 4,500 persons in the Jewish community, which consisted of a very small number of native Jewish Cypriots and a greater number of expatriate Israelis, British, and Russians.

Unlike in previous years, the Jewish community reported that there were no attacks against members of their community.

Trafficking in Persons

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

Persons with Disabilities

The law protects the rights of persons with physical, sensory, intellectual, and mental disabilities and prohibits discrimination against them. The government generally enforced these provisions.

Children with disabilities attend mainstream schools. The government provides a personal assistant to children with disabilities attending public schools but not to children with disabilities attending private schools. The ombudsman issued a report in September noting that the law obligated private secondary education schools to provide personal assistants for children with disabilities.

During the year the ombudsman examined several complaints from persons with disabilities concerning accessibility issues and discrimination. In May the ombudsman’s office reported that it examined a complaint submitted by parents of children with disabilities that their children were subjected to different conditions and procedures for their return to school under COVID-19-related restrictions. The ombudsman concluded that the additional conditions imposed by the Ministry of Education for their return to school violated the principle of equal treatment and nondiscrimination and called on the ministry to immediately revoke the additional requirements. The Ministry of Education complied with the recommendation.

Problems facing persons with disabilities included limited access to natural and constructed environments, transportation, information, and communications. The Cyprus Paraplegics Organization reported that several public buildings were still not accessible to wheelchair users. The ombudsman examined several complaints from persons with disabilities. In January the ombudsman reported that, in violation of relevant legislation, television broadcasters failed to provide audiovisual services accessible to persons with hearing disabilities. At the ombudsman’s recommendation, the Cyprus Radio-Television Authority (CRA) requested all broadcasters comply with their legal obligations. All broadcasters submitted accessibility action plans to the CRA. The CRA will evaluate their implementation during the course of the next year.

During the year government services implemented recommendations in the ombudsman’s April 3 report to ensure persons with physical and mental disabilities and persons in social care shelters had access to COVID-19 information and protection measures. The ombudsman intervened in a case of several persons with disabilities who were not allowed to abstain from coming to their workplace after colleagues tested positive for COVID-19 and in a case of a single parent of disabled children who was not granted leave to care for them during the pandemic. Both cases were resolved in favor of the complainant.

In February, three nurses at the public Athalassa Psychiatric Hospital reported appalling physical conditions, serious overcrowding, and personnel and medication shortages to the Cyprus Mail newspaper. The nurses reported that the building’s poor condition led to injuries of patients and staff. The ombudsman issued two reports in March and September that confirmed a shortage of nurses, the lack of a permanent pharmacist, and that past improvements to the building failed to create a suitable environment for patients.

The Ministry of Labor and Social Insurance’s Service for the Care and Rehabilitation of the Disabled is responsible for protecting the rights of persons with disabilities. Observers did not consider fines for violating the law against employment discrimination sufficient to prevent abuses (see also section 7.d.).

Members of National/Racial/Ethnic Minority Groups

Minority groups in the government-controlled area of the country included Catholics, Maronites, Armenians, and Roma. Although legally considered one of the two main communities of Cyprus, Turkish Cypriots constituted a relatively small proportion of the population in the government-controlled areas and experienced discrimination.

Christ Mayuba, a British soccer player on a local professional team, reported to police that he was the victim of a verbal racist attack by spectators during a match in February. Although Mayuba’s teammates stopped play as a show of support when a spectator called him a “slave,” the referee ejected Mayuba and eventually gave the opposing team the win by forfeit. At first police stated that a preliminary investigation did not appear to confirm Mayuba’s claims. The ombudsman conducted an investigation into the incident and concluded in March that Mayuba suffered verbal racial abuse. Following the ombudsman’s report, the police launched an investigation and submitted its findings to the attorney general for the criminal prosecution of those involved.

NGOs reported police racial profiling and discriminatory treatment of ethnic minorities in the enforcement of movement restrictions imposed to mitigate the spread of COVID-19. KISA reported that police illegally entered the homes of migrants without a warrant and fined them for violating the rule prohibiting home gatherings of more than 10 persons in spite of the fact that they were residents of the house. It reported that police targeted migrants in the streets to issue fines and in some cases intimidated and physically mistreated them. For example KISA reported in May that police fined three migrants playing soccer in the street outside their home for violating COVID-related movement restrictions. All three were living in a single-room apartment in the old city of Nicosia. The NGO reported the police had shown tolerance in similar cases involving local citizens. Caritas received reports from migrant workers that police fined them on the bus because their facemask was not covering their nose, as stipulated by the relevant decree, but did not fine nonmigrants, including the bus driver, wearing the mask in the same manner.

There were incidents of violence against Turkish Cypriots traveling to the government-controlled areas as well as some incidents of verbal abuse or discrimination against non-Greek Cypriots. In July 2019 Turkish Cypriot leader Mustafa Akinci reported to the UN Secretary General’s special representative in Cyprus that a Turkish Cypriot tourist bus driver was harassed by Greek Cypriots at Larnaca airport and called for a proper investigation. President Anastasiades instructed police to open an investigation into the complaint, which continued at year’s end.

The Ministry of Education applied a code of conduct against racism in schools that provided schools and teachers with a detailed plan on handling, preventing, and reporting racist incidents.

A May 2018 European Commission report prepared as part of the Roma Civil Monitor pilot project stated that Cypriot Roma continued to face discrimination in housing, employment, and education. The report asserted government actions to promote the inclusion of Roma were insufficient.

The ombudsman continued to receive complaints that the government delayed approval of citizenship for children of Turkish Cypriots married to Turkish citizens residing in the area administered by Turkish Cypriots (see section 6, Birth Registration). The ombudsman reported that the government did not make progress towards implementing her past recommendations to ensure such applications were processed within a reasonable time and applicants are promptly informed in writing when their application does not meet stated criteria. The government reported granting citizenship to 50 such children in 2019.

A member of the Armenian community reported difficulties in registering with the Cyprus Scientific and Technical Chamber, the body responsible for the accreditation of engineers, allegedly due to his ethnicity. The ombudsman continued to investigate the case at year’s end.

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

Antidiscrimination laws exist and prohibit direct or indirect discrimination based on sexual orientation or gender identity. Antidiscrimination laws cover employment and the following activities in the public and private domain: social protection, social insurance, social benefits, health care, education, participation in unions and professional organizations, and access to goods and services.

Despite legal protections, LGBTI individuals faced significant societal discrimination, particularly in rural areas. As a result many LGBTI persons were not open about their sexual orientation or gender identity, nor did they report homophobic violence or discrimination.

On September 7, authorities deported a Brazilian man who had entered a civil partnership with a Cypriot national while both were in prison. The NGO Accept LGBTI Cyprus (ACCEPT) and members of the House of Representatives Human Rights Committee publicly called on the minister of interior to cancel the deportation. The Brazilian was arrested immediately after his release from prison and detained at the Paphos police station for several weeks, exceeding the maximum of 48 hours that detainees can legally be held at police stations. The ombudsman concluded that the prolonged detention violated his rights and called for his immediate transfer to the Mennoyia Detention Center for irregular migrants. The ombudsman’s investigation did not examine the reasons for his deportation. ACCEPT protested his deportation in a press release September 9, asserting that authorities had followed irregular proceedings in breach of due process and violated the victim’s rights.

ACCEPT reported police routinely declined to investigate violence against LGBTI individuals as possible hate crimes. According to ACCEPT, police inaction discouraged LGBTI individuals from reporting complaints. The NGO reported two known attacks during the year against LGBTI individuals. On March 7, two young transgender individuals were attacked by a gang of seven hooded persons while leaving a party in Nicosia. The victims were hospitalized but did not report the attack to the medical personnel, or the police, and instead said that they fell down the stairs.

There were reports of employment discrimination against LGBTI applicants (see section 7.d.).

ACCEPT reported that transgender persons undergoing hormone replacement therapy experienced discrimination in access to health care following the introduction of the new national universal health insurance system in June 2019. The NGO reported that the same category of LGBTI individuals faced increased difficulties accessing hormone treatment due to the COVID-19 lockdown.

The law criminalizes incitement to hatred or violence based on sexual orientation or gender identity.

HIV and AIDS Social Stigma

In 2018 the president of the HIV-Positive Persons Support Center stated that HIV-positive persons faced prejudice in employment both in the private and public sector as well as from society and their own families, largely due to lack of public awareness. Activists complained that raising public awareness of this problem was not a government priority and reported that even medical staff at hospitals were prejudiced and reluctant to examine HIV-positive individuals.

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, strike, and bargain collectively with employers. Both antiunion discrimination and dismissal for union activity are illegal.

The law requires labor unions to register with the registrar of labor unions within 30 days of their establishment. Persons convicted for fraud-related and immoral offenses are not allowed to serve as union officials. Unions’ accounts and member registers can be inspected at any time by the registrar. An agreement among the government, labor unions, and employers’ organizations established the procedure for dispute resolution for essential services personnel.

The government generally enforced applicable laws, and resources and investigations were adequate in the formal sector. Administrative procedures were efficient and immediate, but judicial procedures were subject to delays due to a case backlog. Penalties for violations, which occurred primarily in the informal sector, were not commensurate with those for other similar civil rights violations. Violations rarely occurred in the formal sector.

The government generally protected the right of unions to conduct their activities without interference, and employers generally respected the right of workers to form and join independent unions and to bargain collectively. Although collective agreements are not legally binding, they are governed by a voluntary agreement between the government and employer organizations. Unions, employers, and employees effectively observed the terms of collective bargaining agreements. Workers covered by such agreements were employed predominantly in the larger sectors of the economy, including construction, tourism, health care, and manufacturing.

Private-sector employers were able to discourage union activity in isolated cases because of sporadic enforcement of labor regulations prohibiting antiunion discrimination and the implicit threat of arbitrary dismissal for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The penalties were not commensurate with those for other serious crimes. The government did not effectively enforce the law, and forced labor occurred. Inspections of the agricultural and domestic service sectors remained inadequate, and resources at the Department of Labor Inspections within the Ministry of Labor were insufficient.

Forced labor occurred primarily in agriculture and in domestic work. Foreign migrant workers, children, and asylum seekers were particularly vulnerable, according to NGOs. Employers reportedly forced foreign workers, primarily from Eastern Europe and East and South Asia, to work up to 15 hours a day, seven days a week, for very low wages and in unsuitable living conditions. From January to September 2019, police identified six victims of labor trafficking. Some employers reportedly retained a portion of agriculture workers’ salaries as payment for accommodations, in violation of the law. In one example police arrested a 68-year-old retired police officer in July after videos posted on social media recorded by his foreign domestic worker indicated that he physically assaulted and terrorized her. Police charged him with trafficking in persons, labor exploitation, and other serious offenses. He was initially released on bail and then rearrested two weeks later after police found new evidence against him. The domestic worker was identified as a victim of trafficking and was transferred to the government shelter. A trial began September 28.

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 employment of children, defined as persons younger than 15, except in specified circumstances, such as combined work-training programs for children who are at least 14, or employment in cultural, artistic, sports, or advertising activities, subject to rules limiting work hours. The law prohibits night work and street trading by children. The law permits the employment of adolescents, defined as persons ages 15 through 17, subject to rules limiting hours of employment and provided it is not harmful or dangerous. The law prohibits employment of adolescents between midnight and 4 a.m. The minimum age for employment in industrial work is 16. The government effectively enforced the law, and penalties for violations were commensurate with those for other serious crimes.

Ministry of Labor and Social Insurance inspectors were responsible for enforcing child labor laws and did so effectively. The Social Welfare Services Department of the ministry and the commissioner for the rights of the child could also investigate suspected cases of exploitation of children at work.

d. Discrimination with Respect to Employment and Occupation

The law prohibits direct or indirect discrimination with respect to employment and occupation based on race, national origin or citizenship, sex, religion, political opinion, gender, age, disability, and sexual orientation. The government did not effectively enforce these laws or regulations and penalties for violations were not commensurate with those for other civil rights laws. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, and HIV-positive status.

Despite a strong legal framework, the Ministry of Labor and Social Insurance’s enforcement of the law governing employment and labor matters with respect to women was ineffective. The law requires equal pay for equal work. Women experienced discrimination in such areas as hiring, career advancement, employment conditions, and pay. European Institute for Gender Equality data indicated the average pay gap between men and women was 13.7 percent in 2017. NGOs reported the relatively small overall gender pay gap masked significant vertical and occupational gender segregation. The ombudsman reported receiving complaints related to gender discrimination and sexual harassment in the workplace.

Discrimination against Romani migrant workers occurred. Turkish Cypriots faced social and employment discrimination (see section 6).

e. Acceptable Conditions of Work

Although there is no national minimum wage, there are minimum wages for groups deemed vulnerable to exploitation. The minimum wages for shop assistants, clerks, assistant baby and child minders, health-care workers, security guards, cleaners of business premises, and nursery assistants were above the poverty line. The Ministry of Interior established a minimum wage for foreign domestic workers that was well below the poverty line.

Collective bargaining agreements covered workers in almost all other occupations, including unskilled labor. The wages set in these agreements were significantly higher than the poverty level.

Foreign workers were able to claim pensions, and some bilateral agreements allowed workers to claim credit in their home countries. The Migration Service was responsible for enforcing the minimum wage for foreign workers but did not effectively do so.

The legal maximum workweek is 48 hours, including overtime. The law does not require premium pay for overtime or mandatory rest periods. The law stipulates that foreign and local workers receive equal treatment. The Department of Labor Relations within the Ministry of Labor and Social Insurance is responsible for enforcing these laws. The penalty for violating the law was commensurate with those for similar crimes, but laws for wages and hours were not adequately enforced. Labor unions reported enforcement problems in sectors not covered by collective agreements, such as small businesses and foreign domestic workers. They also reported that certain employers, mainly in construction and agriculture, exploited undocumented foreign workers by paying them very low wages.

The law protects foreign domestic workers who file a complaint with the Ministry of Labor and Social Insurance from deportation until their cases have been adjudicated. The Department of Labor Relations reported that from January to December 10, it received 421 complaints from migrant workers against their employers. Of those, 406 were examined by year’s end.

The ombudsman continued to receive complaints from foreign domestic workers concerning the conditions of their employment and authorities’ handling of their requests to change employers. The ombudsman issued a report in November 2019 evaluating the government’s policies on foreign domestic workers. The report noted in particular domestic workers’ high dependence on their employers, combined with the lack of consequences for employers that violate the terms of the employment contract or physically abuse the employee, prevented domestic workers from filing complaints. Domestic workers also feared deportation. A domestic worker’s residence permit can be cancelled at the employer’s request in the event the employer files a complaint with the police about theft regardless of whether the alleged crime was investigated or proved. Some domestic workers complained their employers or employment agencies withheld their passports. The ombudsman’s report also noted that the lack of action by authorities to stop the practice encourages employers and employment agencies to continue to illegally hold domestic workers’ passports. NGOs reported many foreign domestic workers remained reluctant to report contract violations by their employers for fear of losing their jobs and, consequently, their work and residency permits. NGOs reported Department of Labor and police skepticism of complaints about sexual harassment and violence discouraged domestic workers from submitting complaints.

Occupational safety and health standards were appropriate for the main industries and the responsibility for identifying unsafe situations remains with safety and health experts. The Department of Labor Inspection in the Ministry of Labor and Social Insurance is responsible for enforcing health and safety laws. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Authorities enforced health and safety laws satisfactorily in the formal sector but not in the informal sector, which included approximately 8.5 percent of workers. The penalties for failing to comply with work safety and health laws were commensurate with those of other similar crimes.

The Ministry of Labor employed an insufficient number of inspectors to effectively enforce labor laws in the agricultural sector and in the informal economy, where the majority of employees were migrant workers and undocumented workers. Inspectors had the authority to make unannounced inspections and initiate sanctions in most industries but were not allowed to inspect the working conditions of domestic workers in private households without a court warrant. Four major industrial accidents occurred during the year that caused death or serious injury of workers.

Read a Section

Area Administered by Turkish Cypriots

Greece

Executive Summary

Greece is a constitutional republic and multiparty parliamentary democracy. Legislative authority is vested in a unicameral parliament, which approves a government headed by a prime minister. In July 2019 the country held parliamentary elections that observers considered free and fair. A government formed by the New Democracy Party headed by Prime Minister Kyriakos Mitsotakis leads the country.

Police are responsible for law enforcement, border security, and the maintenance of order. They are under the authority of the Ministry of Citizen Protection. The same ministry undertook responsibility for prison facilities in 2019. The Coast Guard, responsible for law and border enforcement in territorial waters, reports to the Ministry of Shipping Affairs and Island Policy. The armed forces are under the authority of the Ministry of National Defense. Police and the armed forces share law enforcement duties in certain border areas. Border protection is coordinated by a deputy minister for national defense. Civilian authorities maintained effective control over the police, Coast Guard, and armed forces, and the government had effective mechanisms to investigate and punish abuse. Members of security forces committed some abuses.

Significant human rights issues included: the existence of criminal libel laws; unsafe and unhealthy conditions for migrant and asylum-seeking populations detained in preremoval facilities or residing at the country’s six reception and identification centers, including gender-based violence against refugee women and children in reception facilities; allegations of refoulement of refugees; acts of corruption; violence targeting members of national/racial/ethnic minority groups, including some by police; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender or intersex persons.

The government regularly took steps to investigate, prosecute, and punish officials who committed human rights abuses, whether in the security forces or elsewhere in the government. There were, however, complaints from nongovernmental organizations and international organizations regarding the lack of government investigation of and accountability for allegations of forced returns of asylum seekers.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not always implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Permanent and ad hoc government entities charged with combating corruption were understaffed and underfinanced. On July 3, media reported that police dismantled two criminal gangs operating in Athens and in northern Greece that engaged in extortion for money, arson attacks, and drug and weapons trafficking. In both cases, police officers covered up for the criminal rings’ actions.

In August 2019 parliament passed legislation establishing a unified transparency authority by transferring the powers and responsibilities of public administration inspection services to an independent authority.

In November 2019 laws addressing passive and active bribery of officials were amended to contain a specific definition of “public official” and to make active bribery of a public official into a felony, instead of a misdemeanor, punishable by a prison sentence of five to eight year (as opposed to three).

Corruption: Reports of official corruption continued. On February 26, a Greek-Israeli businessman testified to a parliamentary committee investigating potential abuse of authority by the former alternate justice minister under the Syriza government, Dimitris Papangelopoulos, in a case involving bribes by the Novartis pharmaceutical company. The businessman alleged that in 2016 Papangelopoulos had asked him for money (350,000 euros or $420,000) in the presence of another member of the government at the time, in exchange for “clearing” tax evasion-related cases the businessman faced in court. According to the testimony, the money would be used to pay the trial expenses of a newspaper owner sued by the businessman for slander. The businessman claimed several times during the year, that politicians, journalists, and judicial officials had formed a para-state mechanism to extort money from business leaders or hurt their political adversaries.

On October 27, a criminal appeals court found former defense minister Akis Tsochatzopoulos, his wife, and his cousin guilty of money laundering with regard to a Swiss health insurance contract paid with bribe money. All three defendants received suspended sentences of six years in prison and a 100,000-euro fine ($120,000). They were set free on bail and with a travel ban. Tsochatzopoulos had previously been sentenced and served time in prison on money laundering and other charges in relation to defense procurements.

The government continued efforts to combat tax evasion by increasing inspections and crosschecks among various authorities and by using more sophisticated methods to find undeclared income. Authorities had monthly lotteries offering taxpayers rewards of 1,000 euros ($1,200) for using credit or debit cards, considered more financially transparent, in their daily transactions. Media reported allegations of tax officials complicit in individual and corporate tax evasion. In May the country’s National Transparency Authority launched investigations of NGOs providing support to asylum seekers and migrants, seeking examples of financial mismanagement. No findings had been publicized by the end of the year.

On November 17, the government established the Financial Prosecutor’s Office to deal with financial crime in the wake of public complaints about an investigation by the Corruption Prosecutor’s Office into a case involving the pharmaceutical company Novartis. The new office, headed by a senior prosecutor selected by the Supreme Judicial Council of the Supreme Court, included 16 prosecutors and became operational in November.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials, including private-sector employees such as journalists and the leaders of government-funded NGOs. Several agencies are required to monitor and verify disclosures, including the General Inspectorate for Public Administration, the police internal affairs bureau, the Piraeus appeals prosecutor, and an independent permanent parliamentary committee. Declarations were made publicly available, albeit with some delay. The law provides for administrative and criminal sanctions for noncompliance. Penalties range from two to 10 years’ imprisonment and fines from 10,000 to one million euros ($12,000 to $1.2 million).

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 their views. COVID-19 restrictions, however, impeded access to reception and detention facilities for migrants on the islands and–in certain circumstances–to official camps on the mainland.

Government Human Rights Bodies: The Office of the Ombudsman, a state body considered independent and effective, investigated complaints of human rights abuses by individuals. Five deputy ombudsmen dealt with human rights, children’s rights, citizen-state relations, health and social welfare, and quality of life problems, respectively. The office received adequate resources to perform its functions. In its 2019 annual report, the office reported receiving 16,976 complaints, of which 73 percent were satisfactorily resolved.

The autonomous, state-funded National Commission for Human Rights (NCHR) advised the government on protection of human rights. The NCHR was considered independent, effective, and adequately resourced.

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

Women

Rape and Domestic Violence: Under a law that took effect in 2019, rape, including spousal rape, is a crime punishable by 10 years’ up to life imprisonment in cases with multiple perpetrators or if the rape results in the victim’s death. The previous limit was five to 20 years. Attempted sexual intercourse without consent is punishable by up to 10 years in prison. Charges may be pressed ex officio, without the need of a complaint. If the victim does not wish to seek prosecution, the prosecutor may decide to drop charges. The law applies equally to all survivors, regardless of gender.

In 2019 media reported research showing that only 200 of an estimated average of 4,500 rape incidents per year were officially reported (approximately one out of 22). On May 5, media reported statistics from the Secretariat General for Family Planning and Gender Equality indicating an increase in violent incidents, including domestic violence, during the general lockdown in March and in April for COVID-19. The secretariat’s hotline received 1,070 calls reporting violent incidents in April, of which 648 referred to domestic violence, compared with 325 and 166, respectively, in March. Seven out of 10 incidents were reported by the victims themselves, mostly spouses and life partners (61 percent), children (10 percent), ex-spouses and former life partners (8 percent), and parents and siblings (9 percent). The data prompted the secretariat to conduct a wide campaign, involving television, internet and radio spots, to inform victims of domestic violence about their available options to escape from abusive behavior. Experts from the secretariat’s counselling services noted in parliament during September sessions of the special interparliamentary committee on gender equality that victims were reluctant to file complaints during the lockdown but after restrictions were lifted, complaints tripled and sometimes quadrupled.

On November 25, a survey ordered by the Ministry of Citizen Protection and its official think tank, the Center for Security Research, showed that more than three out of 10 women were abused during the spring lockdown. The survey, conducted from July to October, collected responses from 750 women. Of respondents, 36 percent reported suffering an abuse, with most of the victims being women ages 38 to 39, married, and with an average of two children. Eight in 10 of the perpetrators were men with a median age of 45, and four in 10 were college graduates, worked at full-time jobs, and had no history of violence.

Penalties for domestic violence range from one to three years’ imprisonment, depending on the severity of the violence. The previous range was two to 10 years. The court may impose longer prison sentences for crimes against pregnant or minor victims. Authorities generally enforced the law effectively when the violence was reported; however, some NGOs and international organizations criticized law enforcement in migrant sites for not responding appropriately to victims reporting domestic violence. Experts estimated only 10 percent of rape and domestic violence cases reached the courtroom, noting that despite an adequate legislative framework, judges’ personal biases and social norms that blame the victim were major obstacles. In 2019 police recorded 229 reported rape incidents, 62 of which were attempted rapes. Police reported identifying the perpetrators in 161 cases of rape and attempted rape. The number of identified perpetrators was 227.

The government and NGOs made medical, psychological, social, and legal support available to rape survivors.

Two popular television hosts were suspended for five days and fined 150,000 euros ($180,000) in January for comments they made in November 2019 making light of an incident in which a woman said a man sexually assaulted her in a public space at Aristotle University in Thessaloniki.

Female Genital Mutilation/Cutting (FGM/C): The law requires mandatory prison sentences for persons who coerce or force female individuals to undergo genital mutilation.

Despite anecdotal reports that migrant and refugee women residing in the country underwent FGM/C prior to their arrival in Greece, there was no evidence FGM/C was practiced in the country. In 2019 the European Institute for Gender Equality issued a study estimating that 25 to 42 percent of migrant and refugee girls living in the country but originating from states in which FGM/C is practiced were at risk of FGM/C.

Sexual Harassment: Under the new penal code, enforced since 2019, penalties may be as high as three years in prison for sexual harassment, with longer terms applied to perpetrators who take advantage of their position of authority or the victim’s need for employment. The previous penalty ranged from two months to five years. On November 24, NGO ActionAid reported that 85 percent of women in Greece were subjected to sexual harassment. The research took place from July to September based on a sample of 1,001 women from across the country and an additional 376 women working in tourism and catering. Based on the same research, only 6 percent officially denounced these incidents. In his 2019 annual report, the ombudsman reported his office received 335 complaints pertinent to gender equality, without specifying how many were related to sexual harassment, noting, however, that complaints on gender equality grounds were among the highest in numbers for calendar year 2019 (335 of 16,976). This trend was also reflected in the ombudsman’s special report on nondiscrimination and equal treatment for 2019. Of the 1,176 complaints received in 2019, 44 percent cited discrimination on gender equality grounds. In these reports, as well as in previous years, the ombudsman noted the absence of a policy against sexual harassment in most private and public workplaces, oftentimes combined with inadequate investigation of reported incidents.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, and to manage their reproductive health with access to the information and the means to do so, free from discrimination, coercion, and violence. Some pregnant women and new mothers, particularly those residing in the five reception and identification centers for asylum seekers on the North Aegean islands during the COVID-19 pandemic, reportedly faced obstacles in accessing proper health care. There were no legal, social, and cultural barriers to access to contraceptives. The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides for the same legal status between women and men. The government effectively enforced the laws promoting gender equality, although discrimination occurred, especially in the private sector. Muslim minority persons in Thrace can request the use of sharia with notarized consent of both parties (see section 6, National/Racial/Ethnic Minority Groups).

Legislation passed in 2019 established a National Council on Gender Equality and created a certification for companies that comply with maternity leave laws, provide equal pay for male and female employees, and demonstrate gender equality in managerial posts.

A widespread perception still exists among private businesses that a pregnant employee is a burden, according to the 2019 annual antidiscrimination report from the ombudsman.

Children

Birth Registration: Citizenship is derived from one’s parents at birth; a single parent may confer citizenship on a child. Parents are obliged to register their children within 10 days of birth. The law allows delayed birth registration but imposes a fine in such cases. On February 3, the government passed legislation allowing the birth registration process to be completed electronically to increase transparency and facilitate the cross-checking of documents and data.

Child Abuse: Violence against children, particularly migrant, refugee, street, and Romani children, remained a problem. From January through October, the NGO Smile of the Child reported 1,019 serious cases of abuse related to 1,813 children through its helpline SOS 1056. The law prohibits corporal punishment and the mistreatment of children, but government enforcement was generally ineffective. Welfare laws provide for treatment and prevention programs for abused and neglected children in addition to foster care or accommodation in shelters. Government-run institutions were understaffed, however, and NGOs reported insufficient space, including for unaccompanied minors who by law are entitled to special protection and should be housed in special shelters.

Child, Early, and Forced Marriage: The legal age for marriage is 18, although minors ages 16 and 17 may marry with authorization from a prosecutor. While official statistics were unavailable, NGOs reported illegal child marriage was common in Romani communities, with Romani girls often marrying between the ages of 15 and 17, or even younger, and male Roma often marrying between the ages of 15 and 20.

Sexual Exploitation of Children: The legal age of consent is 15. The law criminalizes sex with children younger than 15. The law prohibits the commercial sexual exploitation of children and child pornography and imposes penalties if the crime was committed using technology in the country. Authorities generally enforced the law. In 2019 police arrested 27 individuals on child pornography charges.

Displaced Children: According to National Center for Social Solidarity data, approximately 4,190 refugee and migrant unaccompanied and separated children resided in the country as of October 15. Only 2,659 of these children resided in age-appropriate facilities. Local and international NGOs attested that unaccompanied minors were not always properly registered, at times lacked safe accommodations or legal guardians, and were vulnerable to labor and sexual exploitation, including survival sex. In 2019 the ombudsman issued a report about children on the move in the country, noting discrepancies in the administrative treatment of unaccompanied minors depending on where they entered the country, the agency that identified them, and their nationality.

On May 12, the government passed legislation establishing the Special Secretariat for the Protection of Unaccompanied Minors, later assigned to work under the Ministry for Migration and Asylum. The new law assigns the overall management and supervision of unaccompanied minors to this body, removing responsibility from the National Center for Social Solidarity, although the center continued to issue biweekly statistics on the status of unaccompanied minors.

The Special Secretariat for the Protection of Unaccompanied Minors is responsible for sheltering unaccompanied minors, including prioritizing cases with vulnerable or disabled minors. It is also responsible for coordinating the short-term and long-term placement of unaccompanied minors in shelters (government and nongovernmental) and safe zones in the RICs and other facilities. The secretariat is entrusted with: maintaining the national electronic registry for unaccompanied minors; monitoring the enforcement of standard operating procedures at reception facilities; periodically assessing the services provided; training and supporting the staff at these facilities, and coordinating efforts to relocate minors to other countries.

The government, through the Special Secretariat for the Protection of Unaccompanied Minors, increased placements for housing unaccompanied minors and sped up the process for relocating approximately 1,000 of them to other European countries as part of a voluntary relocation scheme.

Institutionalized Children: Activists condemned the use of protective custody for unaccompanied minors for prolonged periods, often in unsanitary, overcrowded conditions resulting from a lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions). On September 29, Secretary General for Unaccompanied Minors Irini Agapidaki stated on social media that there were no unaccompanied minors residing at the RICs on the five Aegean islands or in Evros. The unaccompanied minors had all been relocated to other shelters or to other EU member states. On November 18, the Ministry of Migration and Asylum reported that all unaccompanied minors who were in protective custody as of November 14 had been transferred to proper accommodation facilities.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Anti-Semitism

Local Jewish leaders estimated the Jewish population in the country consisted of approximately 5,000 individuals. Anti-Semitic rhetoric remained a problem, particularly in the extremist press, social networking sites, and certain blogs. There were several incidents of graffiti and vandalism.

On January 3, the Central Board of Jewish Communities in Greece (KIS) condemned anti-Semitic graffiti on a recently restored historic synagogue in Trikala, central Greece. The vandalism took place in late December 2019, with unknown perpetrators painting swastikas on the walls surrounding the synagogue and writing anti-Semitic slogans such as “Jewish snakes out.” The KIS called on the authorities to arrest those responsible. The city of Trikala also issued a statement condemning the incident. On August 13, a memorial to fallen Greek Air Force personnel in central Athens was defaced with anti-Semitic graffiti reading ‘Satanic Jews Out’ interspersed with Christian symbols.

On October 5, media reported that unknown perpetrators sprayed anti-Semitic slogans in German on the exterior walls of the Athens Jewish Cemetery. The municipality of Athens promptly acted to clean the walls, according to a statement by the Central Board of Jewish Communities in Greece, denouncing the incident. The government spokesperson said authorities would do everything possible to arrest the perpetrators. Several prominent government officials, including Foreign Minister Nikos Dendias and Minister of Education and Religious Affairs Niki Kerameus, tweeted that the incident was shameful.

On October 16, unknown perpetrators defaced the Holocaust Museum of Thessaloniki by spray-painting on the facade “With Jews, you lose.” The Ministry of Foreign Affairs and the Hellenic Solution party denounced the attack at the Holocaust Monument. The KIS on October 19 issued a statement condemning other attacks, including the vandalism of four tombstones at the Jewish cemetery of Rhodes and graffiti at the Jewish cemetery of Thessaloniki reading “Death to Israel.” The KIS statement said the “vandalism of cemeteries and monuments equals tolerating the vandalism of memory and civilization” while urging the Ministry of Citizen Protection to arrest the perpetrators and to reinforce security measures on all Jewish institutions and monuments in Greece.

A perpetrator or perpetrators spray-painted a Christogram cross with the words “Jesus Christ Conquers” on the facade of a synagogue and Holocaust monument on December 3 in Larissa, central Greece, and on December 29 on a Holocaust monument in Drama, northern Greece, also damaging the marble base of the monument. The Ministry of Foreign Affairs, the diocese of Larisa and Tyrnavos, the Secretary General for Religious Affairs, and the respective municipalities all issued statements denouncing the acts. The KIS praised the municipality of Drama for immediately restoring the damage and erasing the graffiti. On December 4, Larissa police arrested a male suspect in the nearby area of Tempi, charging him with damaging property and violating an antiracism law during the December 3 incident.

The KIS continued to express concern about anti-Semitic comments by some in the media. On January 29, the KIS expressed concern about political cartoons and images in which political controversies were mocked with the use of Jewish sacred symbols and Holocaust comparisons. The KIS issued a statement protesting a sketch of the entrance to the Auschwitz concentration camp in a political cartoon arguing against lifting protection of primary residencies from foreclosures. The KIS called the cartoon unacceptable because it trivialized a symbol of horror. The newspaper called the reaction “justifiable,” arguing it had no intent to trivialize or deny the Holocaust.

On November 11, the KIS denounced a front-page headline of the newspaper Makeleio related to the announcement by the Jewish CEO of a pharmaceutical company about the COVID-19 vaccine. The headline presented the company’s CEO as the infamous Nazi official Dr. Joseph Mengele, also known as the butcher of the Auschwitz concentration camp, with the title: “Jewish veterinarian will stick the needle in us! Nightmarish admissions by force in ‘chamber-camps’ as flocks.” The KIS noted that the parallel between Nazi experiments in the concentration camps and the vaccine’s production perpetuates hatred and stereotypes against Jews, while also discouraging individuals from using the vaccine. On November 20, Secretary General for Religious Affairs George Kalantzis issued a statement condemning the newspaper’s characterization, saying that such reporting is reminiscent of the Middle Ages “when Jews were accused of every disaster, illness, or defeat.”

On October 22, a court of appeals in Athens decided to imprison seven leading members of the ultra-nationalist and pro-Nazi Golden Dawn party after the court had proclaimed Golden Dawn a criminal gang on October 7. All were sentenced to 13 years in prison but one of them, Christos Pappas, evaded arrest and at the end of the year remained at large. Local and international Jewish communities expressed concern over the anti-Semitic rhetoric of many Golden Dawn members.

On January 27, Prime Minister Mitsotakis attended memorial events marking the 75th anniversary of the liberation of Auschwitz-Birkenau and became the first prime minister to pay an official visit to the former concentration camp.

On January 9, during a visit by Prime Minister Mitsotakis to Washington, the Ministry of Defense and the U.S. Holocaust Memorial Museum (USHMM) signed an agreement allowing researchers to examine records of Nazi atrocities in Greece between 1940 and 1945. The Ministry of Culture was cooperating with USHMM on a joint effort to retrieve personal items belonging to Jewish refugees from the 1946 shipwreck of the Athina off Astypalea Island; the items were for inclusion in the USHMM’s permanent exhibition.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, information, communications, buildings, transportation, the judicial system, and other state services such as special education. NGOs and organizations for disability rights reported government enforcement of these provisions was inconsistent. For example, an employee with multiple sclerosis lost her job after returning from six months of sick leave required for therapy, even though she submitted a doctor’s note stating the therapy was needed, according to the ombudsman in the 2019 annual report. The employer cited “unconventional behavior” as reason for the dismissal three months after the employee’s return. Authorities fined the employer for not making the necessary adaptations to accommodate the employee’s disability.

On May 9, police in Gastouni, Peloponnese, physically attacked a young student with a mental disability, reportedly assuming he was a thief. The incident, which took place just outside the victim’s residence, prompted reactions by human rights activists including the Racist Crimes Watch Network and the National Confederation of Disabled People (see section 1.c., Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).

Most children with disabilities had the option to attend mainstream or specialized schools. The dropout rate for students with disabilities was high, partly due to shortages in transportation, a lack of infrastructure such as ramps and audiovisual aids, and staff and funding shortages. Despite progress in establishing new school units and classes to help students with disabilities integrate in primary and secondary education, the ombudsman and other agencies noted that integrating children with disabilities into mainstream classrooms remained a problem.

Persons with disabilities continued to have poor access to public buildings, transportation, and public areas, even though such access is required by law. Access to buildings, ramps for sidewalks, and accessible public transportation vehicles were among the biggest access concerns. Even ramps in the street were often too steep or rough to use, and ramps for public transportation were often out of order. In July a long-awaited ministerial decree established technical guidelines, requiring existing buildings and facilities to have made “reasonable adaptions” to ensure accessibility by the year’s end, or else lose their license.

In his 2019 annual report, the ombudsman reported that 37 percent of the complaints his office received related to disability and chronic disease, a notable increase from 2018.

On March 11, the government abolished legislation passed in May 2019 lifting significant obstacles to the granting of Greek citizenship for persons with intellectual disabilities or psychiatric illnesses. The previous legislation enabled such persons to claim Greek nationality if they were born or raised in the country by lawfully residing foreign nationals, allowing them to bypass the mandatory requirement of several years of Greek schooling or the passage of a Greek language and civilization test. The National Confederation of Disabled People denounced the government’s decision in a joint statement with the NGOs Hellenic League for Human Rights and Generation 2.0. for Rights, Equality and Diversity. On October 12, the government amended the citizenship law, providing for a unified system of written exams in Greek language and culture for all applicants, except those older than 62, those with a certified disability, and those with learning difficulties. The exempted group could take an oral test.

Prime Minister Mitsotakis presented the country’s first National Plan of Action for Persons with Disabilities on December 16, which sets clear and measurable targets based on the Convention on the Rights of Persons with Disabilities. The action plan establishes a coordinating government mechanism of central and local authorities to follow up on implementation, and a National Authority for Accessibility to monitor the implementation of legislation.

Members of National/Racial/Ethnic Minority Groups

While the constitution and law prohibit discrimination against members of minority groups, Roma and members of other minority groups continued to face discrimination.

On May 18, a citizen residing in Heraklion, Crete, reported local police physically abused him as he headed home from work, assuming he was a migrant. According to the victim’s complaint, police told him to stop for an inspection, saying, “Hey Pakistani, pull aside.” He reported that police then punched, kicked, and threatened him with retaliation if he filed a complaint. On May 20, police announced the launch of an investigation into the incident. No outcome of this investigation had been made public by the year’s end.

On June 6, the NGO Movement United against Racism and the Fascist Threat denounced police attacks on individuals before or during their detention. According to the NGO, during the June 4 Eid al-Fitr celebration, police officers at the Menidi police station, in the Athens region, physically abused 11 Pakistani, Palestinian, Indian, and Albanian migrant detainees after the detainees asked to contact their relatives.

On December 26, according to media sources, a group of about 10 men armed with sticks, knives, and iron bars shouted racist slogans and attempted to enter a shelter for unaccompanied minors in Oreokastro, northern Greece, operated by the Church of Greece for refugee children between the ages of eight and 15. Four minors who were attacked in the yard of the facility were transferred to a hospital for treatment. One of them experienced severe respiratory problems after being beaten on the chest. Numerous political parties condemned the attack, and a lawyer representing the facility filed a formal complaint. On December 27, police arrested two persons, a 38-year-old father and his 13-year-old son, for participating in the attack. At the end of the year, the investigation was ongoing.

On October 14, media reported that a court in Athens ruled in favor of 47 female migrant cleaning workers whose contracts with the municipality of Athens were terminated because they could not certify knowledge of the Greek language, as per a new Ministry of Interior regulation. The court said all 47 women should be given their jobs back.

Although the government recognizes an individual’s right to self-identification, many individuals who defined themselves as members of a minority group found it difficult to express their identity freely and to maintain their culture. Some citizens identified themselves as Turks, Pomaks, Vlachs, Roma, Arvanites, or Macedonians. Some unsuccessfully sought official government identification as ethnic or linguistic minorities. Courts routinely rejected registration claims filed by associations in Thrace with titles including the terms Turk and Turkish when based on ethnic grounds. Individuals may legally call themselves Turks, and associations using those terms were able to function regularly without legal status (see section 2.b., Freedom of Association). Government officials and courts have denied requests by Slavic groups to use the term Macedonian to identify themselves on the grounds that more than two million ethnically (and linguistically) Greek citizens also used the term Macedonian for self-identification.

The law recognizes a Muslim religious minority, as defined by the 1923 Treaty of Lausanne, which consists of persons descended from Muslims residing in Thrace at the time of the treaty’s signature. These persons can be in ethnic Turkish, Pomak, and Romani communities. Some Pomaks and Roma claimed that ethnically Turkish members of the Muslim minority provided monetary incentives to encourage them to say they were ethnically Turkish.

During the 2019-20 school year, the government operated 115 primary schools and two secondary schools in the Thrace region that provided secondary bilingual education in Greek and Turkish for minority children. The government also operated two Islamic religious schools in Thrace. Some representatives of the Muslim minority said the facilities were inadequate to cover their needs, and claimed the government ignored their request to privately establish an additional minority secondary school. The same representatives noted a decreasing number of primary-level minority schools, which the government attributed to a decreasing number of students. Per the law, any facility with fewer than nine students must temporarily suspend operations, with students referred to neighboring schools. For the 2019-20 school year, authorities announced that 20 schools had suspended operations in the region of Eastern Macedonia and Thrace, five of which were minority schools. On April 28, an additional two minority schools suspended operation for the school period 2020-21 as per a ministerial decision, due to low attendance.

Roma continued to face widespread governmental and societal discrimination, social exclusion, and harassment, including ethnic profiling by police, alleged abuse while in police custody, discrimination in employment, limited access to education, and segregated schooling. The ombudsman wrote in his 2019 annual report that local authorities did not help to improve the living and social conditions of the Roma, which would gradually assist them to integrate. The lack of integration led to more complaints of tension between Roma and non-Roma. The ombudsman praised local governments that implemented integration practices.

On July 7, the NGO Racist Crimes Watch filed a complaint with police, claiming that police on motorcycles had beaten two Roma in the Athens suburb of Vrilissia because police falsely believed the Roma had conducted a robbery in the area on June 28. The NGO argued that police engaged in ethnic profiling.

Poor school attendance, illiteracy, and high dropout rates among Romani children were problems. Authorities did not enforce the mandatory education law for Romani children, and local officials often excluded Romani pupils from schools or sent them to Roma-only segregated schools.

On March 11, the government abolished legislation allowing Roma born in Greece to parents without official registration to gain Greek citizenship.

On July 10, the European Court of Human Rights accepted the request for interim measures in the case of Romani tent-dwellers residing in Aspropyrgos, in greater Athens, who were to be evicted by the local municipality. The court suspended the eviction until July 27 and asked Greek authorities to provide timely information about the legal grounds of their case, including eviction protocols and alternative housing solutions. On July 6, the UN Human Rights Committee, following a petition by the NGO Greek Helsinki Monitor, suspended the eviction of seven other Romani individuals, also residents of Aspropyrgos, until their appeal of the eviction could be heard.

On March 11, a Thessaloniki court blocked the enforcement of a board decision by the municipality of Thermaikos, in northern Greece, to evict approximately 200 Roma families residing in makeshift homes in an area called Tsairia. The court deemed that the municipality did not offer an alternative site for relocation. The local mayor, George Tsamaslis, vowed to appeal the decision, arguing that finding “a new home” for the Roma was not among the city’s responsibilities.

Local media and NGOs reported race- and hate-motivated attacks on migrants, allegedly by far-right individuals acting alone or in groups. In its annual report for 2019, the RVRN reported that, despite a decrease in incidents of organized violence since 2013, “a significant number of the attacks showed signs of a structured organization or organized group.” More than 50 percent of the incidents recorded by the RVRN in 2019 (51 of 100) targeted migrants, refugees, or asylum seekers on grounds of ethnic origin, religion, or skin color. The RVRN also noted “aggression against refugees in other aspects of daily life” as well as “a wider targeting of people of African origin, compared to previous years.”

On October 7, Greek courts determined the neo-Nazi Golden Dawn party had operated as a criminal organization that systematically targeted members of ethnic and religious minorities, including Muslim and Jewish persons, with hate speech and violence. The court found 18 former members of parliament guilty of participating in a criminal enterprise, and found 16 members guilty of the 2013 murder of anti-Fascist activist Pavlos Fysass. The historic decision ended a trial which lasted more than five years, the longest in Greek history, and resulted in prison sentences of 13 years for seven leading figures of the group.

On July 2, an Athens court found Panayotis Papagiannis, a leading member of the Krypteia Fascist and nationalist group, guilty of a number of racist attacks, including arson at the headquarters of the Afghan community in Athens, and sentenced him to a five-year prison term.

In July the coordinator for refugee education at the Malakasa camp, Konstantinos Kalemis, made racist comments on social media regarding Giannis Antetokounmpo, a Greek player in the National Basketball Association. Kalemis commented on an interview in which Antetokounmpo said growing up in Greece was difficult because of the racial divide and because he constantly feared his parents would be deported. Minister of Education and Religious Affairs Niki Kerameus removed Kalemis from his post on July 24, noting that “such insulting and racist behavior has no place in the Greek educational system.”

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

The law prohibits discrimination against LGBTI persons in housing, employment, and government services such as education and health care. The government enforced antidiscrimination laws, which include sexual orientation and gender identity as aggravating circumstances in hate crimes. Offices combatting race crimes and hate crimes include in their mandates crimes targeting LGBTI individuals because of their sexual orientation or gender identity.

Violence against LGBTI individuals, including LGBTI refugees and migrants, remained a problem. Societal discrimination and harassment of LGBTI persons were widespread despite advances in the legal framework protecting such individuals. LGBTI activists alleged that authorities were not always motivated to investigate incidents of violence against LGBTI individuals and that victims were hesitant to report such incidents to the authorities due to a lack of trust. A male police officer harassed and verbally abused a transgender woman during a routine inspection at an entertainment venue, the NGO Greek Transgender Support Association (SYD) reported on January 7. The woman said the police officer used insulting, derogatory, and sexist language, touched her inappropriately, and insisted on bodily searching her himself. The victim filed a complaint against the police officer. No trial date has been set.

In 2019 the RVRN recorded 16 attacks based on sexual orientation and 25 based on gender identity. The sexual orientation attacks included verbal and physical assaults. In three cases, the victims were minors. The gender identity attacks included two cases of rape, one of which involved a minor, two incidents of sexual abuse and sexual assault, two incidents of physical violence, and 17 cases of verbal insults or threats. The RVRN noted the recorded incidents showed that “transgender people suffer verbal abuse, almost daily, which escalates as their transition progresses and becomes more visible.” According to information communicated to the RVRN for 2019, police recorded 282 incidents potentially involving racist motives, 32 of which were related to sexual orientation (20) and gender identity (12).

On May 14, the EU Agency for Fundamental Rights 2019 survey on LGBTI persons in the EU reported that in the country: 74 percent of respondents stated that they often or always avoided holding hands with their same-sex partner, 32 percent felt discriminated against at work, and 33 percent alleged they were harassed in the year before the survey. In addition, 51 percent of respondents felt discriminated against in at least one area of life in the year before the survey and 43 percent of LGBTI students aged 15 to 17 admitted hiding being LGBTI at school. Finally, 57 percent reported that LGBTI prejudice and intolerance has dropped during the past five years.

Activists in the LGBTI community said they faced particular hardships during the COVID-19 pandemic because they were forced to spend long periods at home with families who were not always accepting of their lifestyle, with an increase in domestic violence. Transgender individuals working in the sex industry also reported a loss of income during the pandemic.

On January 3, a joint ministerial decree outlined 12 countries of origin of asylum seekers the government considered “safe.” The decree raised concerns among human rights activists and the LGBTI community that the vast majority of these countries either persecuted individuals based on their sexual orientation and gender identity or presented serious threats to the lives of LGBTI individuals and human rights and LGBTI activists in the country (see section 2.f., Protection of Refugees).

On July 7, the NGO Diotima reported on a Moroccan transgender person whose application for asylum was rejected. Diotima argued that if she returned to Morocco, the woman’s life would be at risk due to her gender identity, a claim accepted by the court on October 14. The court annulled the deportation decision on the grounds the woman would face arrest, imprisonment, and abuse if sent back to her country (see section 2.f., Protection of Refugees).

Unmarried transgender individuals older than 15 may update documents to reflect their gender identity without undergoing sex reassignment surgery, according to Greek law. A judge must validate the change based on the individual’s external appearance. According to the Greek Transgender Support Association, the hearing process does not always have the necessary privacy and dignity for the applicant.

In his annual 2019 report, the ombudsman highlighted administrative obstacles faced by LGBTI individuals when they officially register a civil partnership. The ombudsman noted that corrections and changes to gender identity registrations, as part of administrative processes or notarial acts, did not always have the necessary safeguards of secrecy and respect for those impacted.

On January 20, a misdemeanors council ruled that six persons, including two store owners and four police officers, should be charged with fatal bodily harm in connection with the death of LGBTI activist Zak Kostopoulos in September 2018 in central Athens. The date of the trial was initially set for October 21 but due to restrictive COVID-19 measures, it was postponed indefinitely.

HIV and AIDS Social Stigma

While the law prohibits discrimination with respect to employment of individuals with HIV, societal discrimination against persons with HIV or AIDS remained a problem. Persons with HIV or AIDS were exempt on medical grounds from serving in the armed forces. A presidential decree authorizes the dismissal of professional military staff members if a member diagnosed with AIDS does not respond to treatment, but there were no reports of military staff dismissals under this provision.

On January 28, the NGO Positive Voice reported on a patient who was hospitalized in isolation from other inmates solely because he had HIV. Hospital personnel moved him from his original room–which he shared with other patients–and announced he would have to use a separate bathroom from others, as well as disposable plates, cups, and cutlery. Hospital personnel did not respect the patient’s privacy and dignity, the NGO said. In a public statement, the NGO noted instances in which HIV is used as a pretext by medical staff to delay or deny the provision of medical services.

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 military services, to form and join independent unions, conduct labor activities without interference, and strike. Armed forces personnel have the right to form unions but not to strike. Police have the right to organize and demonstrate but not to strike.

The law does not allow trade unions in enterprises with fewer than 20 workers and restricts labor arbitration mechanisms. The law generally protects the right to bargain collectively. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The law allows company-level agreements to take precedence over sector-level collective agreements in the private sector. Civil servants negotiate and conclude collective agreements with the government on all matters except salaries.

Only the trade unions may call strikes. A strike may be considered unlawful if certain conditions and procedures are not observed, for example based on the proportionality principle, which enables courts to decide in each case whether the anticipated benefit from the strike is greater than the economic damage to the employer.

There are legal restrictions on strikes, including a mandatory four-day notification requirement for public-utility and transportation workers and a 24-hour notification requirement for private-sector workers. The law also requires at least half of the members of a first-level union to endorse a strike for it to be held. The law mandates minimum staff levels during strikes affecting public services.

The law gives authorities the right to commandeer services in national emergencies through civil mobilization orders. Anyone receiving a civil mobilization order is obliged to comply or face a prison sentence of at least three months. The law exempts individuals with a documented physical or mental disability from civil mobilization. The law explicitly prohibits the issuance of civil mobilization orders as a means of countering strike actions before or after their proclamation.

The government generally protected the rights of freedom of association and collective bargaining and effectively enforced the law. Penalties for violations of freedom of association and collective bargaining were commensurate to those of other laws related to civil rights. Courts may declare a strike illegal for reasons including failure to respect internal authorization processes and secure minimum staff levels, failure to give adequate advance notice of the strike, and introduction of new demands during the strike. Administrative and judicial procedures to resolve labor problems were generally subject to lengthy delays and appeals.

There were reports of antiunion discrimination. For example, on February 21, the Workers Union in Publications, Bookstores, Photocopy Centers, Stationery, and Digital Devices of Athens protested the dismissal of the union’s vice president, calling it “revengeful.” The dismissal was “connected to his trade union activities and his participation in strikes,” the union said. The employer reportedly cited low productivity as the reason, but the union noted the vice president had a strong seven-year track record at the business.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor and provides additional protections for children, limiting their work hours and their work under certain conditions. Several government entities, including the police antitrafficking unit, worked to prevent and eliminate labor trafficking. There were reports of forced labor of women, children, and men, mostly in the agricultural sector. Forced begging (see section 7.c., Prohibition of Child Labor and Minimum Age for Employment) mostly occurred in metropolitan areas and populous islands, focusing on popular metro stations, squares, and meeting places. Penalties for violations were commensurate to those of other serious crimes, but victims seldom reported violations.

On January 28, the General Confederation of Greek Workers, the biggest umbrella organization for workers’ rights, condemned the “attempted murder” of an agriculture worker in Marathonas, Athens, by his employer. The incident occurred on January 27 when the employer shot a rifle at his employee for reportedly requesting unpaid wages.

Agricultural workers at Manolada in Ilia, Peloponnese, reported on April 1 that they had to live in makeshift huts for 10 to 20 persons, that were covered with layers of nylon, without running water, and had showers and toilets placed outside, according to the Manolada Watch initiative launched by the NGO Generation 2.0 for Rights, Equality & Diversity, to monitor the living and working conditions of migrants workers.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for employment in the industrial sector is 15, with higher limits for some activities. The minimum age is 12 in family businesses, theaters, and cinemas. A presidential decree permits children age 15 or older to engage in hazardous work in certain circumstances, such as when it is necessary as part of vocational or professional training. In such cases workers should be monitored by a safety technician or a medical doctor. Hazardous work includes work that exposes workers to toxic and cancer-producing elements, radiation, and similar conditions.

The Labor Inspectorate, which was placed under the authority of the General Secretariat for Labor at the Ministry of Labor and Social Affairs by a presidential decree issued in 2019, is responsible for enforcing child labor laws, with penalties for violators ranging from fines to imprisonment. Penalties for violations were commensurate with other serious crimes. Trade unions, however, alleged that enforcement was inadequate due to the inspectorate’s understaffing and that the government did not adequately enforce the law to protect exploited children.

Child labor was a problem in the informal economy. Younger family members often assisted families in agriculture, food service, and merchandising on at least a part-time basis. Family members compelled some children to beg, pick pockets, or sell merchandise on the street, or trafficked them for the same purposes. The government and NGOs reported the majority were indigenous Roma, Bulgarian, Romanian, or Albanian Roma. The pandemic caused fewer street children in Thessaloniki to “work,” the NGO ARSIS reported on June 12. For example, ARSIS estimated that approximately 50 children were working in the streets from January to April, as opposed to 189 children during the same period in 2019. There were reports unaccompanied migrant children were particularly vulnerable to labor exploitation and worked mainly in the agricultural and, to a lesser extent, manufacturing sectors.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, religion, national origin, skin color, sex (including pregnancy), ethnicity, disability, age, sexual orientation, gender identity, HIV or AIDS status, or refugee or stateless status.

The government did not always effectively enforce these laws and regulations. Penalties for violations were commensurate with other laws related to denials of civil rights. Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, HIV status, social status, age, sexual orientation, and gender identity occurred.

In his 2019 report on equal treatment, the ombudsman reiterated previous findings about pregnancy and maternity being treated by the employers as problems, at times resulting in dismissals from work. The ombudsman reported cases of interventions with employers in the state and private sectors in support of employees who faced discrimination on grounds of disability, sex, religion, and HIV status. The ombudsman reported on the case of a Muslim female student, practicing to becoming a nurse, who was prohibited by her superior at a public hospital from wearing a headscarf at work. The ombudsman reported that as of the end of the year the case remained open and was still under investigation. A study by ActionAid released November 24 showed that 85 percent of more than 1,300 women surveyed said they had been subjected to sexual harassment (see section 6, Discrimination, Societal Abuses, and Trafficking in Persons).

e. Acceptable Conditions of Work

By ministerial decree the government sets the national minimum salary for employees in the private sector and for unspecialized workers. These wages were above the poverty income level.

The maximum legal workweek is 40 hours. The law provides for at least one 24-hour rest period per week, mandates paid vacation of one month per year, and sets limits on the amount of overtime work which, based on conditions, may exceed eight hours in a week. The law regarding overtime work requires premium pay, and employers must submit information to the Ministry of Labor for authorization. Premium pay ranged from an additional 20 to 80 percent of the daily wage, based on the total number of extra hours and the day (Sundays, holidays, etc.), and whether it was night service. Employers also provided compensatory time off. These provisions were not effectively enforced in all sectors, particularly in tourism, catering services, retail businesses, agriculture, the informal economy, or for domestic or migrant workers.

In 2019 the government passed new laws making it easier to terminate an employee, abolishing provisions that a contractor or subcontractor had to provide suitable reasons for the legal termination of an employee’s contract. In 2019 the parliament passed legislation increasing the minimum hourly wage of part-time workers by 12 percent for every additional hour worked above a four-hour ceiling. Under the same legislation, the first five hours worked after a 40-hour work week are no longer considered overtime. Employers were required in such cases, however, to pay an additional 20 percent of the hourly wage.

The government did not always enforce wage and overtime laws effectively. Penalties for violations were commensurate with other similar violations. Unions and media alleged some private businesses forced their employees to return in cash part of their wages and mandatory seasonal bonuses after depositing them in the bank. Unions and media also alleged that some employers forced employees to unlawfully work while their contracts were temporarily suspended due to the pandemic during the time they were receiving subsidy allowances by the state instead of their salaries. Sometimes employees were officially registered as part-time employees but worked additional hours without being paid. Overtime work was not always registered officially or paid accordingly. In other cases employees were paid after months of delay and oftentimes with coupons, not cash. Such violations were noted mostly in the tourism, agriculture, and housekeeping sectors. On February 18, media reported that a misdemeanors court in Kalamata, Peloponnese, sentenced to eight months in prison an employer who threatened his employees with dismissal if they did not return the full amount of seasonal bonuses in cash after it was deposited to their bank accounts.

The law provides for minimum standards of occupational health and safety, placing the responsibility for identifying unsafe situations on occupational safety and health experts and not the workers. Workers have the right to file a confidential complaint with the labor inspectorate regarding hazardous working conditions and to remove themselves from such situations without jeopardizing their employment. Owners who repeatedly violate the law concerning undeclared work or safety standards could face temporary closure of their businesses. Under the same law, employers are obliged to declare in advance their employees’ overtime work or changes in their work schedules. The legislation provides for social and welfare benefits to be granted to surrogate mothers, including protection from dismissal during pregnancy and after childbirth. Courts are required to examine complaints filed by employees against their employers for delayed payment within two months of their filing, and to issue decisions within 30 days after the hearing.

The Labor Inspectorate is responsible for enforcement of labor law. The Ministry of Labor and Social Affairs is responsible for all concerns regarding occupational safety and health at the national level. Per the 2019 presidential decree, the Labor Inspectorate and the General Directorate for Labor Relations, Health, Safety and Inclusion at Work were both brought under the General Secretariat for Labor. The directorate is the principal authority overseeing labor conditions in both the private and public sectors, except for mining and marine shipping (which fall under the Ministry of Development and Investment and the Ministry of Shipping and Island Policy, respectively). Labor experts characterized health and safety laws as satisfactory but stated that enforcement by the Labor Inspectorate was inadequate. Penalties for violations were commensurate to those of similar crimes, but the number of labor inspectors was insufficient to enforce compliance. Inspectors have the authority to conduct unannounced inspections and initiate sanctions.

Authorities can temporarily close businesses that hire undeclared employees, and can permanently close businesses that repeatedly violate the law. Nonetheless, trade unions and media reiterated that enforcement of labor standards was inadequate in the shipping, tourism, and agriculture sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons.

At least 15 workers were injured or killed as a result of work accidents, according to media reports. There was one major industrial accident which resulted in the injury of four workers on February 3. In November 2019 an Athens first instance court ruled that work-related stress falls into hazardous working conditions, vindicating the spouse and the son of a business employee who suffered a stroke due to work-related stress and lost his life. The court ordered compensation of 160,000 euros ($192,000) for both complainants to be paid by the employer.

Oman

Executive Summary

The Sultanate of Oman is a hereditary monarchy ruled since January by Sultan Haitham bin Tarik Al Said; Haitham was the designated successor of Qaboos Al Said, who had ruled since 1970. The sultan has sole authority to enact laws through royal decree, although ministries and the bicameral Majlis Oman (parliament) can draft laws on non-security-related matters, and citizens may provide input through their elected representatives. The Majlis Oman is composed of the Majlis al-Dawla (upper house or State Council), whose 85 members are appointed by the sultan, and the elected 86-member Majlis al-Shura (lower house or Consultative Council). In October 2019 nearly 350,000 citizens participated in the Majlis al-Shura elections for the Consultative Council; there were no notable claims of improper government interference.

The Royal Office, Royal Oman Police (ROP), Internal Security Service, and Ministry of Defense comprise the security apparatus. The Royal Office is responsible for matters of foreign intelligence and security. The ROP, which includes Civil Defense, Immigration, Customs, and the Coast Guard, performs regular police duties as well as many administrative functions more similar to a Ministry of Interior in other countries. An inspector general serves as the head of the ROP, which is a ministerial-level position that reports directly to the sultan. Formerly under the Royal Office, the Internal Security Service is now an independent body headed by an official with ministerial-level rank. The Internal Security Service investigates matters related to domestic security. Sultan Haitham appointed his brother as deputy prime minister for defense affairs, although the sultan remains the supreme commander of the armed forces. The sultan, as well as the senior civilian and military authorities who reported to him, maintained effective control over the security forces. There were no reports that members of the security forces committed abuses.

Significant human rights issues included: restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; required exit permits for foreign workers; restrictions on political participation; and criminalization of consensual lesbian, gay, bisexual, transgender, and intersex conduct.

Authorities generally held security personnel and other government officials accountable for their actions. The government acted against corruption during the year, with cases proceeding through the court system.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively. The Financial and Administrative State Audit Institution (FASAI) submitted an annual report to the sultan and the Majlis Oman. The Majlis al-Shura had the authority to summon and question ministers.

Corruption: There were reports of government corruption, including in the police, ministries, and state-owned companies. Political and social favoritism were widespread in public and private institutions.

Authorities detained a local broadcaster for his social media activity regarding possible corruption in the country, releasing him one day later, human rights observers reported in March. Authorities reportedly also arrested four other citizens who reposted the tweet, including a former member of the Majlis al-Shura.

Financial Disclosure: Public officials are subject to financial disclosure laws. When selected for disclosure, officials are required to list their finances, business interests, and property, as well as that of their spouses and children. These records are made public, and there are fines associated with noncompliance. The FASAI monitors this process.

In July the state investment authority removed ministers and undersecretaries from the boards of directors of state-owned companies.

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

No independent, officially sanctioned, domestic human rights organizations existed in the country. There were civil society groups that advocated for persons protected under human rights conventions, particularly women and persons with disabilities. These groups were required to register with the Ministry of Social Development.

The law permits domestic and international actors to request permission to engage in human rights work, but none did because they believed the government was not likely to grant permission.

Government Human Rights Bodies: The OHRC, a government-funded commission made up of members from the public, private, and academic sectors, reported on human rights to the sultan via the State Council. The OHRC also published an annual report summarizing the types of complaints it received and how it handled those complaints.

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

Women

Rape and Domestic Violence: The law criminalizes rape with penalties of up to 15 years in prison. The law does not criminalize spousal rape explicitly, but it does criminalize all “sex without consent.” The government generally enforced the law when individuals reported cases. Foreign nationals working as domestic employees occasionally reported that their sponsors had sexually assaulted them. According to diplomatic observers, police investigations resulted in few rape convictions.

The law does not specifically address domestic violence, and judicial protection orders prohibiting domestic violence do not exist. Charges could be brought, however, under existing statutes outlawing assault, battery, and aggravated assault, which can carry a maximum sentence of three years in prison. Allegations of spousal abuse in civil courts handling family law cases reportedly were common. Victims of domestic violence may file a complaint with police, and reports suggested that police responded promptly and professionally. The government operated a hotline for reporting incidents of domestic violence and a shelter for victims.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits health practitioners from conducting “traditional practices” that are harmful to a child’s health, and the 2019 Executive Regulations for the Child Law introduced “disfiguring female genital organs” as one of these harmful practices. There are no national statistics on the prevalence of FGM/C.

Sexual Harassment: Although the law does not explicitly prohibit sexual harassment, it has been prosecuted using statutes prohibiting offensive language and behavior.

Reproductive Rights: The government recognized the right of married couples to decide the number, spacing, and timing of their children. Married couples have access to family planning and information, free from discrimination, coercion, or violence. Health clinics disseminated information on family planning under the guidance of the Ministry of Health. Some forms of birth control, including condoms, were available at pharmacies and supermarkets, although doctor-prescribed birth control medication was generally not available for unmarried women. The government provided free childbirth services to citizens within the framework of universal health care. Prenatal and postnatal care was readily available and used. While survivors of sexual violence could seek medical treatment at public healthcare facilities, the government did not provide dedicated sexual and reproductive health services to victims.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law prohibits gender-based discrimination against citizens, but the government did not appear to enforce the law effectively. Local interpretations of Islamic law and practice of cultural traditions in social and legal institutions discriminated against women. In some personal status cases, such as divorce, a woman’s testimony is equal to half that of a man. The law favors male heirs in adjudicating inheritance.

The Ministry of Interior requires both male and female citizens to obtain permission to marry foreigners, except nationals of Gulf Cooperation Council countries, whom citizens may marry without restriction; authorities do not automatically grant permission, which is particularly difficult for Omani women to obtain. Citizen marriage to a foreigner abroad without ministry approval may result in denial of entry for the foreign spouse at the border and preclude children from claiming citizenship and residency rights. It also may result in a bar from government employment.

Despite legal protections for women from forced marriage, deeply embedded tribal practices ultimately compel most citizen women towards or away from a choice of spouse.

The law provides for transmission of citizenship at birth if the father is a citizen, if the mother is a citizen and the father is unknown, or if a child of unknown parents is found in the country. Women married to noncitizens may not transmit citizenship to their children and cannot sponsor their noncitizen husband’s or children’s presence in the country. Children from a marriage between an Omani woman and a non-Omani man are not eligible for citizenship and are at risk of statelessness.

The law provides that an adult may become a citizen by applying for citizenship and subsequently residing legally in the country for 20 years or 10 years if married to a male citizen.

Government policy provided women with equal opportunities for education, and this policy effectively eliminated the gender gap in educational attainment. Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private sector employers.

The Ministry of Social Development is the umbrella organization for women’s issues. The ministry provided support for women’s economic development through the Oman Women’s Association and local community development centers.

Authorities suspended a women’s rights Twitter account, a women’s rights advocate said in an anonymous Twitter post in February. A human rights organization said that the Internal Security Service was responsible for the suspension because account commentators were calling for more freedom for female university students.

Children

Birth Registration: Citizenship is derived from the father. Women married to noncitizens may not transmit citizenship to their children, and there were a few reported cases of stateless children based on this law. Children of unknown parents are automatically eligible for citizenship. Government employees raised abandoned children in an orphanage. Such children receive free education through the university level and a job following graduation. Citizen marriage to a foreigner abroad without ministry approval may preclude children from claiming citizenship rights.

Child Abuse: According to the law, any concerned citizen must report child abuse, and each governorate had an interagency committee that would meet to discuss the allegations and possibly take the child out of the parent’s custody until the allegations were investigated. The government operated a child abuse hotline, which reported 707 calls in 2019. The government reported that the main complaint was negligence, followed by physical abuse and sexual abuse.

Child, Early, and Forced Marriage: The age of legal marriage for men and women is 18, although a judge may permit a person to marry younger when the judge or family deemed the marriage was in the minor’s interest. Child marriage occurred in rural communities as a traditional practice.

In August reports of marriages of some minor girls and births among juvenile mothers as young as 15 prompted a local Arabic press outlet to publish an article clarifying that Islam and civil law prohibit marriage under 18 years of age, except in special cases that a judge permits.

Sexual Exploitation of Children: Commercial sexual exploitation of children and child pornography are punishable by no fewer than five years’ imprisonment. The penal code stipulates a punishment of life imprisonment for rape of a child younger than 15 years. The minimum age of consensual sex is 18. All sex outside of marriage is illegal, but sex with a minor younger than 15 carries a heavier penalty (up to 15 years’ imprisonment). Authorities do not charge minors. There were no known reports of child prostitution; soliciting a child for prostitution is prohibited.

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

Anti-Semitism

There was no indigenous Jewish population. One Arabic-language newspaper featured at least one cartoon critical of the Israeli government in which a man wearing the Star of David represented the state of Israel.

Trafficking in Persons

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

Persons with Disabilities

The law provides persons with disabilities the same rights as other citizens in employment, education, access to health care, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to public transportation and buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not conform to the law.

The government provided alternative education opportunities for citizen children with disabilities, including overseas schooling when appropriate.

Additionally, the Ministry of Education collaborated with the International Council for Educational Reform and Development to operate a curriculum for students with intellectual disabilities within the standard school system. The ministers of education and of health crafted a broad-based, prioritized strategy for various ministries to coordinate the issue of child autism in the country, including early autism diagnosis and intervention. The Ministry of Education also coordinated with UNICEF to improve its alternative education systems.

The Ministry of Social Development is responsible for protecting the rights of persons with disabilities. The Directorate General of Disabled Affairs within the Ministry of Social Development creates and implements programs for persons with disabilities in coordination with relevant authorities. The directorate was authorized further to supervise all of the ministry’s rehabilitation and treatment centers for persons with disabilities.

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

The penal code criminalizes consensual same-sex sexual conduct with a jail term of six months to three years, but it requires a spouse or guardian complaint to initiate prosecution. The government did not actively enforce this law.

The penal code identifies “crossdressing” (defined as males dressing in female clothing) as a criminal act punishable by up to one year’s imprisonment.

Public discussion of sexual orientation and gender identity remained a social taboo. There were no known lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations active in the country; however, regional human rights organizations focused on the human rights of LGBTI citizens. Authorities took steps to block LGBTI-related internet content.

Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address discrimination.

HIV and AIDS Social Stigma

Foreigners seeking residency in the country are tested for HIV/AIDS. If tested positive, the residency permission is denied, and foreigners must leave the country, but there were no known occurrences of this.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers can form and join unions, as well as conduct legal strikes and bargain collectively, but with significant restrictions. The law provides for one general federation, to which all unions must affiliate, and which represents unions in regional and international fora. The law requires a minimum of 25 workers to form a union, regardless of company size. The law requires an absolute majority of an enterprise’s employees to approve a strike, and notice must be given to employers three weeks in advance of the intended strike date. The law allows for collective bargaining; regulations require employers to engage in collective bargaining on the terms and conditions of employment, including wages and hours of work. Where there is no trade union, collective bargaining may take place between the employer and five representatives selected by workers. The employer may not reject any of the representatives selected. While negotiation is underway, the employer may not act on decisions related to problems under discussion. The law prohibits employers from firing or imposing other penalties on employees for union activity, although it does not require reinstatement for workers fired for union activity.

Despite the legal protections for labor unions, no independent organized labor unions existed. Worker rights continued to be administered and directed by the General Federation of Oman Workers (GFOW).

The GFOW responded to reports of labor rights violations, some precipitated by the COVID-19-related economic downturn. During the COVID-19 outbreak in the country, the GFOW received complaints that employers reduced or failed to pay wages, forced workers to take unpaid leave, and deducted time in quarantine from workers’ leave banks, according to several local press reports. As of September publicly released GFOW statistics highlighted that the Federation had received 370 reports of violations, participated in more than 200 settlement agreements, and referred some companies to the Public Prosecution.

Government-approved unions are open to all legal workers regardless of nationality, though the law prohibits members of the armed forces, other public security institutions, government employees, domestic workers, as well as individuals convicted of criminal activity or acts against the security of the country or national unity from forming or joining such unions. In addition, labor laws apply only to workers who perform work under a formal employment agreement and excludes domestic workers.

The law prohibits unions from accepting grants or financial assistance from any source without the Ministry of Labor’s prior approval. All unions are subject to the regulations of the government federation and may be shut down or have their boards dismissed by the federation.

The government generally enforced applicable laws effectively and respected the rights to collectively bargain and conduct strikes, although strikes in the oil and gas industries are forbidden. The government provided an alternative dispute resolution mechanism through the Ministry of Labor, which acted as mediator between the employer and employee for minor disputes such as disagreement over wages. If not resolved to the employee’s satisfaction, the employee could, and often did, resort to the courts for relief. The country lacked dedicated labor courts, and observers noted the mandatory grievance procedures were confusing to many workers, especially foreign workers. The Ministry of Labor had sufficient resources to act in dispute resolution.

Freedom of association in union matters and the right to collective bargaining exist, but often the threat of a strike can prompt either company action or government intervention. Strikes rarely occurred and were generally resolved quickly, sometimes through government mediation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forced or compulsory labor but explicitly excludes domestic workers. All police officials underwent training in how to identify victims of trafficking in persons to help them identify cases of forced or compulsory labor.

Conditions indicative of forced labor were present. By law all expatriate workers, who constituted approximately 80 percent of the workforce, must be sponsored by a citizen employer or accredited diplomatic mission. Some migrant workers, employed as domestic workers or as low-skilled workers in the construction, agriculture, and service sectors, faced working conditions indicative of forced labor, including withholding of passports, restrictions on movement, usurious recruitment fees, nonpayment of wages, long working hours without food or rest, threats, and physical or sexual abuse. These situations were generally considered civil or contract matters by authorities, who encouraged dispute resolution rather than criminal action. Authorities continued to rely on victims to identify themselves and report abuses proactively, rather than proactively investigating trafficking in vulnerable communities.

Sponsorship requirements left workers vulnerable to exploitative and abusive conditions and made it difficult for them to change employers (see section 2.d.). Some sponsors allow their employees to work for other employers, sometimes in return for a fee. This practice is illegal, but enforcement was weak, and such arrangements left workers vulnerable. The government clarified that sponsors of domestic workers are not allowed to send their workers to another home to work, but the regulation was weakly enforced. Some employers of domestic workers, contrary to law, withheld passports and other documents, complicating workers’ release from unfavorable contracts and preventing workers’ departure after their work contracts expired. The ROP issued a decision on May 31 that expatriates will no longer require a “no objection certificate” (NOC) from their employers to secure new work upon completion or termination of their employment contracts, effective January 1, 2021. Some employers exploited the NOC requirement to demand exorbitant release fees totaling as much as four months’ salary before permitting workers to change employers. Until the elimination of the NOC requirement becomes effective, foreign workers are required to either depart the country for a minimum of two years or remain in their current position. There were reports that sponsors were reluctant to provide NOCs, which would result in loss of the foreign labor certificate for that position.

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, or 18 for certain hazardous occupations. Employees younger than 18 may work only between the hours of 6 a.m. and 6 p.m. and are prohibited from working for more than six hours per day, on weekends, or on holidays. The law allows exceptions to the age requirement in agricultural works, fishing, industrial works, handicrafts, sales, and administrative jobs, under the conditions that it is a one-family business and does not hinder the juvenile’s education or affect health or growth.

The Ministry of Labor and ROP are responsible for enforcing laws with respect to child labor. The law provides for fines for minor violations and imprisonment for repeat violations. Employers are given time to correct practices that may be deemed child labor.

In 2019 the country made a moderate advance in eliminating the worst forms of child labor, and there is evidence that children in the country engaged in child labor, including in fishing and selling items in kiosks. The government does not publish information on the enforcement of child labor laws.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not address discrimination based on race, sex, gender, nationality, political views, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status. Labor laws generally restrict women from working the same hours as men, and, while the laws do not allow women to work in jobs deemed hazardous or arduous, there are no industry-specific occupations that are closed to women. Discrimination occurred based on gender, sexual orientation, nationality, disability, and gender identity. Foreign workers were required to take HIV/AIDS tests and could only obtain or renew work visas if the results were negative.

Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private sector employers. The percentage of females working in the government sector increased from 41 percent of the total number of workers in 2014 to 59 percent in 2018, according to official government statistics that the OHRC cited.

The law provides persons with disabilities the same rights as other citizens in employment, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to public transportation and buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not conform to the law. The law also requires government agencies and private enterprises employing more than 50 persons to reserve a certain percentage of positions for persons with disabilities. This percentage was 2 percent for the private sector; the Civil Service Council was responsible for determining the percentage for the public sector. Authorities did not systematically enforce this regulation.

For further discussion of discrimination, see section 6.

e. Acceptable Conditions of Work

The country has a minimum monthly wage for citizens that does not apply to noncitizens in any occupation. Minimum wage regulations do not apply to a variety of occupations and businesses, including small businesses employing fewer than five persons, dependent family members working for a family firm, or some categories of manual laborers. Most citizens who lived in poverty were engaged in traditional subsistence agriculture, herding, or fishing, and generally did not benefit from the minimum wage. The private sector workweek is 45 hours and includes a two-day rest period following five consecutive days of work. Government workers have a 35-hour workweek. The law mandates overtime pay for hours in excess of 45 per week.

The government sets occupational health and safety standards. The law states an employee may leave dangerous work conditions without jeopardy to continued employment if the employer was aware of the danger and did not implement corrective measures. Employees covered under the labor law may receive compensation for job-related injury or illness through employer-provided medical insurance. The government offered free COVID-19-related treatment to any resident of the country, regardless of legal status, who showed symptoms and did not have the means to pay for medical costs.

Neither wage and hour nor occupational safety and health regulations apply to domestic workers.

The Ministry of Labor is responsible for enforcing labor laws, and it employed inspectors in Muscat and around the country. It generally enforced the law effectively with respect to citizens; however, it did not always effectively enforce regulations regarding hours of employment and working conditions for foreign workers.

In July some expatriate workers for a construction company protested against alleged COVID-19-related loss of pay and inadequate food provision, causing significant damage to company property, according to social media and traditional press sources. The company stopped the demonstrations with the support of the government and reached out to embassies to coordinate the repatriation of expatriate employees who had lost jobs.

Labor inspectors performed random checks of worksites to verify compliance with all labor laws. Inspectors from the Department of Health and Safety of the Labor Care Directorate are responsible for enforcement of health and safety codes. Limited inspections of private sector worksites are required by law to deter or redress unsafe working conditions in the most dangerous sectors.

The Ministry of Labor effectively enforced the minimum wage for citizens. No minimum wage existed for noncitizens. In wage cases the Ministry of Labor processed complaints and acted as mediator. In a majority of cases, the plaintiff prevailed, gaining compensation, the opportunity to seek alternative employment, or return to their country of origin in the case of foreign laborers, although they rarely used the courts to seek redress. The ministry was generally effective in cases regarding minor labor disputes.

The government increased efforts to prevent trafficking in persons violations, which disproportionately affected foreign workers.

Foreign workers were vulnerable to poor, dangerous, or exploitative working conditions. There were reports that migrant laborers in some firms and households worked more than 12 hours a day without a day off for below-market wages. Employers often cancelled the employment contracts of seriously sick or injured foreign workers, forcing them to return to their countries of origin or remain in the country illegally. Some labor inspections focused on enforcing visa violations and deporting those in an irregular work visa status rather than verifying safe and adequate work conditions.

There are no maximum work-hour limits for domestic workers nor any mandatory rest periods, although the contract between the employer and worker can specify such requirements. There were some reports that domestic workers were forced to work with inadequate rest periods. Separate domestic employment regulations obligate the employer to provide domestic workers with free local medical treatment throughout the contract period. Penalties for noncompliance with health regulations were insufficient to deter violations. Some domestic workers were subjected to abusive conditions.

There was no data available on workplace fatalities or safety. In July, two expatriate workers died when an excavation site collapsed, according to the local press.

Peru

Executive Summary

Peru is a constitutional, multiparty republic. President Martin Vizcarra assumed the presidency in 2018 following the resignation of then president Pedro Pablo Kuczynski, under whom Vizcarra was vice president, on corruption allegations. Kuczynski had won the 2016 national elections in a vote widely considered free and fair. Using a provision of the constitution, President Vizcarra dissolved Congress in September 2019 and called for new legislative elections. Free and fair legislative elections took place on January 26 to complete the 2016-21 legislative term, as mandated by the constitution. On November 9, Congress impeached President Vizcarra for alleged corruption, under the “permanent moral incapacity” clause of the constitution. President of Congress Manuel Merino assumed the presidency on November 10 due to the lack of vice presidents but resigned on November 15 following a week of widespread protests. Congress then elected Francisco Sagasti as its new president on November 16, and he consequently became president of the republic.

The Peruvian National Police, who report to the Ministry of Interior, maintain internal security. The armed forces, reporting to the Ministry of Defense, are responsible for external security but also have some domestic security responsibilities in exceptional circumstances, such as the COVID-19 national state of emergency declared in March, and in designated emergency areas. Civilian authorities maintained effective control over the security forces. Members of the security forces were accused of committing abuses during protests this year, particularly during November 10-15 protests following the impeachment of former president Vizcarra.

Significant human rights issues included: arbitrary detentions (including of minors); serious government corruption at all levels, including in the judiciary; and sex and labor trafficking.

The government took steps to investigate and in some cases prosecute or otherwise punish public officials accused of abuses, including high-level officials. Nonetheless, corruption and perception of impunity remained prevalent and were a major concern in public opinion. President Sagasti publicly committed to support the investigation and prosecution of those responsible for abuses during the November 10-15 protests. The Public Ministry, which is the autonomous public prosecutor’s office, and the Inter-American Commission on Human Rights are also assessing the events of November 10-15.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of corruption by government officials during the year. Citizens continued to view corruption as a pervasive problem in all branches of national, regional, and local governments.

Corruption: Several high-profile political figures remained under investigation for corruption, particularly in relation to the well publicized Odebrecht corruption scandal.

Authorities transferred two-time presidential runner-up Keiko Fujimori from preventive detention to house arrest in May during the COVID-19 pandemic, while they continued investigating her for obstruction of justice and money laundering of campaign donations.

There were widespread allegations of corruption in public procurement and in public-private partnerships. Large transportation and energy infrastructure contracts frequently generated high-ranking political interference and corruption, including by former presidents and regional governors. Companies also reported midlevel government officials skewed tender specifications to favor bidders that paid bribes.

There was evidence of widespread corruption in the judicial system. Prosecutors continued an investigation launched following 2018 media reports on a judicial scandal involving allegations of influence peddling and graft by judges at all levels. Corruption was frequent at all levels of the PNP.

Financial Disclosure: Elected public officials and high-level appointed officials must submit personal financial information to the Office of the Comptroller General prior to taking office and periodically thereafter. The comptroller monitors and verifies disclosures, but the law was not strongly enforced. Administrative punishments for noncompliance may include suspension between 30 days and one year, a ban on signing government contracts, and a ban on holding government office. The comptroller makes disclosures available to the public.

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 somewhat cooperative and responsive to their views.

Government Human Rights Bodies: The Ministry of Justice and Human Rights, and in particular the Vice-Ministry of Human Rights and Access to Justice, oversaw human rights issues at the national level. The Ministry of Interior and the Ministry of Women and Vulnerable Populations also had significant human rights roles. These government bodies were generally considered effective.

The independent Office of the Ombudsman operated without government or party interference. NGOs, civil society organizations, and the public considered it effective.

Congressional committees overseeing human rights included Justice and Human Rights; Women and the Family; Labor and Social Security; Andean, Amazonian, Afro-Peruvian Peoples, and Environment and Ecology; Health and Population; and Social Inclusion and Persons with Disabilities.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape. Penalties are a minimum of 14 years and a maximum of life in prison. Enforcement was inadequate.

The law defines femicide as the crime of killing of a woman or girl based on expectations, assumptions, or factors distinctive to her gender. The minimum sentence for femicide is 20 years, and 30 years when the crime includes aggravating circumstances (e.g., crimes against minor, elderly, or pregnant victims). Enforcement of the law was slow, and prosecution of cases was often ineffective.

The law prohibits domestic violence; penalties range from one month to six years in prison. The law authorizes judges and prosecutors to prevent a convicted spouse or parent from returning to the family home. The law also authorizes the victim’s relatives and unrelated persons living in the home to file complaints of domestic violence. The law requires a police investigation of domestic violence to take place within five days of a complaint and obliges authorities to extend protection to female victims of domestic violence. Enforcement of the law was lax.

Violence against women and girls, and sexual, physical, and psychological abuse were serious, underreported national problems. A government health survey from 2019 released in June stated 57 percent of women ages 15 to 49 had suffered physical, psychological, or sexual violence in the previous 12 months. COVID-19 quarantine laws posed increased challenges, since a substantial proportion of violence against women took place in the home. Between March and July, the Ministry of Women and Vulnerable Populations reported more than 36,000 cases of violence against women, including 36 femicides, 32 attempted femicides, and 800 cases of sexual abuse. As of August more than 1,200 women and girls were reported as “missing” during the COVID-19 quarantine, placing them at high risk of human trafficking or other forms of violence and exploitation.

The Ministry of Women operated service centers for victims of domestic violence and sexual abuse and their accompanying children. These centers provided short-term shelter as well as legal, psychological, and social services. NGO representatives expressed concerns about the quality and quantity of the program’s services, particularly in rural areas. The ministry operated a toll-free hotline and implemented projects to sensitize government employees and the citizenry to domestic violence. The Public Ministry operated emergency spaces that women and children could use for short-term accommodation, and the government made efforts to expand temporary shelters, but NGO representatives and members of Congress stated there were not enough.

The Ministry of Women’s mobile emergency teams, composed of social workers and mental health professionals, aided women in highly vulnerable situations during the strict quarantine period from March 16 to May 31. The ministry reported attending to victims of rape (more than half of whom were minors) in that period, while acknowledging a shortage of rape kits. During the first week of quarantine in March alone, the ministry received 2,436 complaints through its hotline, responded to one femicide, and coordinated with police to intervene in 207 conflicts.

Sexual Harassment: Sexual harassment was a serious problem. The law defines sexual harassment as comments, touching, or actions of a sexual nature that are unsolicited and unwanted by victim. Sexual harassment is a crime with a penalty of up to eight years in prison. Sexual harassment in the workplace is also a labor rights violation subject to administrative penalties. Government enforcement of the law was minimal.

In February courts confirmed the 2019 sentence of a man for sexual harassment and imposed a sentence of four years and eight months in prison. This was the first ever conviction for sexual harassment of an adult victim.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children, and to have the information and means to do so, free from discrimination, coercion, or violence. The law prohibits abortion, except to save the life of or prevent serious illness to the mother.

The civil society organization PromSex reported that women in rural areas, especially Quechua-speaking women, were mistrustful of health-care providers, who sometimes imposed fines on indigenous women who gave birth at home. Health-care providers reportedly threatened to withhold birth certificates. Indigenous women and those living in rural areas experienced “verbal aggressions, mistreatment, the imposition of institutionalized and horizontal childbirth, and ignorance of their language and customs,” when seeking reproductive health services. Other factors, such as lack of sexual education, location of health centers, religious and social reasons, and economic hardships also contributed to the mistrust of the state health-care system.

Early motherhood continued to be a risk to adolescent health. According to the 2019 Demographic and Family Health Survey of the National Institute for Statistics and Informatics, 12.6 percent of female adolescents ages 15-19 had been pregnant at least once, and of those 9.3 percent were already mothers while 3.3 percent were pregnant for the first time. The World Health Organization (WHO) 2019 Trends in Maternal Mortality Study reported 92 percent of births were attended by skilled health personnel. According to the WHO, between 2010-2019, 66 percent of women of reproductive age had their need for family planning satisfied by modern methods.

Provincial prosecutorial offices are required by law to incorporate victims of sexual violence into the national Victims and Witness Assistance Program, or to request the required protection measures from the court; however, one NGO reported 15 percent of criminal prosecutors did not make these requests. The Ministry of Women and Vulnerable Populations coordinated provision of shelters for female victims of sexual assault, sexual violence, and human trafficking, and offered free legal, psychological, and social services and assistance; however, NGOs reported shelters were often not equipped to provide specialized psychological services. There were 446 Emergency Centers for Women in the country.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides for equality between men and women. It prohibits gender-based discrimination between partners regarding marriage, divorce, pregnancy, pay, and property rights. The government did not enforce the law effectively.

Arbitrary dismissal of pregnant women and workplace discrimination against women were common. The law stipulates that women should receive equal pay for equal work, but women often were paid less than men.

Children

Birth Registration: Citizenship is derived either by birth within the country’s territory or from either of the parents. The state grants a national identification card and number upon birth, which are essential to access most public and many private services. Rural Amazonian areas had the lowest coverage of national identification cards. Government and NGO representatives assessed that undocumented individuals were particularly vulnerable to labor exploitation, human trafficking, and other crimes.

Child Abuse: The law requires all government authorities, courts, and social service institutions to use the “best interests of the child” standard in decisions affecting abused children. The law imposes between six years and lifetime prison sentences for crimes listed as “child abuse,” including sexual exploitation of children, abusing minors, and child trafficking, but these crimes were sometimes confused with each other. Police did not always collect the evidence to meet the prosecutor’s evidentiary burden, and judges regularly applied a higher evidentiary threshold than required, resulting in courts applying lesser, easier-to-prove charges, particularly in trafficking cases.

Violence against children, including sexual abuse, was a serious nationwide problem. At-risk children may be placed with guardians or in specialized residential facilities for different kinds of victims. Not all shelters provided psychological care, although the law requires it. In most regions residential shelters operated by provincial or district authorities were supplemented by shelters operated by schools, churches, and NGOs. The Ministry of Women opened four specialized shelters between January and February for female child trafficking victims that provided psychosocial, medical, and legal support.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18. The law allows a civil judge to authorize minors older than 16 to marry. According to the 2017 census, there were 55,000 married teenagers, 80 percent of them girls.

Sexual Exploitation of Children: The law prohibits child pornography and stipulates a penalty of six to 12 years’ imprisonment and a fine. The law prohibits child sex trafficking, with a minimum penalty of eight to 15 years in prison if the victim is age 18 or older, 12 to 20 years in prison if the victim is 14 to 17, and 25 to 35 years if the victim is 13 or younger. Government officials and NGOs identified numerous cases of child sex-trafficking during the year, although officials continued to classify many child sex-trafficking crimes as sexual exploitation, which provides fewer protections to victims. While the COVID-19 pandemic brought tourism in general to a halt, the country remained a destination for child sex tourism, and NGO representatives reported an increase in online sexual exploitation during the pandemic.

Although the country has strong laws to protect children, it frequently had serious problems with enforcement. Media reported on the sex and labor trafficking of minor girls and women in the illicit gold-mining sites of the remote Amazonian Madre de Dios region. Law enforcement operations against illegal mining sites were not effective in identifying victims and removing them from exploitation.

The minimum age for consensual sex is 14. A conviction for rape of a child younger than 14 by an adult carries life imprisonment. The law also prohibits adults from using deceit, abuse of power, or taking advantage of a child in a vulnerable situation to have sex with a person younger than 18.

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

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

Estimates of the Jewish population ranged from 3,000 to 4,000 persons. Jewish community leaders said some individuals engaged occasionally in anti-Semitic conspiracy theories on social media. The government and both private and government-run media generally did not engage in this activity.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, defined as individuals with a physical, sensory, or mental impairment that limits one or more major life activities. The law establishes infractions and punishments for noncompliance. It provides for the protection, care, rehabilitation, security, and social inclusion of persons with disabilities, and mandates that public spaces and government internet sites to be accessible to them. It requires the inclusion of sign language or subtitles in all educational and cultural programs on public television and in media available in public libraries. The government generally did not effectively enforce the law.

The law requires companies to have job selection processes that give persons with disabilities the opportunity to apply for jobs on equal terms with persons without disabilities. The law also requires employers to provide employees up to 56 hours of leave per year to accompany their relatives with disabilities to medical appointments.

The government failed to enforce laws protecting the rights of persons with mental disabilities. NGO representatives and government officials reported an insufficient number of medical personnel providing services in psychiatric institutions.

Persons with disabilities faced immense challenges due to inaccessible infrastructure, minimal access to education, insufficient employment opportunities, and discrimination, according to government and civil society leaders. The Ombudsman’s Office reported approximately 87 percent of children with disabilities did not attend school and 76 percent of persons with disabilities did not work. One government survey reported that 70 percent of employers stated they would not hire a person with a disability.

Indigenous People

Indigenous persons remained politically, economically, and socially disadvantaged. They faced threats from land grabbers, narcotics traffickers, illegal miners, illegal loggers, and extractive industries that operated near or within indigenous land holdings, often in the Amazon. Indigenous persons were particularly at risk for both sex and labor trafficking. Many indigenous persons who lived in rural communities had limited access to justice, protection, or abuse prevention activities. Indigenous leaders expressed concerns that the national and regional governments did not adequately protect indigenous peoples and their property interests. In April an indigenous Kakataibo leader was killed in Puerto Inca, Huanuco, allegedly by criminals illegally selling land. In August, three indigenous Kukama citizens died after a clash with police while protesting oil extraction operations in Bretana, Loreto.

While the constitution recognizes that indigenous peoples have the right to own land communally, indigenous groups often lacked legal title to demarcate the boundaries of their land. Amazonian indigenous peoples continued to accuse the national government of delaying the issuance of land titles. By law indigenous communities retain the right of unassignability, which should prevent the title to indigenous lands from being reassigned to a nonindigenous person. Some indigenous community members, however, sold land to outsiders without the majority consent of their community.

The national government retains subsurface mineral rights for land nationwide. This led to disputes between local indigenous communities, the national government, regional governments, and various extractive industry interests. The law requires the government to consult with indigenous communities on proposed extractive projects or on changes to current extractive projects. The law also requires the government to produce a detailed implementation plan to facilitate government and private-sector compliance; implementation of this law was somewhat effective.

The law requires the Ministry of Culture to establish a database of indigenous communities entitled to consultation. As of August the ministry recognized 55 indigenous peoples as entitled to “prior consultation” and confirmed the existence of another 14 indigenous peoples in voluntary isolation, with very limited or no contact with the rest of the country. From 2014 to 2019, the government initiated 24 prior consultations with various indigenous communities, which generated 487 agreements. Of those 24 prior consultations, 10 had concluded and 14 continued.

NGOs, legal experts, and the Ombudsman’s Office expressed concern that indigenous communities did not have sufficient training to engage fairly in consultations with the government and extractive industries.

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

Discrimination, harassment, and abuse of transgender women and girls, including by police and other authorities, was a problem. During the COVID-19 national state of emergency, there was evidence of mistreatment of transgender citizens by police, particularly during a two-week period in which an emergency decree mandated that men and women were only allowed on the streets on alternate days. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons were particularly vulnerable to human trafficking and largely lacked access to comprehensive protective services.

The constitution prohibits discrimination, and individuals can file legal claims of discrimination based on sexual orientation or gender identity. Few national laws mention sexual orientation and gender identity as explicit categories for protection from discrimination, which left room for interpretations that overlook rights for LGBTI persons. Some regions and municipalities, including Piura, La Libertad, Loreto, and San Martin, have regulations that explicitly prohibit discrimination against LGBTI persons and provide administrative relief but not criminal sanctions.

The law does not provide transgender persons the right to update their national identity documents to reflect their gender identity. Transgender persons, therefore, often did not have valid national identification cards. This limited their access to government services. In August courts ordered the National Identity and Civil Status Registry to allow citizens to change their gender, name, and picture to reflect their current identity. As of November the case was under appeal by the government.

Government officials, NGO representatives, journalists, and civil-society leaders reported official and societal discrimination against LGBTI persons in employment, housing, education, law enforcement, and health care based on sexual orientation and gender identity. NGO representatives reported that law enforcement authorities repeatedly failed to protect, and on occasion violated, the rights of LGBTI citizens.

HIV and AIDS Social Stigma

Persons with HIV and AIDS faced discrimination and harassment, including societal discrimination, with respect to employment, housing, and social inclusion. The Ministry of Health implemented policies to combat discrimination based on HIV and AIDS status. HIV and AIDS affected transgender women and girls disproportionately, and many transgender women could not obtain health care because they lacked national identification cards reflecting their gender and appearance.

Other Societal Violence or Discrimination

In June the Ombudsman’s Office reported 140 active social conflicts and 50 latent ones. Social conflicts around extractive industries and socioenvironmental issues were 67 percent of the total number of social conflicts. Half of all social conflicts related to mining. As of August, 119 conflicts escalated to violence, resulting in a total of six deaths. In August media denounced physical abuses by police against citizens protesting mining operations in Espinar, Cusco. As of August the case remained under investigation.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

With certain limitations, labor laws and regulations provide for freedom of association, the right to strike, and collective bargaining. The law prohibits intimidation by employers and other forms of antiunion discrimination. It requires reinstatement or compensation of workers fired for union activity. The law allows workers to form unions without seeking prior authorization. By law at least 20 workers must be affiliated to form an enterprise-level union and 50 workers must be affiliated to form a sector-wide union or federation. Some labor activists viewed this requirement as prohibitively high, particularly for small and medium-sized businesses, which represented 96.5 percent of all businesses.

Long-term employment under short-term contract schemes was widespread, including in the public sector. The use of unlimited consecutive short-term contracts made the exercise of freedom of association and collective bargaining difficult.

Private-sector labor law sets out nine categories of short-term employment contracts that companies may use. The law sets time limits on contracts in each category and has a five-year overall limit on the consecutive use of short-term contracts. A sector-specific law covering parts of the textile and apparel sectors exempts employers from this five-year limit and allows employers to hire workers indefinitely on short-term contracts. The law provides for hiring, compensation, and paid-leave benefits for agricultural workers until 2031, including consecutive short-term contracts.

In August a leader of a street-cleaning union denounced physical aggression by unidentified persons who threatened her, allegedly due to her public demands for better labor conditions. As of August the case remained under investigation.

The law allows unions to declare a strike in accordance with their governing documents, with prior notice of five days for the private sector, 10 days for the public sector, and 15 days for emergency services. Essential services must also receive the approval of the Ministry of Labor to strike and provide a sufficient number of workers during a strike to maintain operations. Neither private-sector nor public-sector institutions may legally dismiss workers who strike.

The government did not effectively enforce the law on freedom of association, collective bargaining, or other labor laws. Penalties were not commensurate with penalties for other laws involving denials of civil rights, such as discrimination.

Penalties for violations of freedom of association and collective bargaining were insufficient to deter violations and, according to labor experts and union representatives, were rarely enforced. Workers faced prolonged judicial processes and lack of enforcement following dismissals for trade union activity.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always enforce it effectively. The law prescribes penalties of eight to 15 years’ imprisonment for labor trafficking and six to 12 years’ imprisonment for a separate crime of forced labor. Penalties were not commensurate with penalties for analogous crimes, such as kidnapping. Forced labor crimes continued to occur in domestic service, agriculture, forestry, mining and related services, factories, counterfeit operations, brick making, and organized street begging. Illegal logging, which had a devastating impact on the landscape and the environment, affected many indigenous communities who found themselves trapped in forced labor. The narcoterrorist organization Shining Path used force and coercion to recruit children to serve as combatants or guards. Shining Path also used force and coercion to subject children and adults to forced labor in agriculture, cultivating or transporting illicit narcotics, and domestic servitude, as well as to carry out terrorist activities.

Officials from the National Labor Inspectorate participated in joint operations with police that led to the identification of victims of forced labor. The government also continued to implement the National Plan of Action against Trafficking in Persons 2017-21.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The legal minimum age for employment varies from 12 to 18 depending on the type of job, the job conditions, and the hours per day. Employment must not affect school attendance. A permit from the Labor Ministry is required for persons younger than 18 to work legally. Parents must apply for the permit, and employers must have a permit on file to hire a minor. In September Congress approved legislation that forbids children younger than 18 to be domestic workers.

The Ministry of Labor and the National Labor Inspectorate are responsible for enforcing child labor laws, but enforcement was not effective, especially in the informal sector where most child labor occurred. Penalties were not commensurate with penalties for analogous crimes.

A government report found the prevalence of child labor was 22 percent in 2018; however, 59 percent of households in extreme poverty had a child laborer. In addition there were four times more child laborers in rural areas than in urban areas. Among the population of working children, 57 percent worked in agriculture and 21 percent worked in small-scale or street retail.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on race, skin color, sex, religion, political opinion, national origin, citizenship, social origin, disability, age, language, or social status. The law does not specifically identify discrimination based on sexual orientation, gender identity, HIV-positive status, or other communicable diseases. The law establishes the following employment quotas for persons with disabilities: 3 percent for private businesses with more than 50 employees and 5 percent for public-sector organizations. The law prohibits discrimination against domestic workers and prohibits any requirement by employers for their domestic workers to wear uniforms in public places. The National Council for the Integration of Persons with Disabilities oversees compliance with employment quotas for persons with disabilities. Compliance with quotas varied and enforcement was not always effective.

The government did not effectively enforce the law on discrimination. Penalties were not commensurate to laws related to civil rights, such as election interference. NGO representatives and labor rights advocates noted that discrimination cases often went unreported.

A report by the Ombudsman’s Office found that in 2017, 28 percent of working-age women were not performing paid labor, compared with 10 percent of working-age men.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which was above the official estimate for the poverty income level. The government did not effectively enforce wage laws, and penalties were not commensurate with those for similar crimes, such as fraud.

The law provides for a 48-hour workweek and one day of rest for workers in the formal sector. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 30 calendar days of paid annual vacation. In September, Congress approved legislation that aligns the labor rights of domestic workers with the rights of regular, formal-sector workers. The new law replaces previous laws that granted diminished rights to domestic workers, such as less vacation time and smaller yearly bonuses. The new law elevates the minimum age to perform domestic service jobs to 18.

Noncompliance with labor law is punishable by fines. Penalties were not commensurate with those for similar crimes, such as fraud. According to a labor NGO and labor experts, many fines went uncollected, in part because the government lacked an efficient tracking system and at times lacked political will. Labor inspectors have the authority to make unannounced inspections and initiate sanctions.

The law has fines and criminal sanctions for occupational safety and health (OSH) violations. The government did not effectively enforce OSH laws, and penalties for these violations were not commensurate with penalties for analogous crimes such as negligence. The number of labor inspectors was not sufficient to enforce compliance. Criminal penalties are limited to cases where employers deliberately violated OSH laws, and where labor authorities had previously and repeatedly notified employers who subsequently did not adopt corrective measures. The law requires workers to prove an employer’s culpability before they can obtain compensation for work-related injuries.

In January a tanker truck transporting liquefied petroleum gas exploded in Lima, killing two and injuring dozens. Observers said the event was caused by a lack of enforcement of security and safety standards. In late June another explosion took place in an industrial complex in Arequipa where inspectors were testing a boiler, resulting in three dead workers and two injured.

During the COVID-19 pandemic, many retail workers expressed concerns regarding inadequate health and safety protections, saying employers gave them only one mask per week. More than 20 workers alleged they were unjustly dismissed after asking for better protection against COVID-19.

Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, approximately 70 percent of the total labor force, received less than the minimum wage. Most informal workers were self-employed. Nearly 90 percent of Venezuelan migrant workers were in the informal sector, most of them in suboptimal conditions and earning less than the minimum wage due to their lack of proper documentation and inability to validate their academic credentials.

Portugal

Executive Summary

Portugal, which includes the archipelagos of the Azores and Madeira, is a constitutional semipresidential representative democracy with a president, prime minister, and parliament elected in multiparty elections. Observers considered the national legislative elections in October 2019 to be free and fair.

The Ministries of Internal Administration and Justice have primary responsibility for internal security. The Ministry of Internal Administration oversees the Foreigners and Borders Service, Public Security Police, and Republican National Guard. The Foreigners and Borders Service has jurisdiction over immigration and border issues, the Public Security Police has jurisdiction in cities, and the Republican National Guard has jurisdiction in rural areas. The Judiciary Police is responsible for criminal investigations and reports to the Ministry of Justice. Civilian authorities maintained effective control over the security forces. Members of the security forces committed some abuses.

There were some reports of significant human rights abuses during the year: an incident in which a person was killed by Foreigners and Borders Service officers; overcrowding and other problems in prisons; corruption; and domestic violence, child abuse, and acts of violence against members of minority groups.

The government had mechanisms in place to identify and punish officials who may commit human rights abuses.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were reports of corruption in the executive and legislative branches of the central government during the year.

Corruption: Media reported corruption involving central and local government officials.

On September 18, the Public Ministry charged 17 defendants for the practice of passive and active corruption, receipt of undue advantage, abuse of power, abuse of functions, falsification of documents, fiscal fraud, and money laundering. Among the accused were Rui Rangel, a former judge of the Lisbon Court of Appeals; Luis Vaz das Neves, the former president of Lisbon’s Court of Appeals; and Luis Filipe Vieira, president of Benfica soccer club. The case, titled Operation Lex, had been under investigation for four years.

On September 25, the Sintra Court convicted 23 military personnel and 14 civilian business owners of corruption in a scheme of inflating food orders and overcharging Air Force mess halls. The convicted included an Air Force major general, colonel, lieutenant colonel, major, and five sergeants. An anonymous complaint triggered the massive joint investigation by the Judicial Police and Military Judicial Police. Operation Zeus involved 46 individuals suspected of inflating food orders and overcharging Air Force mess halls, causing losses to the state estimated at 1.7 million euros (two million dollars) between 2011 and 2016. The crimes included active and passive corruption, bribery, and document forgery. Sentences varied from the application of fines to six years in prison.

Financial Disclosure: The law requires appointed and elected officials to disclose their income and assets. The law also mandates the Constitutional Court to monitor and verify disclosures. The court’s declarations are available to the public. The criminal penalties for noncompliance are up to five years’ incarceration or a fine equivalent to 600 days of the person’s income. Administrative sanctions include removal from office.

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

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

Government Human Rights Bodies: The country has an independent human rights ombudsman appointed by parliament who is responsible for defending the human rights, freedom, and legal rights of all citizens. The Ombudsman’s Office operated independently and with the cooperation of the government.

The ombudsman had adequate resources and published mandatory annual reports, as well as special reports on problems such as women’s rights, prisons, health, and the rights of children and senior citizens.

Parliament’s First Committee for Constitutional Issues, Rights, Liberties, and Privileges oversees human rights problems. It drafts and submits bills and petitions for parliamentary approval.

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

Women

Rape and Domestic Violence: The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment. The government generally enforced the law when the victim chose to press charges and if the cases were not settled out of court through mediation. The law provides for criminal penalties of up to 10 years’ imprisonment in cases of domestic violence by a spouse or by a person other than the spouse. The judicial system prosecuted persons accused of abusing women.

Violence against women, including domestic violence, continued to be a problem. According to preliminary data from NGOs and media reports, in the first six months of the year, there were 16 deaths related to domestic violence. On March 7, declared a Day of Mourning for Domestic Violence Victims, buildings across the country flew flags at half-mast, and both parliament and the cabinet ministers observed a minute of silence in honor of domestic violence victims. The government called a day of mourning to rouse society to fight against domestic violence, after activists took to the streets in previous weeks calling for more government action and protesting against a number of lenient court decisions against attackers. The reinforced focus on domestic violence arose in 2017 after a Porto court upheld a reduced sentence for a woman’s attacker on the grounds that the husband was motivated by the victim’s “disloyalty and sexual immorality.” Human rights groups called the verdict a “reflection of a culture and justice that promotes misogyny.”

The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 28 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a crime punishable under the law. The State Secretariat for Citizenship and Equality reported that some immigrant communities practiced FGM/C on young girls, particularly among Bissau-Guinean immigrants. According to the Healthy Practices Project, established by the government in 2018 to prevent and combat FGM/C, the country flagged 63 cases of possible female genital mutilation in 2018, although since the beginning of FGM statistics in 2014 there had been only three FGM/C cases confirmed in the country. In 2019, 129 FGM/C cases were flagged. Although flagged cases more than doubled from 2018 to 2019, State Secretary for Citizenship and Equality Rosa Monteiro considered this a positive development, since it pointed to greater vigilance and diagnostic capacity of the country’s health professionals. The National Observatory of Violence and Gender estimated in 2015 that more than 6,500 women older than age 15 had been victims of FGM/C and 1,830 girls younger than 15 may have been victims or were at risk of becoming victims.

In July the Public Ministry accused a mother of subjecting her two-year-old daughter to FGM/C. Although the crime was committed in early 2019, the accused was free awaiting trial. The Attorney General’s Office stated that this was “the first indictment for female genital mutilation in the country” and was therefore “the first case of FGM to be brought to court.” Observers reported, however, that in 2019 the Public Ministry opened seven cases of FGM: in addition to the aforementioned case, five cases had been closed and another was under investigation.

On December 17, the Public Prosecutor’s office requested an effective prison sentence for Rugui Djalo, the first defendant to be brought to trial in the country for the crime of female genital mutilation. At a hearing in the court of Sintra, the public prosecutor justified the request on the basis that the defendant, a Bissau-Guinean citizen resident in Portugal, “knew and consented to what was done” to her three-year-old daughter during a three-month stay in Guinea-Bissau. In the final allegations, the prosecutor justified the request for an effective prison sentence–even though the defendant, age 20, had no criminal record–with the “extreme gravity” of the crime, “human rights violation” for which “zero tolerance” is imposed. The reading of the sentence was scheduled for January 8, 2021.

Sexual Harassment: Sexual harassment is a crime, with penalties ranging from one to eight years in prison. If perpetrated by a superior in the workplace, the penalty is up to two years in prison, or more in cases of “aggravated coercion.”

The Commission on Equality in the Workplace and in Employment, composed of representatives of the government, employers’ organizations, and labor unions, examines, but does not adjudicate, complaints of sexual harassment. In 2019 the NGO Association for Victim Support received reports of 25 cases of sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence. The government, through the National Health Service, provides access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution and the law provide women full legal equality with men, and the government enforced the law.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Authorities registered all births immediately.

Child Abuse: Child abuse was a problem. The Association for Victim Support reported 760 crimes against children younger than 18 in 2019. According to the 2018 Annual Internal Security Report (but not in the 2019 report), Romani parents exploited minor children in labor trafficking through forced street begging. A child-abuse database was accessible to law enforcement and child protection services. The government prohibits convicted child abusers from work or volunteer activities involving contact with children. It also carried out awareness campaigns against child abuse and sexual exploitation.

Child, Early, and Forced Marriage: The minimum age for marriage is 18 for women and men, but both sexes may marry at 16 with the consent of both parents exercising parental authority, or a guardian, or, in default of the latter, a court decision.

Sexual Exploitation of Children: Statutory rape is a crime with penalties ranging up to 10 years in prison, and authorities enforced the law. The minimum age for legal consensual sex is 16. The law prohibits child pornography. Penalties range up to eight years in prison.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Anti-Semitism

Estimates placed the Jewish population at 3,000 to 4,000 persons. There were no reports of violent anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law effectively. The law mandates access to public buildings, information, and communication for persons with disabilities, but no legislation covers private businesses or other facilities. Children with disabilities attended school through secondary education at the same rate as other children, together with their nondisabled peers.

Members of National/Racial/Ethnic Minority Groups

The Commission for Equality and Against Racial Discrimination (CICDR) is the dedicated body to combat racial discrimination. Its mission under law is to prevent and prohibit racial discrimination and to penalize actions that result in the violation of fundamental rights or in the refusal or constraint of the exercise of economic, social, or cultural rights by any person based on race, ethnic origin, color, nationality, ancestry, or territory of origin. According to its annual report, the CICDR received 436 complaints of discrimination in 2019, an increase of nearly 26 percent from 2018, including a finding of racism against a presidential candidate (who denied wrongdoing). The CICDR explained that the increase might have been due to the global Black Lives Matter movement, which led to greater awareness of racial and ethnic discrimination issues and improved understanding of the legal mechanisms available to victims.

The media reported several race-related crimes. On July 25, actor Bruno Cande Marques was killed. Cande was born in Lisbon, while his family is originally from Guinea-Bissau. Police arrested the suspect and handed the case over to the Judiciary Police, who determined the crime was not motivated by racism. The victim’s family, however, considered the death “premeditated and racist.” The family stated Cande had received death threats and racist insults from the suspect three days before the crime. SOS Racismo, a nongovernmental organization supporting antiracism work, condemned the killing and called it a hate crime.

One human rights defender received death threats, which resulted in him leaving the country for one month. When he returned, the government provided him with police protection.

The government estimated the Romani population to be between 40,000 and 50,000 persons. A large number of Roma continued to live in encampments consisting of barracks, shacks, or tents. Many settlements were in areas isolated from the rest of the population and often lacked basic infrastructure, such as access to drinking water, electricity, or waste-disposal facilities. Some localities constructed walls around Romani settlements. Media reports of police harassment, misconduct, and abuses against Roma continued.

In some localities the government provided integration and access to services for the Roma, including vaccination campaigns, monitoring of prenatal care, scholarship programs, assistance in finding employment, and a mediation program staffed by ethnic Romani mediators in the Office of the High Commission for Immigration and Intercultural Dialogue.

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

The constitution and the law prohibit discrimination based on sexual orientation and gender identity.

A 2018 gender identity law allows transgender adults to update their names and gender markers in the civil registry to reflect their gender identities without having to submit a medical certificate. Transgender minors ages 16 and 17 are also able to update their names and gender markers in the civil registry to reflect their gender identities, but they must present a clinical report.

In August 2019 the government issued a directive that allows children to make choices that correspond with their gender identity, including choosing a bathroom, wearing a girl’s or boy’s school uniform, or using a new gender name. The directive sets out administrative procedures stemming from the law that seeks to eliminate discrimination against transgender persons. The measure caused controversy among parents of school-age children, and disapproving opposition politicians called for the Constitutional Court to intervene.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. The government effectively enforced applicable laws, and penalties were commensurate with those for other laws involving denial of civil rights, such as discrimination. While the law provides for freedom of association and collective bargaining, several restrictions limit these rights. The rights of police officers and members of the armed forces are limited. The Judiciary Police, the Foreigners and Borders Service, and prison guards may strike; the Public Security Police and the Republican National Guard may not. If a long strike occurs in a sector deemed essential, such as justice, health, energy, or transportation, the government may order strikers back to work for a specified period. Unions considered the list of essential sectors to be overly broad. Unions reported that compulsory conciliation and arbitration as prerequisites to strikes, restrictions on the scope of strikes, and restrictions on the types of strike actions permitted could limit the effectiveness of strikes.

The law requires unions to represent at least 50 percent of workers in a sector for collective bargaining units to be extended beyond the enterprise level. Public-sector employee unions have the right to discuss and consult with their employers on conditions of work, but they do not have the right to negotiate binding contracts. There remained a lack of clarity regarding criteria for union representation in the Permanent Commission for Social Partnerships, a tripartite advisory body. The law names specific unions, rather than giving participation rights to the most representative unions.

The government was generally effective in enforcing these laws. Resources, including inspections and remediation, were adequate. Penalties for violations range from fines to imprisonment and were commensurate with those for other laws involving denials of civil rights, such as discrimination. Administrative and judicial procedures were subject to lengthy delays or appeals.

Authorities generally respected freedom of association and the right to collective bargaining. Worker organizations could generally operate free from government interference. Requirements for enterprise-level bargaining by work councils sometimes prevented local union representatives from bargaining directly on behalf of workers. There were instances of employers undermining strikes using last-minute minimum-service requirements. According to labor union representatives, some workers received threats that union participation would result in negative performance reviews. In September 2019 cabin crew at Ryanair airline went on strike to protest exploitation through low wages and job insecurity, and the company threatened workers with a freeze of career prospects. The government decreed that minimum services were required during the stoppage, which the union considered an attempt to eliminate the right to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. The government effectively enforced the law, but penalties were not commensurate with those for other serious crimes. The law places responsibility for complying with legal provisions on temporary employment agencies and employers of temporary workers. It provides that the contractor and the developer, company, or farm, as well as the respective managers, administrators, or directors, and companies with which they are connected are jointly liable for violations of the legal provisions relating to the health and safety of temporary workers and are responsible for entitlements, social security contributions, and the payment of the respective fines. Civil society, however, noted a need to strengthen monitoring and regulation of temporary employment and recruitment agencies, especially those employing and recruiting domestic workers. The government did not report investigating or prosecuting any labor recruitment agencies for fraudulent recruitment or trafficking.

Government resources dedicated to prevention of forced labor, including inspections and remediation, and enforcement of the law remained inadequate. Penalties ranging from three to 15 years’ imprisonment were sufficient to deter violations, and convictions remained low. Convicted offenders frequently avoided imprisonment, undercutting enforcement efforts and victim protections, according to NGOs and media. Government efforts to prevent and eliminate forced labor during the year included a countrywide awareness campaign and training security forces to identify, flag, and direct victims to assistance services. In 2019 courts convicted and sentenced three traffickers (a couple for sex trafficking of Brazilian women, and a Nigerian trafficker), compared with 25 convictions in 2018 (17 sex trafficking and eight forced labor).

According to the Portuguese Observatory on Trafficking in Human Beings, foreign labor trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service.

Traffickers subjected children to forced labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The statutory minimum age for employment is 16. The law prohibits the employment of persons younger than 18 at night, for overtime work, or in sectors considered hazardous. The Working Conditions Authority (ACT) in the Ministry of Solidarity, Employment, and Social Security has primary responsibility for enforcement of the minimum age law and enforced it effectively in major industries and the service sector. The government effectively enforced the applicable laws and penalties were commensurate with those for other serious crimes. Resources and inspections were adequate.

Child labor occurred in very limited cases. Children of Romani descent were subjected to labor trafficking through forced begging and forced criminality by coercing them to commit property crimes (also see section 6, Children). Sub-Saharan trafficking networks increasingly used the country as a route into the Schengen area to exploit children in sex trafficking and forced labor.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation, and the government effectively enforced these laws. Penalties were commensurate with laws related to civil rights, such as election interference.

The law requires equal pay for equal work. According to the Ministry of Solidarity, Employment, and Social Security, however, women’s average salaries were approximately 14.4 percent lower than those of men. On January 16, the government announced the “Equality Platform and Standard,” a government project to combat inequalities between women and men in the workplace.

e. Acceptable Conditions of Work

The minimum wage covers full-time workers, rural workers, and domestic employees who are at least 18 years of age and is above the poverty income level.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. The maximum is two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government noted were designed to make working hours more flexible and increase productivity. Occupational safety and health standards set by ACT were current and appropriate.

Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, which was above the poverty level, and also for hours of work and safety standards in the formal sector, and it effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences, were commensurate with those for similar crimes, and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where there was a large number of small or family businesses and where most immigrant workers were employed, according to NGOs. The government effectively enforced occupational safety and health (OSH) laws, and penalties for violations of OSH laws were commensurate with those for crimes such as negligence. ACT reported 83 deaths from work-related accidents in 2019, a decrease of 37 percent from 2018. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Romania

Executive Summary

Romania is a constitutional republic with a democratic, multiparty parliamentary system. The bicameral parliament consists of the Senate and the Chamber of Deputies, both elected by popular vote. Observers considered local elections held on September 27 and parliamentary elections held on December 6 to have been generally free and fair and without significant irregularities.

The Ministry of Internal Affairs is responsible for the General Inspectorate of the Romanian Police, the gendarmerie, border police, the General Directorate for Internal Protection, and the Directorate General for Anticorruption. The General Directorate for Internal Protection has responsibility for intelligence gathering, counterintelligence, and preventing and combatting vulnerabilities and risks that could seriously disrupt public order or target Ministry of Internal Affairs operations. The minister of interior appoints the head of the directorate. The Romanian Intelligence Service, the domestic security agency, investigates terrorism and national security threats. The president nominates and the parliament confirms the service’s director. Civilian authorities maintained effective control over the intelligence service and the security agencies that reported to the Ministry of Internal Affairs. Members of the security forces committed some abuses.

Significant human rights issues included: cases of cruel, inhuman, or degrading treatment or punishment by the government; widespread official corruption; lack of investigation and accountability for violence against women and girls; and crimes of violence targeting institutionalized persons with disabilities and members of ethnic minority groups.

The judiciary took steps to prosecute and punish officials who committed abuses, but authorities did not have effective mechanisms to do so and delayed proceedings involving alleged police abuse and corruption, with the result that many of the cases ended in acquittals. Impunity for perpetrators of some human rights abuses was a continuing problem.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. Nevertheless, corrupt practices remained widespread despite several high-profile prosecutions. There were numerous reports of government corruption during the year.

According to expert opinion, corruption remained a problem. Bribery was common in the public sector. Laws were not always implemented effectively, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The DNA continued to investigate and prosecute corruption cases involving political and administrative officials throughout the year. In April the DNA indicted former PSD Health Minister and hospital manager Sorina Pintea for taking bribes.

Verdicts in corruption cases were often inconsistent, with sentences varying widely for similar offenses. Enforcement of court procedures lagged mostly due to procedural and administrative problems, especially with respect to asset forfeiture.

Corruption was widespread in public procurement. A 2016 law provides for a comprehensive software mechanism to flag potential conflicts of interest in public procurement. Bribery was common in the public sector, especially in health care. Individual executive agencies were slow in enforcing sanctions, and agencies’ own inspection bodies were generally inactive. During the COVID-19 pandemic, the DNA launched several investigations into procurement fraud related to purchasing personal protective equipment and ventilators. These investigations continued.

Financial Disclosure: The law empowers the National Integrity Agency (ANI) to administer and audit financial disclosure statements for all public officials and to monitor conflicts of interest. The law stipulates that the agency may identify “significant discrepancies” between an official’s income and assets, defined as more than 45,000 lei ($10,600), and allows for seizure and forfeiture of unjustified assets. The mechanism for confiscation of “unjustified assets” was cumbersome. Through September 18, ANI identified four cases of “significant discrepancies” totaling 3 million lei ($707,000). Through September 18, ANI identified 58 cases of incompatibilities, 19 cases of conflicts of interest, and eight cases with strong indications of criminal or corruption offenses. During the year ANI reviewed 13,268 public procurement procedures and issued seven integrity warnings.

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

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

In March 2019 the National Center for Mental Health and Antidrug Fight, a governmental agency overseen by the Ministry of Health, revoked an authorization allowing the Center for Legal Resources (CLR) to visit psychiatric wards. As of November, the CLR was not allowed visits to psychiatric wards. The CLR is an NGO that reports on alleged abuse of institutionalized persons with disabilities.

Government Human Rights Bodies: The Office of the Ombudsperson has limited power and no authority to protect citizens’ constitutional rights in cases requiring judicial action. The ombudsperson is the national preventive mechanism implementing the optional protocol to the UN Convention against Torture. This gives the ombudsperson the power to conduct monitoring visits to places where individuals are deprived of their liberty, including prisons, psychiatric hospitals, and asylum centers. As of September the ombudsperson issued 164 recommendations to penitentiaries, schools, local governments, and governmental agencies.

In 2017, the government established the Office of the Children’s Ombudsperson empowered to examine human rights complaints made by children or their legal representatives. In 2016, parliament established the Council for Monitoring the Implementation of the Convention on the Rights of Persons with Disabilities. The council was authorized to make unannounced visits in centers and hospitals for persons with disabilities to check if the rights of these persons were respected, issue recommendations, and submit criminal complaints. As of September the council had issued five reports during the year with recommendations based on visits to residential centers for persons with disabilities, including improved training for staff and facility renovations. Observers reported the council’s recommendations and reports were inaccurate and noted that conditions had not improved. Human rights activists and media regarded the institution as ineffective and believed that the inspectors who drafted the reports lacked the necessary human rights expertise.

Each chamber of parliament has a human rights committee tasked with drafting reports on bills pertaining to human rights.

The National Council for Combating Discrimination (CNCD) is the government agency responsible for applying domestic and EU antidiscrimination laws. The CNCD reports to parliament. The CNCD operated with the government’s cooperation and, for the most part, without government or party interference. Observers generally regarded the CNCD as effective, but some criticized it for a lack of efficiency and political independence.

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal. The law provides for five to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault. If there are no aggravating circumstances and the attack did not lead to death, police and prosecutors may not pursue a case on their own, but they require a victim’s complaint, even if there is independent physical evidence.

The law classifies family violence as a separate offense and stipulates that when murder, battery, or other serious violence is committed against a family member, the penalty is increased. The law also states that, if the parties reconcile, criminal liability is removed. Amendments to the law on equal opportunities for men and women passed during the year include cyberviolence among the forms of domestic violence and defines it as the occurrence of online harassment, online messages that incite to hate based on gender criteria, or the nonconsensual publication of private graphic content that aim to humiliate, scare, threaten or reduce victims to silence. The FILIA Center for Gender Studies and Curriculum Development–an NGO that aims to promote gender equality–stated that there were no regulations to implement these amendments.

Violence against women, including spousal abuse, continued to be a serious problem that the government did not effectively address. The law provides for the issuance of provisional restraining orders by police for a maximum of five days and restraining orders by a court for a maximum of six months upon the victim’s request or at the request of a prosecutor, the state representative in charge of protecting victims of family violence, or, if the victim agrees, a social service provider. Violation of a restraining order is punishable by imprisonment for six months to five years, but the FILIA center stated that some judges may issue lesser sentences because of overlapping legislation. The court may also order an abuser to undergo psychological counselling. The FILIA Center stated that police lacked procedures for the implementation and monitoring of restraining orders.

In February, a man under a restraining order killed his wife in the town of Chitila. According to the FILIA Center, the man had violated the restraining order multiple times, a fact which police were aware of, and the woman had asked social services to provide her a secure place to live in order to prevent her husband from contacting her. Regulations authorize local governments to establish emergency mobile intervention teams that assist victims of domestic violence. Observers stated that teams lacked training and funding and were often ineffective. The FILIA Center conducted a study that revealed that most local governments of cities and villages in Bacau County did not fund any social services for victims of domestic violence, a situation that was common throughout the country.

Several human rights activists reported that some police officers tried to dissuade victims of rape from pressing charges against their aggressors and, in some cases, refused to register criminal complaints submitted by victims. In some instances, police delayed action against sexual abusers. E-Romnja, an NGO that works to advance the rights of Romani women, stated police often discouraged Romani women and girls from filing complaints. E-Romnja described the case of a 14-year-old girl who reported a rape to police in April and continued to report the case for six months. Police opened an investigation but did not question the suspect and failed to protect the victim from repeated harassment by the suspect and his family. Following several interventions from the victim’s lawyer and E-Romnja, police forwarded the case to the Prosecutor’s Office and the suspect was placed in pretrial detention in September.

Courts prosecuted very few cases of domestic abuse. Many cases were resolved before or during trial when the alleged victims dropped their charges or reconciled with the alleged abuser.

Sexual Harassment: Criminal law prohibits sexual harassment, which it defines as repeatedly asking for sexual favors in a work or similar relationship. A victim’s complaint is necessary to initiate a criminal investigation. Penalties range from fines to imprisonment of three months to one year. The law on equal opportunities for men and women defines sexual harassment as the occurrence of unwanted behavior with a sexual connotation, which can be expressed physically, verbally, or nonverbally and has the effect or result of damaging a person’s dignity and, in particular, the creation of a hostile, intimidating, degrading, humiliating, or offensive environment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children, but some individuals did not have access to the information and means to do so. According to several NGOs and observers, there were infrastructure and information barriers to an individual’s ability to maintain his or her reproductive health, including the lack of community health care and age-appropriate sex education for adolescents. Some women, especially those from poor, rural, or Romani communities, had difficulty accessing reproductive health services due to a lack of information, ethnic discrimination, and poverty.

Access to government-funded contraception and family planning services was limited because of insufficient funding and training for health professionals. According to the World Health Organization, as of 2020, 71.8 percent of women of reproductive age had their need for family planning satisfied by modern methods of contraception.

Observers reported that throughout the COVID-19 pandemic, some maternity hospitals were open only for patients infected with COVID-19, making access to reproductive and prenatal care more difficult. Although home birth is not prohibited by law, regulations forbid health professionals from providing home birth services. According to UNICEF, skilled health personnel attended 94.8 percent of deliveries in 2018.

The government provided access to sexual and reproductive health services to survivors of sexual violence, but some women had difficulties accessing these services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Under the law women and men enjoy equal rights. Women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. The law requires equal pay for equal work, but there was a 3.5-percent gender pay gap according to EU data. Segregation by profession existed, with women overrepresented in lower-paying jobs. There were reports of discrimination in employment. Women experienced discrimination in access to pension benefits and retirement (see section 7.d.).

Children

Birth Registration: Children derive citizenship by birth from at least one citizen parent. Although birth registration is mandatory by law, it was not universal, and authorities denied some children public services as a result. Most unregistered children had access to schools, and authorities assisted in obtaining birth documents for unregistered children, but the education of unregistered children depended on the decision of school authorities. The law provides simplified birth registration for children whose mothers do not have proper documentation to register their children.

Child Abuse: Child abuse, including emotional, physical, and psychological violence and neglect, continued to be serious problems. Media outlets reported several severe cases of abuse or neglect in family homes, foster care, and child welfare institutions. The government has not established a mechanism to identify and treat abused and neglected children and their families.

Child, Early, and Forced Marriage: The legal age of marriage is 18 for both men and women, but the law permits minors as young as 16 to marry under certain circumstances. Illegal child marriage was reportedly common in certain social groups, particularly among some Romani communities. NGOs reported cases of Romani girls as young as 11 being sold into marriage by their families. Child protection authorities and police did not always intervene in such cases. There were no public policies to discourage child marriage.

Sexual Exploitation of Children: The law provides one- to 12-year prison sentences for persons convicted of sexual acts with minors, depending on the circumstances and the child’s age. Sexual intercourse with a minor who is 14 to 16 years of age is punishable by a one- to five-year prison sentence. Sexual intercourse with a person younger than 14 is punishable by a two- to nine-year prison sentence and deprivation of some rights. The law also criminalizes sexual corruption of minors (which includes subjecting minors to sexual acts other than intercourse or forcing minors to perform such acts), luring minors for sexual purposes or child prostitution, and trafficking in minors. Pimping and pandering that involve minors increases sentences by one-half. The law allows authorities to maintain a registry of individuals who had committed sexual offenses against or exploited adults and children.

Child pornography is a separate offense and carries a sentence, depending on the circumstances, of up to seven years’ imprisonment, which may be increased by one-third if the perpetrator was a family member or someone in whose care the child was entrusted or if the life of the child victim was endangered.

Institutionalized Children: During the year there were several media reports of abuses in placement centers for institutionalized children, including sexual abuse, physical violence by colleagues or staff, and trafficking in persons. Numerous reports noted a lack of adequate food, clothing, medical treatment, and counselling services.

According to media reports and NGOs, in 2018 psychiatrists administered psychotropic drugs to thousands of children in residential institutions or in foster care in order to control their behavior. According to official estimates, one-third of the institutionalized children, including those with disruptive behavior, attention-deficit, or hyperactivity disorder, were under psychotropic medication, but observers believed the number to be much higher.

By law unaccompanied migrant children are held in placement centers, where they have access to education and benefits other children receive. The detention of families with children is allowed by law, with preservation of family unity used as justification. Several such cases were recorded during the year.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

According to the 2011 census, the Jewish population numbered 3,271. Representatives of the Jewish community stated that according to their estimates, the Jewish population numbered approximately 7,000. Acts of anti-Semitism occurred during the year.

The law prohibits public denial of the Holocaust and fascist, racist, anti-Semitic, and xenophobic language and symbols, including organizations and symbols associated with the indigenous Legionnaire interwar fascist movement. The oppression of Roma as well as Jews is included in the definition of the Holocaust.

Streets, organizations, schools, or libraries continued to be named after persons convicted for war crimes or crimes against humanity, according to the Elie Wiesel Institute for the Study of the Holocaust in Romania. For example, Radu Gyr was a commander and anti-Semitic ideologist of the fascist Legionnaire movement convicted of war crimes. The Wiesel Institute requested the renaming of Radu Gyr Street in Cluj-Napoca. As of September, the local government had not changed the name of the street.

Material promoting anti-Semitic views and glorifying legionnaires appeared on the internet. According to a study released by the Wiesel Institute in May, several articles published online claimed that Jews or the state of Israel were responsible for the COVID-19 outbreak and were profiting from the health crisis.

In September media reported a case of anti-Semitic messages painted on the fence belonging to the relative of a mayoral candidate from the village of Dornesti in Suceava County. The messages included the candidate’s name, a swastika, and the Romanian equivalent of the ethnic slur ‘kike’.

In April 2019 media outlets reported a case of vandalism at a Jewish cemetery in Husi, where unknown individuals destroyed dozens of headstones. Law enforcement officials identified three suspects, and as of September the investigation was pending.

Romania introduced mandatory Holocaust education in 1998 and additional courses are sometimes offered. The high school course History of the JewsThe Holocaust was optional. During the 2019-20 school year, 3,209 pupils took the course.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not fully implement the law, and discrimination against persons with disabilities remained a problem.

The law mandates that buildings and public transportation be accessible for persons with disabilities, however, streets, buildings, and public transportation remain largely inaccessible. Persons with disabilities reported a lack of access ramps, accessible public transportation, and accessible toilets in major buildings.

Discrimination against children with disabilities in education was a widespread problem due to lack of adequate teacher training on inclusion of children with disabilities and lack of investment to make schools accessible. Most children with disabilities were either placed in separate schools or not placed in school at all. According to a report released by Save the Children Romania and the Ombudsperson in 2019, only 30 percent of schools had access ramps for persons with motor disabilities and only 15 percent of schools had accessible toilets.

The CLR identified a series of problems in centers for persons with disabilities or psychiatric sections, including verbal and physical abuse of children and adults, sedation, excessive use of physical restraints, lack of hygiene, inadequate living conditions, and lack of adequate medical care. In February the CLR released the conclusions of a visit made at a residential center for persons with disabilities located in the city of Husi, Vaslui County. According to the CLR, there were reasonable suspicions that the residents of the center were subjected to physical punishment and verbal abuse. The NGO also discovered unsanitary living conditions, overcrowding, and lack of basic personal hygiene products. According to the MFA, following a report published by CLR, the Prosecutor’s Office attached to the High Court of Cassation and Justice requested the Prosecutor’s Office attached to the Huși First Instance Court to examine the alleged abuses in order to establish whether there are elements that would warrant a criminal investigation concerning the conditions in the residential center.

The National Authority for the Rights of Persons with Disabilities, Children and Adoptions under the Labor Ministry coordinated services for persons with disabilities and drafted policies, strategies, and standards in the field of disabilities rights. The National Authority notified authorities about several alleged abuses against persons with disabilities interned in residential centers. In January the National Authority’s Director, Madalina Turza, announced it had notified prosecutors about the case of a resident of a center in Prahova County who, according to the center’s staff, accidentally fell and suffered head injuries. The staff did not call the ambulance right away and sent the person to the hospital only two days after the alleged accident. Doctors found evidence of repeated brain injuries and performed a surgery. One month after the surgery, the person was sent back to the center while in a coma where another resident allegedly unintentionally removed a medical tube attached to the patient. The center’s staff called an ambulance but several days later the patient died.

Members of National/Racial/Ethnic Minority Groups

Discrimination against Roma continued to be a problem. Romani groups complained that there were instances of police harassment and brutality, including beatings. Both domestic and international media and observers reported societal discrimination against Roma. NGOs reported Roma were denied access to, or refused service in, some public places. Roma also experienced poor access to government services, a shortage of employment opportunities, high rates of school attrition, and inadequate health care. A lack of identity documents excluded many Roma from participating in elections, receiving social benefits, accessing health insurance, securing property documents, and participating in the labor market. According to the Ministry of Interior, 177,816 persons older than age 14 did not have valid identity documents. Romani rights activists reported that most of these persons were Roma who cannot acquire legal identity documents because they resided in informal settlements and housing. Roma had a higher unemployment rate and a lower life expectancy than non-Roma. Negative stereotypes and discriminatory language regarding Roma were widespread.

In July the “Impreuna” Agency for Community Development released the results of a poll that showed seven in 10 residents of the country do not trust Roma and that 41 percent of respondents did not accept the idea of living in the same city or village with Roma. In March and April, several local government officials publicly claimed cited Roma in particular spread COVID-19, stoking anti-Romani sentiment. Throughout March and April, media outlets regularly alleged that Roma disobeyed COVID-19 stay-at-home measures. News stories specifically highlighting Romani migrants returning to the country from Italy and Spain, countries with high rates of COVID-19 infection, also circulated in local media outlets and social media, often suggesting they might be carriers of COVID-19.

Despite an order by the Ministry of Education forbidding segregation of Romani students, several NGOs continued to report that segregation along ethnic lines persisted in schools.

Researchers and activists reported a significant number of the remaining Romani Holocaust survivors who applied for a pension were denied because of unreasonable administrative barriers raised by the pension offices, problematic standards, lack of knowledge about the Holocaust and Roma, and burdensome requirements. According to researchers, despite historical evidence, in hundreds of cases authorities considered that Roma were resettled and not deported, and consequently granted them smaller pensions.

In April 2019 the driver of a minibus operated by a transportation company in the city of Zalau denied a Romani woman and her two children access to the vehicle and hit her repeatedly with a wooden stick. After she called the 112 emergency line to report the incident, the operator insulted the victim and used racial slurs against her. According to Romani CRISS, the attack was racially motivated. The Civic Union of Young Roma from Romania reported that prosecutors indicted the driver for abusive behavior and the Romani woman for public disturbance. The NGO reported that the indictment against the woman was abusive because her screams were a result of the driver’s violent behavior. As of November the case was pending before the Zalau court.

Ethnic Hungarians continued to report discrimination related mainly to the use of the Hungarian language. Ethnic Hungarians reported that the government did not enforce the law that states that ethnic minorities are entitled to interact with local governments in their native language in localities where a minority constitutes at least 20 percent of the population. There were continued reports that local authorities did not enforce the law that states that in localities where a minority constitutes at least 20 percent of the population, road signs must be bilingual.

The Democratic Alliance of Hungarians in Romania reported that in a legal dispute between separated parents over their child’s language of schooling, the Cluj-Napoca Court decided in June that the child, who has a mixed Romanian-Hungarian ethnicity, should be schooled at the kindergarten in Romanian, contrary to the will of the child’s ethnic Hungarian mother. According to the court, an insufficient knowledge of Romanian would damage the child’s ability to perform well once they become a university student considering that most universities in the country offer study programs in Romanian. According to the Department for Interethnic Relations, throughout the March 16-May 14 state of emergency, the government provided Hungarian translations of the state of emergency regulations related to the COVID-19 outbreak with a delay. In several counties with a significant ethnic Hungarian population, government agencies such as public health directorates or police inspectorates did not provide information on COVID-19-related measures and precautions in Hungarian. The Miko Imre Legal Service reported that during a soccer match in March that took place in the city of Ploiesti, supporters of the home team shouted offensive words against the rival team Sepsi OSK, which is based in the ethnic-Hungarian majority city of Sfantu Gheorghe. Supporters chanted “Hungarians out of the country!” and threw objects at some of the Sepsi OSK players, which caused the referee to suspend the match for 10 minutes. In February unknown persons painted the Romanian flag over the Hungarian name of Baia Mare city that was displayed on several welcome signs.

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

The law prohibits discrimination based on sexual orientation. NGOs reported that societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was common, and there were some reports of violence against them. On some occasions police condoned violence against LGBTI persons. The NGO ACCEPT reported that in 2019 a person living near their headquarters continuously verbally harassed LGBTI persons who visited the NGO and its employees, and destroyed the property of a transgender woman. In June 2019 ACCEPT submitted a criminal complaint, but as of November, police had not taken any measures. ACCEPT reported that in the meantime the harassment stopped after the perpetrator moved out.

A survey carried out by the EU’s Fundamental Rights Agency reported revealed that 15 percent of respondents experienced a physical or sexual attack motivated by the victim’s sexual orientation or gender identity during the past five years. Out of respondents who described the most recent physical or sexual attack, only 4 percent reported the incidents to authorities because they are LGBTI. As many as 28 percent of respondents indicated fear of a homophobic reaction, transphobic reaction, or both from police as the reason for not reporting a physical or sexual attack.

The law governing legal gender recognition for transgender persons was vague and incomplete. In some cases, authorities refused legal gender recognition unless an individual had first undergone sex reassignment surgery. Access to adequate psychological services was also limited because some psychologists refused to accept transgender patients.

HIV and AIDS Social Stigma

Although the law provides that HIV-infected persons have the right to confidentiality and adequate treatment, authorities rarely enforced it. Authorities did not adopt regulations that were necessary to provide confidentiality and fair treatment, and discrimination against persons with HIV/AIDS impeded their access to routine medical and dental care.

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 labor unions, bargain collectively, and conduct legal strikes. Unions can affiliate with regional, national, or EU union federations, but they may affiliate with only one national organization. The law prohibits antiunion discrimination and allows workers fired for union activity to challenge their dismissal in court for reinstatement. The law provides for protection of freedom of association and collective bargaining, but unions complained there was little enforcement to protect against violations of these rights.

Civil servants generally have the right to establish and join unions. Employees of the Ministry of National Defense, certain categories of civilian employees of the Ministries of Interior and Justice, judges, prosecutors, intelligence personnel, and senior public servants, including the president, parliamentarians, mayors, prime minister, ministers, employees involved in security-related activities, and president of the Supreme Court, however, do not have the right to unionize. Unions complained about the requirement to submit lists of union members with their registration application. Since employers also had access to the list, union officials feared this could lead to reprisals against individual unionized employees, particularly dismissals, and hinder the formation of new unions.

The law requires employers with more than 21 employees to negotiate a collective labor agreement but provides no basis for national collective labor agreements. Employers refusing to initiate negotiation of a collective bargaining agreement can receive fines. The law permits, but does not impose, collective labor agreements for groups of employers or sectors of activity. The law requires employers to consult with unions on such topics as imposing leave without pay or reducing the workweek due to economic reasons.

Unions may strike only if they give employers 48 hours’ notice, and employers can challenge the right in court, effectively suspending a strike for months. Although not compulsory, unions and employers can seek arbitration and mediation from the Labor Ministry’s Office for Mediation and Arbitration. Unions criticized the Labor Ministry for failing to intervene effectively in cases involving arbitration and mediation efforts.

Companies may claim damages from strike organizers if a court deems a strike illegal. The law permits strikes only in defense of workers’ economic, social, and professional interests and not for the modification or change of a law. As a result, workers may not challenge any condition of work established by law, such as salaries for public servants, limiting the effectiveness of unions in the public sector.

Unions complained that the legal requirement for representativeness, which states that the right to collective bargaining and to strike can be asserted only by a union that represents 50 percent plus one of the workers in an enterprise, was overly burdensome and limited the rights of workers to participate in collective bargaining and to strike. In the absence of this clear majority, an employer can appoint a worker representative of its choosing to negotiate agreements. It is common for companies to create separate legal entities to which they then transfer employees, thereby preventing them from reaching the necessary threshold for representation.

Unions complained about the government’s general prohibition on union engagement in political activities, intended to prevent unofficial agreements to support political parties, due to past abuses by union officials.

Official reports of incidents of antiunion discrimination remained minimal. It is difficult to prove legally that employers laid off employees in retaliation for union activities. The government did not effectively enforce the law, however, penalties were commensurate with those for similar violations when enforcement was successful. The National Council for Combating Discrimination (CNCD) fines employers for antiunion discrimination, although it lacks the power to order reinstatement or other penalties, and employees usually must seek a court order to obtain reinstatement. The law prohibits public authorities, employers, or organizations from interfering, limiting, or preventing unions from organizing, developing internal regulations, and selecting representatives.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Nevertheless, there were reports that such practices continued to occur, often involving Romani, persons with disabilities, and children. The government did not effectively enforce the law and took limited measures to prevent forced or compulsory labor. The law criminalizes forced labor, and penalties for violations were commensurate with those of other serious crimes, such as kidnapping, but were not evenly applied in all sectors.

According to the Ministry of Internal Affairs, 16.5 percent of human trafficking victims officially identified in 2019 were exploited specifically for labor purposes. In June organized crime investigators detained five individuals on charges of modern slavery. The individuals were accused of having kidnapped and detained several persons with a vulnerable background or mental health problems; the victims were used for agricultural work without pay, starved, and forced to live in inadequate farm annexes. This case remained pending as of December.

Men, women, and children were subjected to labor trafficking in agriculture, construction, domestic service, hotels, and manufacturing. Organized rings, often involving family members, forced persons, including significant numbers of Romani women and children, to engage in begging and petty theft (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The minimum age for most forms of employment is 16. Children may work with the consent of parents or guardians at age 15 if the activities do not endanger their health, morality, or safety. The law prohibits persons younger than 18 from working in hazardous conditions, includes a list of dangerous jobs, and specifies penalties for offenders. Some examples of hazardous jobs for children include those posing a high risk of accident or damage to health, exposure to psychological or sexual risk, night shifts, exposure to harmful temperatures, and those requiring use of hazardous equipment. Parents whose children carry out hazardous activities are required to attend parental education programs or counseling and may be fined if they fail to do so.

Minors who work have the right to continue their education, and the law obliges employers to assist in this regard. Minors between the ages of 15 and 18 may work a maximum of six hours per day and no more than 30 hours per week, provided their school attendance is not affected. Businesses that impose tasks incommensurate with minors’ physical abilities or fail to respect restrictions on minors’ working hours can face fines. Many minors reportedly did not attend school while working. Minors have the right to an additional three days of annual leave.

The law requires schools to notify social services immediately if children miss class to work, but schools often did not comply. Social welfare services have the responsibility to reintegrate such children into the educational system.

The Ministry of Labor and Social Protection may impose fines and close businesses where it finds exploitation of child labor. The National Authority for the Protection of the Rights of the Child and Adoption (ANPDCA) in the Labor Ministry has responsibility for investigating reports of child labor abuse, but enforcement of child labor laws tended to be lax, especially in rural areas with many agricultural households and where social welfare services lacked personnel and capacity to address child labor violations. The ANPDCA is responsible for monitoring and coordinating all programs for the prevention and elimination of child labor.

The government did not effectively enforce the law. Resources were inadequate, but penalties were commensurate with those for other serious crimes like kidnapping. Government efforts focused on reacting to reported cases, and ANPDCA dedicates limited resources to prevention programs. According to ANPDCA, 389 children were subject to child labor in 2019 and incidents of child labor are widely believed to be much higher than official statistics. Child labor, including begging, selling trinkets on the street, and washing windshields, remain widespread in Romani communities, especially in urban areas. Children as young as five frequently engaged in such activities but were frequently underreported because official statistics are limited to cases documented by police. Children whose parents worked abroad remain vulnerable to neglect and abuse. Of the 389 documented cases of child labor in 2019, authorities prosecuted alleged perpetrators in 20 cases, while an additional 200 cases remained under investigation at the end of 2019. Between January and June, 115 child labor abuse cases were investigated; out of these, 78 were closed, 52 were still in progress, and criminal investigations were started in three cases.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation because of race, sex, gender, age, religion, disability, language, sexual orientation or gender identity, HIV-positive or other communicable disease status, social status, or refugee or stateless status. The government did not enforce these laws effectively, reacting to claims of discrimination rather than adequately engaging in programs to prevent discrimination. Penalties for violations were in general commensurate with those for other types of discrimination, but were insufficient to deter violations.

Discrimination in employment or occupation occurred with respect to gender, disability, and HIV status. Discrimination against Romani and migrant workers also occurred. The CNCD investigated employment discrimination cases in both the public and private sectors. During the onset of the COVID-19 pandemic, media reported several cases of medical staff being discriminated against by neighbors and denied access to local shops. Following media reports, there was a wave of public support for the medical staff in question.

The law mandates equal remuneration for work of equal value. Eurostat reports the pay gap between men and women in the country was 3 percent in 2018. While the law provides female employees re-entering the workforce after maternity leave the right to return to their previous or a similar job, pregnant women and other women of childbearing age still suffer unacknowledged discrimination in the labor market.

Systemic integration of persons with disabilities does not exist. Public bias against persons with disabilities persisted. NGOs have been working actively to change attitudes and assist persons with disabilities to gain skills and gainful employment, but the government lacks adequate programs to prevent discrimination. The law requires companies or institutions with more than 50 employees to employ workers with disabilities for at least 4 percent of their workforce or pay a fine for lack of compliance, which many companies chose to do. Before this provision was introduced in 2017, the law allowed companies not in compliance with the quota to fulfill their legal obligation by buying products from NGOs or firms, known as “sheltered units,” where large numbers of persons with disabilities were employed. NGOs reported that sheltered units lost an important source of income as a result. On November 9, the government re-established “sheltered” or “protected units”, enterprises that employ at least three persons with disabilities who represent at least 30 percent of the overall staff and contribute at least 50 percent of the cumulated full time work hours. Local labor offices had limited success in facilitating employment for persons with disabilities.

NGOs reported that patients suffering from cancer and tuberculosis faced discrimination in the workplace. In 2019 almost one-third of employees with cancer reported they postponed informing their employer of their illness until after treatment, and 17 percent reported a substantial reduction in job duties and responsibilities upon returning to work. The law supports tuberculosis patients by providing monthly food allowances, medical leave, and psychological support but does not contain measures to protect patients from workplace discrimination.

As authorities allow greater numbers of non-EU citizens to live and work in the country, reports of discrimination against migrant workers have become more prevalent. Local residents in Ditrau commune (Harghita County) protested after a local bakery hired two Sri Lankan employees. The two employees were given other jobs and relocated due to opposition to their presence in the village. Another group of Sri Lankan clothing factory workers was stranded in Bucharest following a COVID-19 outbreak and labor dispute that ended with their employer unilaterally terminating their employment contracts and abandoning the group of workers outside of the main airport in Bucharest, even though there were no flights. To resolve this issue, the Labor Force Agency and the General Inspectorate for Migration signed a joint protocol to allow non-EU workers to find employment elsewhere in Romania if their contracts expire to prevent repeat cases. In another case, the Labor Inspectorate launched an investigation after media reported on poor working conditions and accommodations for Indian construction workers following a COVID-19 outbreak at a building site in Bucharest.

e. Acceptable Conditions of Work

The law provides for a national minimum wage that is greater than the official estimate for the poverty income level and has nearly tripled in nominal terms since 2012. Approximately 42 percent of employees earn the minimum wage according to the labor ministry. Despite minimum wage increases, nearly one in seven employed Romanians remains at risk of poverty.

The law provides for a standard workweek of 40 hours or five days. Workers are entitled to overtime pay for weekend or holiday work or work of more than 40 hours. An employee’s workweek may not exceed 48 hours per week on average over a four-month reference period, although exceptions are allowed for certain sectors or professions. The law requires a 48-hour rest period in the workweek, although most workers received two days off per week. During reductions in workplace activity for economic or technical reasons, the law allows employers to shorten an employee’s workweek and reduce the associated salary.

In response to COVID-19 restrictions, the government extended the category of eligible furlough (technical unemployment) benefits to independently registered businesspersons, lawyers, and individuals with income deriving from copyright and sports activities. Starting in August the government adopted a flexible work plan modeled after Germany’s Kurzarbeit (flexible work) program, applicable until December 31, with the aim of retaining employees on payrolls with joint government and employer contributions. The plan required employers to cover half of full-time wages and the Government of Romania to pay 75 percent of the difference between the gross wage and the basic wage paid to the employee based on the number of hours actually worked. As part of the same package, independent and seasonal workers affected by the epidemic could continue to receive 41.5 percent of the average gross wages for a limited period while day workers and SME employees also would be able to receive separate, limited payments to cover wages and teleworking equipment. Kurzarbeit and technical unemployment support was extended until June 2021.

Excessive overtime may lead to fines for employers if workers file a complaint, but complaints are rare. The law prohibits compulsory overtime. Starting during the year, the law allows for one of two caretakers of children to receive paid days off for periods when schools are closed; the income is capped at maximum 75 percent of the average economy wage.

The law gives employers wide discretion regarding performance-based evaluations of employees. The law permits 90-day probationary periods for new employees and simplifies termination procedures during this period.

The law provides for temporary and seasonal work and sets penalties for work performed without a labor contract in either the formal or the informal economy. In accordance with EU regulations, the maximum duration of a temporary contract is 36 months.

The labor ministry, through the Labor Inspectorate, is responsible for enforcing the law on working conditions, health and safety, hours, and minimum wage rates, but it did not effectively enforce all aspects consistently. Penalties for violations of these laws were commensurate with those of other similar crimes, but were not consistently applied. Labor inspectors have the authority to make unannounced visits and initiate sanctions, but the number of inspectors was insufficient to enforce compliance in all sectors. The construction, agriculture, and small manufacturers sectors were particularly problematic sectors for both labor underreporting and neglecting health and safety standards.

According to trade union reports, many employers paid supplemental salaries under the table to reduce tax burdens for employees and employers alike. To address underreported labor, in 2017 the government increased the minimum required payroll taxes that employers must pay for their part-time employees to equal those of a full-time employee earning minimum wage. Additionally, the Labor Inspectorate collaborated with the National Authority for Fiscal Administration to conduct joint operations to check employers in sectors prone to underreported labor, including the textile, construction, security, cleaning, food preparation, transportation, and storage industries. These investigations often focused on underpayment of taxes rather than workers’ rights.

The government did not effectively enforce overtime standards. Union leaders complained that overtime violations were the main problem facing their members, since employers often required employees to work longer than the legal maximum without receiving mandatory overtime compensation. This practice was especially prevalent in the textile, banking and finance, and construction sectors.

In the context of the COVID-19 pandemic, additional risk bonuses were awarded to healthcare staff caring for COVID-19 patients or for those involved in pandemic response. Health sector unions and media highlighted cases in which medical staff had limited access to protective equipment. In Suceava county, lack of protective equipment and lapses in protocol led to a disproportionate outbreak among medical staff, prompting the government to implement a range of oversight and lockdown measures to contain and control the outbreak, including placing Suceava’s County Emergency Hospital under military management.

Switzerland

Executive Summary

The Swiss Confederation is a constitutional republic with a federal structure. Legislative authority resides in a bicameral parliament (Federal Assembly) consisting of the 46-member Council of States and the 200-member National Council. Federal Assembly elections were last held in October 2019 and were considered free and fair. Parliament elects the executive leadership (the seven-member Federal Council) every four years and did so in December 2019. A four-party coalition made up the Federal Council.

The federal police maintain internal security. The army is responsible for external security but also has some domestic security responsibilities. Police report to the Federal Department of Justice and Police, while the army reports to the Federal Department of Defense, Civil Protection, and Sport. Civilian authorities maintained effective control over the security forces. There were no reports that the Federal Department of Justice and Police, the Federal Department of Defense, Civil Protection, and Sport, or civilian authorities committed abuses.

There were no reports of significant human rights abuses.

The government had mechanisms in place to identify and punish officials who may commit abuses.

Section 4. Corruption and Lack of Transparency in Government

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

In January, Transparency International announced that, despite showing strong results in combatting corruption, it found the country lacked full transparency in political funding, whistleblower protections, and the fight against money laundering.

Corruption: Investigating and prosecuting government corruption is a federal responsibility. According to the Federal Audit Office, authorities received 187 alerts regarding potential corruption and mismanagement of public contracts in 2018, 23 more than in the previous year. Approximately 80 alerts concerned federal government employees. The Federal Audit Office attributed the increase to the establishment of an online platform in 2017 that allows for the anonymous reporting of potential corruption.

In November the Federal Council adopted its first anticorruption strategy. The strategy’s objectives for 2021-24 include preventing and prosecuting corruption cases and promoting cooperation on this issue between the federal government and cantons as well as on the international level.

In August parliament lifted immunity for Federal Prosecutor Michael Lauber in the country’s first official investigation of a federal prosecutor. Lauber was investigated and resigned over allegations of abuse of office, breach of official secrecy, and favoritism following undisclosed meetings with Gianni Infantino, president of the Federation Internationale de Football Association (FIFA).

In February the Office of the Attorney General filed an indictment against former FIFA secretary general Jerome Valcke for bribery and falsifying documents. The office also indicted the chairman of the BeIN Media Group, Nasser al-Khelaifi, for inciting Valcke to commit aggravated criminal management. Valcke accepted a refund of approximately 500,000 euros ($600,000) for the down payment on a villa in Sardinia after al-Khelaifi purchased it instead of Valcke. In addition Valcke received from al-Khelaifi the exclusive right to use the villa for 18 months without having to pay rent estimated at between 900,000 and 1.8 million euros (between $1.1 million and $2.2 million).

Financial Disclosure: Each year members of the Federal Assembly must disclose their financial interests, professional activities, supervisory board or executive body memberships, and activities as consultants or paid experts. A majority of cantons also required members of cantonal parliaments to disclose their financial interests. While parliamentary salaries were publicly disclosed, the salaries for parliamentarians’ separate professional activities may not be disclosed, as outlined in the federal act.

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 generally cooperative and responsive to their views.

Government Human Rights Bodies: The Swiss Competence Center for Human Rights (SCHR) consists of a network of universities and human rights experts responsible for strengthening and supporting human rights capacities and bridging gaps between federal and cantonal authorities on human rights concerns. During the year the center hosted presentations, training programs, and published reports on human rights themes, such as on the rights of intersex individuals, children’s rights and religious education, and workers’ rights.

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

Women

Rape and Domestic Violence: Rape of women, including spousal rape, and domestic violence, are statutory offenses for which penalties range from one to 10 years in prison. The government effectively enforced the law and prosecuted individuals accused of such crimes. The rape of a man is considered “sexual assault.” As with the rape of women, the courts may hand down maximum prison sentences of up to 10 years against those convicted of sexual abuse of men, but a minimum sentence of 12 months is only applicable in cases of rape against women. According to the Federal Statistics Office, police registered 287 reports of rape in 2019, a 16 percent increase over 2018.

In March the Violetta women’s shelter in Zurich temporarily closed and underwent a 14-day quarantine after a resident tested positive to COVID-19. The shelter’s closure added to growing concerns that the coronavirus crisis could lead to increased cases of domestic violence as a result of government advisories to stay home. In April the Federal Council announced a task force to work with the cantons on this issue.

A 2019 survey by gfs.berne on behalf of Amnesty International revealed that 22 percent of women in the country experienced unwanted sexual acts during their lives, 12 percent had suffered rape, and only 8 percent of those affected by sexual violence reported it to police afterwards. In 2019 police recorded 679 rape offenses and 626 cases of sexual assault.

In 2019 the Federal Statistics Office showed that police registered 19,669 domestic violence offenses in 2019, which included 79 attempted homicides, a six percent increase over 2018. Some 29 percent of the domestic violence cases involved a fatality.

The law penalizes domestic violence and stalking. A court may order an abusive spouse to leave the family home temporarily.

In March the Federal Office for Gender Equality established a task force to examine suitable measures in the event of an increase in domestic violence during the COVID-19 pandemic. In April the task force began a poster campaign against domestic violence in 13 languages. In June the task force found that in some cantons, the victim support centers noticed an increase in consultations about domestic violence since mid-May. The task force reported, however, that cases of domestic violence during the pandemic remained stable compared to the previous year.

There were media reports almost every two weeks that someone died due to domestic violence, and women are almost always the victims. In June the Bern Higher Court convicted a 36-year-old Tunisian man who stabbed his wife to death in 2016 in their home, and sentenced him to 15 years in prison.

In July amendments to civil and criminal laws came into effect to bring more accountability for domestic violence. Criminal authorities can only suspend legal proceedings if the victim’s situation has stabilized or improved. If suspicion exists that violence will reoccur, authorities may no longer discontinue an investigation.

Specialized government agencies, numerous NGOs, including 17 women’s shelters, and nearly a dozen private or government-sponsored hotlines provided help, counseling, and legal assistance to survivors of domestic violence. The canton of Zurich prioritized addressing domestic violence in the legislature and committed additional financial support to women’s shelters and counseling centers. Most cantonal police forces included specially trained domestic violence units.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal and punishable by up to 10 years’ imprisonment. While FGM/C was not a practice in the country, approximately 14,700 women and girls, primarily from Somalia, Eritrea, Ethiopia, Sudan, and Egypt, had undergone FGM/C. According to the Federal Statistics Office, police registered no reports of FGM/C in 2019. A 2019 study by Caritas Switzerland estimated that 22,000 girls and women in the country were likely to be affected by FGM/C.

In November the Federal Council adopted a report entitled “Measures against the circumcision of girls,” which provides for better protection of girls and women. The report outlines a comprehensive approach to combatting FGM/C, including law enforcement and prevention, interdisciplinary networking, strengthening national and international cooperation, and improving healthcare for affected girls and women.

In June the Network against Female Circumcision announced a federally funded project that opened three new regional centers in the cantons of Lucerne, St. Gallen, and Graubünden to advise and support women and girls affected by FGM.

Sexual Harassment: The law prohibits sexual harassment of men and women and facilitates legal remedies for those claiming discrimination or harassment in the workplace. Special legal protection against the dismissal of a claimant expires after six months. Employers failing to take reasonable measures to prevent sexual harassment are liable for damages up to the equivalent of six months’ salary.

According to the Federal Statistics Office, police registered 61 reports of sexual harassment in 2019, down from 70 reports in 2018. According to an NGO, almost one in three women and one in 10 men had experienced sexual harassment in the workplace. Zurich city police maintained a counseling center on offenses against sexual integrity. Lausanne city officials maintained an online platform for victims to record instances of sexual harassment and provided extra training to police officers and teachers on the matter. In August the Unia Trade Union Group launched an online site to combat sexual harassment of apprentices after its 2019 study found that 80 percent of female and nearly 50 percent of male apprentices surveyed said they had experienced sexual harassment.

Reproductive Rights: The government recognized the right of couples and individuals to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and the means to do so, free from discrimination, coercion, or violence.

No legal, social, or cultural barriers would adversely affect access to contraception.

The government provided access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men under family, religious, personal status, labor, property, nationality, and inheritance laws. Authorities generally enforced the law effectively but did not sufficiently address employment discrimination and pay disparities affecting women.

In March the girls’ rights organization Plan International Switzerland released a report stating that 42 percent of women between the ages of 24 and 40 had experienced discrimination in the workplace. The report also found that six out of 10 girls and women between the ages of 14 and 24 and seven out of 10 women between the ages of 24 and 40 had experienced gender-based discrimination at some point in their lives.

The World Economic Forum’s 2020 Global Gender Gap Report noted that women faced unequal career opportunities, with only 34.5 percent of leadership positions in the labor market occupied by women.

In July a new provision to the Equal Opportunities Act came into force requiring companies with at least 100 employees to complete an analysis of pay equity between genders within one year and to show every four years whether men and women earn the same amount in comparable positions and inform their employees of the results. Private companies have to communicate the results to their employees and investors. Public administrations must disclose this to all interested parties.

On July 1, the federal government launched Logib, a free web-based tool to provide confirmed third-party information on equal pay analyses. The UN awarded Logib the Public Service Award and the Equal Pay International Coalition labeled it a best practice. In July the Federal Commission for Women’s Issues published an animated film explaining the UN Women’s Rights Convention to the public.

Children

Birth Registration: Citizenship derives from one’s parents; either parent may convey citizenship. Authorities registered births immediately.

Child Abuse: The law prohibits parents from using corporal punishment to discipline their children, and the constitution states that all children have the right to special protection of their integrity. The law provides penalties for child abuse of up to three years in prison.

In May the Swiss Society of Pediatrics released 2019 statistics from surveying 21 of the 31 children’s clinics in the country. The clinics reported 1,568 cases of child abuse, of which 486 involved physical abuse, 321 involved psychological abuse, 470 were cases of neglect, and 279 were cases of sexual abuse.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18. The law prohibits forced marriage and provides penalties of up to five years in prison for violations. The federal government supports the NGO Center for Competence against Forced Marriage’s prevention activities, including a website where at-risk individuals could declare their unwillingness to be married while on foreign travel. The website enabled authorities either to stop vulnerable individuals from leaving the country or to pronounce the marriages as invalid upon their return.

In June the Center for Competence against Forced Marriage published an article on its website about a woman, originally from Turkey, who the organization helped to leave Switzerland for Germany to avoid a forced marriage to her cousin shortly after her 18th birthday. The agency reported it advised 123 young persons in 2019 who were married as children.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, including child sex trafficking and practices related to child pornography. The production, possession, distribution, or downloading of pornography that involves children is illegal and punishable by fines or a maximum sentence of one year in prison. The law prohibits prostitution of persons under the age of 18 and punishes pimps of children subjected to child sex trafficking with prison sentences of up to 10 years. It provides for sentences of up to three years in prison for persons engaging in sex trafficking with a child victim. Authorities enforced the law.

With few exceptions, the law designates 16 as the minimum age for consensual sex. The maximum penalty for statutory rape is imprisonment for 10 years.

The mandate of the federal police Cybercrime Coordination Unit included preventing and prosecuting crimes involving the sexual exploitation of children online. According to the Federal Statistics Office, the police registered 383 reports of sexual acts involving children, 10 fewer cases than the previous year.

In September the Bernese Oberland regional court sentenced a 53-year-old man to a 10-month conditional prison sentence and fines for child abuse, exploitation of an emergency situation, and pornography. The court also awarded the victim 5,000 Swiss francs ($5,450). The president of the court ruled on the conditional sentence based on the convicted person’s willingness to continue therapy.

On September 11, the Federal Council adopted a report by the Lucerne University of Applied Sciences on prevention of sexual exploitation of children. The council agreed to expand financial assistance to the Say No counseling service in French-speaking Switzerland and to subsidize additional counseling services in other regions in Switzerland.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

According to the Swiss Federation of Jewish Communities (SIG/FSCI), approximately 18,000 Jewish individuals resided in the country.

The 2019 Anti-Semitism Report, produced jointly by the SIG/FSCI and the Foundation against Racism and Anti-Semitism (GRE), cited 523 anti-Semitic incidents, including 485 cases of anti-Semitic online hate speech, in the German-speaking part of the country in 2019. Of the 485 online incidents, 90 percent were found on Facebook and Twitter. The SIG/FSCI and GRE assessed that the number of anti-Semitic incidents in the country was stable and that violent anti-Semitic incidents remained rare. The SIG/FSCI and GRE attributed the slight decrease in recorded anti-Semitic statements and acts to fewer events throughout the year that triggered online anti-Semitic hate speech and anti-Semitic incidents, such as news reports and the release of anti-Semitism reports as well as efforts by media outlets to moderate their comments columns. The report documented one incident in July, in which a landlord told a Jewish family who wanted to rent a vacation home that she no longer rented to Jews. The report detailed how a Jewish soldier reported anti-Semitic comments among soldiers in recruit school to the SIG; the army took the incidents seriously and conducted an investigation immediately.

In 2019 the Geneva-based Intercommunity Center for Coordination against Anti-Semitism and Defamation (CICAD) reported 114 anti-Semitic incidents, including approximately 100 cases of online anti-Semitic hate speech, including insults and Holocaust denials on social media sites such as YouTube, in the French-speaking region. The report noted a drastic reduction in postings by far-right and far-left extremist groups on Facebook, Twitter, and other social media networks, resulting in a decrease in comments from their supporters on these same platforms. The report also found that media outlets in the French-speaking region had made a significant effort to moderate anti-Semitic content. The SIG report found no reports of assaults against Jews or damage to Jewish property in the German-speaking part of Switzerland; however, the CICAD found physical and verbal assaults against Jews in French-speaking areas increased and several synagogues were vandalized in 2019.

A federal report on racial discrimination released in April found that extreme right-wing incidents increased in 2019, particularly among young persons, including the Hitler salute. The report also highlighted a campaign calling for a boycott of an Israeli music competition to protest against Israel’s policies that included Nazi symbolism, which were removed following media protests.

In July a study published by the Zurich University of Applied Sciences of 500 Jews in the country found that one in two respondents had experienced anti-Semitic harassment in recent years. The most common form of harassment was offensive or threatening comments.

In January the president invited all surviving Holocaust survivors in the country to a lunch in their honor. Approximately 40-50 survivors attended.

Trafficking in Persons

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

Persons with Disabilities

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services, and the government generally enforced the prohibition. The umbrella organization for disability NGOs, Inclusion Handicap, stated however that the Federal Court maintained a “very narrow interpretation” of discrimination, which required plaintiffs to prove malicious intent in discrimination complaints, resulting in insufficient legal protection for disabled persons.

The Federal Equal Opportunity Office for Persons with Disabilities promoted awareness of the law and respect for the rights of individuals with disabilities through counseling and financial support for projects to facilitate their integration in society and the labor market.

A 2019 SCHR study on the implementation of the UN Convention on the Rights of Persons with Disabilities in Switzerland found that implementation was inconsistent across the cantons. In March the SCHR launched a website that highlighted projects in six cantons aimed to assist with implementing the UN Convention on the Rights of Persons with Disabilities in the areas of housing, work and training, access to services and facilities, and codetermination.

Effective July 1, a new regulation came into force by which automatic door entrances to apartment buildings and stair lifts at home can be financed by the government.

In September parliament’s lower house, the National Council, took several measures to assist persons with disabilities, including a motion to extend identification cards, which entitle users to discounts and serve as proof of a disability, to persons who receive an allowance from the government.

Members of National/Racial/Ethnic Minority Groups

Extremists, including skinheads, who expressed hostility toward foreigners, ethnic and religious minorities, and immigrants, continued to be active based on media and police reports.

In February the St. Gallen Cantonal Council approved a ban on extremist events, described as events “not compatible with the basic democratic and constitutional order and which significantly impair the population’s sense of security.”

In April the Consulting Network for Racism Victims, a partnership between Humanrights.ch and the Federal Commission against Racism, released its report for 2019, recording 352 cases of discrimination and documenting an increase in racism against dark-skinned individuals and persons of Arab background. Anti-Muslim incidents were the third-most recorded cases of racism, after general xenophobia and racism against persons with dark skins. The report found increased incidents involving right-wing extremism. The report attributed this sharp increase in reported cases to those affected being more aware of counseling centers and more willing to report incidents. The report also found that incidents with an extreme right-wing background increased noticeably in 2019 for the first time. The report also found that while reported incidents of discrimination in public space increased, reported cases of workplace discrimination decreased.

In April the Federal Council released an evaluation report on racial discrimination, which included 575 reported incidents, of which 352 cases were evaluated by 22 counseling centers from across the country. The report found a sharp increase in the number of reported and considered racist cases of discrimination in 2019. The most frequent forms were discrimination and verbal abuse; the most common motive was xenophobia. The report mentions a survey by the Federal Statistical Office finding that 60 percent of the respondents surveyed said racism is a serious social problem in the country. The report also found that incidents with an extreme right-wing background increased noticeably for the first time in 2019.

In June the SCHR released a study on the prevention of atrocities in Switzerland, which noted the numerous institutions that victims of discrimination can use in the country. The report found, however, that no systematic data collection on discrimination exists.

In July the Federal Office of Police announced 500,000 Swiss francs ($545,000) in federal funding to 11 organizations that service minorities as defined by their way of life, culture, religion, tradition, language, or sexual orientation to assist in their protection.

According to Romani interest groups, including the Romano Dialogue and the Roma Foundation, discrimination against Roma in the housing and labor markets persisted, with many Roma routinely concealing their identity to prevent professional and private backlash. According to the Society for Threatened Peoples, itinerant Roma, Sinti, and Yenish regularly faced arbitrary stops by police.

In February, Bern residents voted to create a transit place along the A1 highway in Seeland for foreign travelers, including Roma, who come to Switzerland for seasonal work between spring and fall each year.

In March the NGO Human Rights Platform Switzerland presented a report to the UN Committee on the Elimination of All Forms of Racial Discrimination which found that the country must do more to ensure prevention and eradication of racism, xenophobia, and intolerance from its society and institutions. The report cited a severe lack of appropriate camping sites and that two-thirds of existing sites are inadequate as nearly half of the sites are parking lots.

In April the Federal Supreme Court ruled against provisions in Bern law which stipulated that persons who use property without the permission of the owner may be evicted without a right to be heard within 24 hours. As a result, traveling minorities may not be quickly turned away without a corresponding order and legal hearing.

The Society for Threatened Peoples called on the government in April to provide economic support and adequate infrastructure for Sinti, Roma, and Yenish people, stating the lack of camp sites made it challenging for these groups to comply with government health recommendations.

In May the Frauenfeld Higher Court convicted Roland Schoeni, parliamentary group president of the Arbon city parliament, for racist speech based on anti-Roma comments he made in 2018.

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

In a February 9 referendum, 63.1 percent of voters approved antidiscrimination legislation, which will make discrimination based on sexual orientation illegal. In the same month, parliament approved the new law, although the NGO Transgender Network noted it did not include transgender individuals.

There were multiple reports of violence or discrimination based on the victim’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) status. In February for example, police arrested a 15-year-old from Syria for allegedly attacking three men with a knife in Zurich. Several eyewitnesses claimed it was a targeted attack on gays, as the perpetrator bullied and insulted the men not far from a gay club before stabbing one of the victims. Police increased their presence outside the club and other locations. An investigation continued.

The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) Europe’s 2020 annual report for the country alleged an increased number of violent incidents against gay men in 2019, including a May 17 attack against an information stand at the International Day Against Homophobia, Transphobia and Biphobia, and an attack against a gay couple on their way home from a Pride event in June. The Pink Cross received on average two reports per week regarding attacks against LGBTI persons, including harassment, hate speech on the Internet, tangible threats, and physical violence.

Pink Cross and the NGO Transgender Network reported that bullying in the workplace remained a problem for LGBTI persons. Both organizations noted isolated cases of discrimination against LGBTI individuals over the past year, including in the housing market. The organizations stated that in the past year, the cities of Bern, Biel, and Zurich have implemented LGBTI action plans for ensuring tolerance and measures to prevent discrimination. In Biel these measures include widening an existing hotline to report violence for LGBTI concerns and training opportunities for city employees on gender diversity, gender identity, and sexual orientation.

The Transgender Network stated a cantonal court granted a minor the right to gender self-determination this year, the first such ruling in the country.

HIV and AIDS Social Stigma

There were occasional reports of discrimination against persons with HIV or AIDS. To combat harassment and unfair behavior, the Swiss AIDS Federation conducted multiple campaigns to sensitize the public to the problem. Most discrimination cases recorded by the federation involved private data violations, insurance discrimination, and discrimination in the provision of health services.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The freedom of association for employers and employees, explicitly including the right to strike and the right to hold lockouts, is provided under the federal constitution. This provides for the right for all workers, including foreigners, public-sector officials, domestic workers, and agricultural workers, to form and join independent unions of their choice without previous authorization or excessive requirements. The constitution also foresees collective agreements between workers and employers and provides for the right to conduct legal strikes, and the government protected these rights. Strikes must be linked to industrial relations, however, and the government may curtail the right of federal public servants to strike for reasons of national security or to safeguard foreign policy interests. Laws prohibit public servants in some cantons and many municipalities from striking. The law protects employees from termination because they are trade union members or carrying out trade union activities in a lawful manner.

No law defines minimum or maximum penalties for violations of the freedoms of association or collective bargaining. According to the International Labor Organization (ILO), unjustified dismissals for workers involved in trade union activity may result in compensation of up to six months’ wages. Collective agreements commit the social partners to maintain labor peace, thereby limiting the right to strike for the duration of an agreement, which generally lasts several years. The State Secretariat for Economic Affairs maintains a list of collective agreements that have been declared binding in various regions and sectors of the economy.

The government respected the freedoms of association and collective bargaining, but there have at times been cases when employers dismissed trade unionists or have used the legal system to limit legitimate trade union activities. Trade unions continued to report discriminatory behavior against their members.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. Penalties for forced labor violations were up to 20 years’ imprisonment or a fine. The law criminalizes sex trafficking and labor trafficking, and prescribed penalties of up to life imprisonment or a fine; the penalties included prison sentences of no less than one year for offenses involving a child victim and those where the trafficker acted for commercial gain. NGOs commented that fines for labor trafficking were often very low because authorities treated indications of forced labor as relatively minor labor violations; in addition, they reported that inspectors often regarded foreign victims of labor trafficking as criminals working illegally in the country. The government conducted several training programs for relevant authorities on labor trafficking aimed at raising awareness and reducing such exploitation. Through three joint action days between law enforcement, labor inspectors, and EUROPOL in 2019, the government reported conducting at least 145 labor inspections that resulted in the identification of at least five victims of labor trafficking, 46 potential victims, and 10 suspected traffickers (compared with the identification of 54 potential victims and seven suspects in 2018). The government conducted multiple antitrafficking training events for law enforcement in 2019, including a roundtable for 40 officials that focused on trafficking in the hospitality sector.

According to antitrafficking NGOs who provided services to victims, incidents of forced labor occurred primarily in the domestic-service, catering, agriculture, tourism, hospitality, construction, and nursing industries. Labor trafficking in the forms of forced begging, stealing, and financial scams occurred in several cantons.

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 full-time employment is 15. Children who are ages 13 or 14 may engage in light work for no more than nine hours per week during the school year and 15 hours at other times. Children younger than 15 may, under special circumstances, work at sports or cultural events with the approval of cantonal authorities. Employment of youths between the ages of 15 and 18 is also restricted. Children who have not completed compulsory education may not work on Sundays, while all children younger than 18 are prohibited from working under hazardous conditions or at night. According to the ILO Committee of Experts on the Application of Conventions and Recommendations, the penal code prohibits the publication of pornography involving children, but the relevant provisions only cover persons who are younger than 16.

The government effectively enforced laws and policies to protect children from exploitation in the workplace. The Federal Department of Economic Affairs, Education, and Research  monitored the implementation of child labor laws and policies, and cantonal labor inspectors effectively inspected companies to determine whether there were violations of child labor laws. Cantonal inspectors strictly enforced these provisions. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on national origin, race, gender, age, language, social position, lifestyle, religion, beliefs or political convictions, or based on physical, mental or psychological disability. The constitution specifically states that men and women have equal rights, including at work, and that women have to right to equal pay for work of equal value. The criminal code prohibits discrimination on the basis of race, ethnic origin, religion, or sexual orientation, but does not contain provisions specifically on personnel operations such as hiring or firing.

The law prohibits discrimination with respect to employment on the basis of gender (including pregnancy). Violations of the law may result in the award of compensation to a prospective or dismissed employee equal to a maximum of three months’ salary in the public sector and six months’ salary in private industry. The government did not consistently enforce this provision.

Although discrimination against women in the workplace is illegal, a disproportionate share of women held jobs with lower levels of responsibility. Employers promoted women less frequently than they did men, and women were less likely to own or manage businesses. According to a 2019 study by the University of St. Gallen, there was a 50-50 balance between men and women in the workforce at nonmanagement levels, but the proportion of women decreases at each successive level of management–from 38 percent in lower management, to 23 percent in middle management, and to only 18 percent among the top managers. In June 2019 parliament passed legislation calling for women to occupy at least 30 percent of corporate board positions, and 20 percent of corporate management positions in enterprises with a minimum of 250 employees. The nonbinding policy requires businesses that fail to reach the targets to submit a written justification to the government.

Although the constitution entitles women and men to equal pay for equal work, this was not enforced effectively according to TravailSuisse. According to the Federal Statistics Office, there was an 11.5 percent gender wage gap across both the public and private sectors in 2018, the most recent year for which data was available. The Statistics Office also noted that the wage gap increases with higher levels of responsibility. In upper management women earned 18.6 percent less than men in 2018.

According to Inclusion Handicap, problems remained in integrating individuals with disabilities, especially those with mental and cognitive handicaps, into the labor market. The NGO noted discrimination against disabled persons was particularly problematic in the private sector. Procap, one of the country’s largest organizations for persons with disabilities, welcomed a new law on the further development of social insurance for persons with disabilities in June 2020, which aims to provide greater support for disabled youth in getting a job, among other steps to promote sustained employment (also see section 6, Persons with Disabilities).

The NGOs Pink Cross and Transgender Network noted LGBTI persons experienced workplace discrimination. Pink Cross cited a decision by the Federal Court in April 2019 which made clear that the law did not apply in cases of discrimination based on sexual orientation. The case demonstrated that sexual orientation enjoys no protection from workplace discrimination under the law, the NGO commented. According to Transgender Network, 20 percent of transgender persons in the country are unemployed–nearly five times the rate among the general population.

The NGO Avenir50Plus stated that older persons also face discrimination at the workplace, stating that only 14 percent of unemployed persons older than age 50 found a stable job after losing their previous employment. Nearly 23 percent of the workforce over the age of 55 was unemployed, the NGO said.

There were reports of labor discrimination against persons with HIV or AIDS. In 2019 the Swiss AIDS Federation registered 105 cases of discrimination against individuals with HIV, down from 122 in 2018. Of the complaints, 10 concerned employment discrimination or other discrimination in the workplace. Examples of workplace discrimination included a supervisor demanding an employee be tested for HIV, and a supervisor requesting an employee go on sick leave status due to the employee’s HIV-positive status.

According to the Advocacy and Support Organization for Migrant Women and Victims of Trafficking, migrant workers in low-wage jobs were more likely than other workers to face exploitative labor practices and poor working conditions. Women are particularly vulnerable, according to the NGO.

e. Acceptable Conditions of Work

The country has no national minimum wage, but four (Geneva, Jura, Neuenberg, and Ticino) of the 26 cantons have minimum wage laws. Collective agreements on working conditions, including sectoral minimum wages, cover approximately 40 percent of the country’s workforce. Average wages for workers and employees covered by these contracts, particularly in the clothing, hospitality, and retail industries, however, remain relatively low. Authorities effectively enforced these collective agreements, and penalties were sufficient to deter violations. Minimum wages in the agreements exceeded the poverty income level for a single person, but often did not exceed the poverty level for families with two adults and two children.

Law sets a maximum 45-hour workweek for blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The rules exclude certain professions, such as medical doctors.

To protect worker health and safety, the law contains extensive provisions that are current and appropriate for the main industries. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Federal Department of Economic Affairs, Education, and Research and cantonal labor inspectorates effectively enforced laws relating to hours of work and occupational safety and health across all sectors including the informal economy. The ministry also oversees collective bargaining agreements. The number of labor inspectors was sufficient to enforce compliance.

The courts determined fines according to the personal and economic situation of the perpetrator. Penalties were commensurate with those for similar crimes, such as fraud.

Migrant workers in low-wage jobs were more likely to experience exploitative labor practices, although the criminal code forbids human trafficking for the purpose of labor exploitation. During the year several local NGOs and international organizations expressed concern that authorities lacked the necessary resources and expertise to address adequately labor exploitation prevalent in the construction, hospitality, healthcare, and domestic-labor sectors. For example the Swiss Competence Center for Human Rights examined 12 cases that showed strong signs of labor exploitation of migrant workers, but found that only six of these cases resulted in courts confirming that labor exploitation had occurred.

Immigrant workers have the same rights as other workers. There are no special provisions or requirements for noncitizen workers apart from having legal immigration status and a valid work permit. The government did not allow individuals without legal status or work permits to work. Individuals who obtained legal status could request a work permit. Asylum seekers are usually not allowed to work until they are assigned to a canton and receive a work permit from cantonal authorities.

Taiwan

Executive Summary

Taiwan is a democracy led by a president and parliament selected in multiparty elections. On January 11, voters re-elected President Tsai Ing-wen of the Democratic Progressive Party to another four-year term in an election considered free and fair.

Civilian authorities maintained effective control over the security forces. The National Police Agency, under the Ministry of Interior, maintains internal security. The police, military services, Agency of Corrections, and Coast Guard Administration report to the premier, who is appointed by the president. Members of the security forces committed some abuses.

Significant human rights issues included: the existence of criminal libel laws and serious acts of corruption.

Authorities enforced laws prohibiting human rights abuses and prosecuted officials who committed them, including incumbent and former legislators involved in a high-profile bribery case. There were no reports of impunity.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and authorities generally implemented the law effectively. There were reports of official corruption during the year. In the year to May, nine high-ranking officials, 59 mid-level, 75 low-level, and 18 elected people’s deputies had been indicted for corruption.

Corruption: The Ministry of Justice and its Agency against Corruption are in charge of combating official corruption. The ministry received sufficient resources and collaborated with civil society within the scope of the law. Some legal scholars and politicians said the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. The Control Yuan, an independent investigative and auditing agency, is responsible for impeaching officials in cases of wrongdoing.

In January the Supreme Court upheld a guilty verdict for bribery against former minister of transportation and communications Kuo Yao-chi, who was sentenced to eight years in prison. Kuo was initially found innocent in two trials by the Taipei district court in 2009 and 2010, before being found guilty in a retrial by the High Court in 2011.

In September the Taipei District Prosecutors Office charged incumbent legislators Su Chen-ching of the Democratic Progressive Party, Liao Kuo-tung and Chen Chao-ming of the Kuomintang, and former New Power Party legislator Hsu Yung-ming with accepting bribes to assist a businessman in regaining control of the ownership of a department store chain. In addition independent legislator Chao Cheng-yu was indicted in a separate bribery case involving two funeral services companies and a plot of land in a national park. These cases were pending trial.

Financial Disclosure: The law requires specific appointed and elected officials and candidates in national and local elections to disclose their income and assets to the Control Yuan, which makes the disclosures public. Those making false declarations with the intent to conceal properties are subject to modest to substantial fines. The law also requires civil servants to account for abnormal increases in their assets and makes failure to do so a punishable offense and there are criminal and administrative sanctions for noncompliance.

The law stipulates 18 categories of politically exposed persons subject to strict oversight for money-laundering activities. These include the president, vice president, heads of the central and local governments, legislators, and leadership of state-owned enterprises, as well as their family members and close associates.

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 restriction, investigating and publishing their findings on human rights cases. Authorities were generally cooperative and responsive to their views.

In August the Control Yuan established the National Human Rights Commission in charge of investigating abuses and discrimination, reviewing national human rights policies, publishing annual national human rights status reports, and promoting human rights in collaboration with domestic civil society and international NGOs.

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

Women

Rape and Domestic Violence: The law criminalizes rape of women and men, including spousal rape, and domestic violence, and provides protection for rape survivors. Rape trials are not open to the public unless the victim consents. The law allows experts to assist in questioning and appear in court as witnesses when rape victims are minors or have mental disabilities, and authorizes the use of one-way mirrors, video conferencing, or other practices to protect victims during questioning and at trial. The law permits a charge of rape even if the victim chooses not to press charges and allows prosecutors to investigate complaints of domestic violence even if the victim has not filed a formal complaint.

The law establishes the punishment for rape as a minimum of five years’ imprisonment, and courts usually sentenced individuals convicted of rape to five to 10 years in prison. Courts typically sentenced individuals convicted in domestic violence cases to less than six months in prison.

In one prominent case, in August a man surnamed Su was sentenced to 12 years in prison for sexually assaulting a woman.

Many victims did not report the crime for fear of social stigmatization, and NGOs and academic studies estimated the total number of sexual assaults was seven to 10 times higher than the number reported to police. Some abused women chose not to report incidents to police due to social pressure not to disgrace their families.

The law requires all cities and counties to establish violence prevention and control centers to address domestic and sexual violence, child abuse, and elder abuse.

In May the Constitutional Court issued an interpretation decriminalizing adultery. Activists lauded the ruling, asserting the laws had been used to pressure victims of sexual assault to refrain from filing charges.

Sexual Harassment: The law prohibits sexual harassment (see section 7.d.). In most cases perpetrators were required to attend classes on gender equality and counseling sessions, and when the victims agreed, to apologize to the victims. In 2019 a total of 408 fines were issued, up from 287 fines in 2018, with a combined total of seven million New Taiwan dollars ($238,000), a 40 percent increase from the previous year.

Incidents of sexual harassment were reportedly on the rise in public spaces, schools, the legislature, and in government agencies.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence, although their rights are abridged by the legal requirement that women concerned about the effect of pregnancy or childbirth on their mental health or family life must secure spousal consent before receiving certain forms of reproductive health care.

Contraceptive drugs and services were covered by the comprehensive mandatory health insurance system and readily available through prescription after a medical consultation. Pregnant women received full coverage of related medical expenses, including for 10 prenatal care outpatient visits and hospital or clinic services for labor and delivery. Fertility treatments are limited by law to married couples with a medical diagnosis of infertility or a major hereditary disease and when the wife is medically capable of carrying the pregnancy to term. Surrogacy is not legal. Staff members at designated hospitals were trained to acquire evidence and perform medical examinations for victims of sexual violence and to provide other sexual and reproductive health services.

In 2019, 99.83 percent of births were attended by a physician and 0.08 percent by a midwife. From 2009 through 2019, the adolescent birth rate remained at roughly four per 1,000 women between the ages of 15 and 19.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The law provides the same legal status and rights for women and men. Women experienced some discrimination in employment (see section 7.d.).

Gender-biased Sex Selection: The law prohibits sex selection and sex-selective abortion, except for diagnoses of sex-linked inheritance disorders. Even for embryos created via assisted reproductive technology, the fetal sex may not be revealed in any form unless medically required. According to National Health Administration statistics, the ratio of males-to-females for a first child born in 2019 was 1.07. A 2019 survey found 32 percent of respondents preferred a female baby, and 31 percent a male baby. Authorities worked with local health bureaus to monitor the sex ratio at birth and continued to promote gender equality.

Children

Birth Registration: Citizenship is derived from that of either parent. Births must be registered within 60 days; failure to do so results in the denial of national health care and education benefits. Registration is not denied on a discriminatory basis.

Child Abuse: The law stipulates persons learning of child abuse or neglect must notify police or welfare authorities. An official 24-hour hotline accepted complaints and offered counseling. Courts are required to appoint guardians for children of parents deemed unfit. Childcare center owners and teachers who physically abuse or sexually harass children may be fined, and the names of perpetrators and their institutions will be made public. Owners who fail to verify the qualifications of teachers and other employees may be fined.

Children’s rights advocates called on medical professionals to pay attention to infants and young children sent to hospitals with unusual injuries and to take the initiative to report suspected abuse to law enforcement while treating these children. Advocates also called attention to bullying, violence, and sexual assault cases at correctional institutions, while pointing out these facilities were often understaffed and that their personnel were inadequately trained to counsel and manage teenage inmates.

Central and local authorities coordinated with private organizations to identify and assist high-risk children and families and to increase public awareness of child abuse and domestic violence.

In August a couple surnamed Chiu and Wang were convicted of beating their two-year-old son to death in November 2019. They were sentenced to 15 years and eight years and four months in jail, respectively. In June a man surnamed Chang was sentenced to nine years and 10 months in jail for sexual abuse of three minors.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 18 years for men and 16 for girls.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. Under law a perpetrator who films an underage person engaging in sexual intercourse or obscene acts or produces pictures, photographs, films, videotapes, compact discs, electronic signals, or other objects that show an underage person engaging in sexual intercourse or obscene acts, is subject to imprisonment for between one and seven years, and could face a substantial fine.

The minimum age for consensual sexual relations is 16. Persons who engage in sex with children younger than age 14 face sentences of three to 10 years in prison. Those who engage in sex with minors between 14 and 16 receive a mandatory prison sentence of three to seven years. Solicitors of sex with minors older than 16 but younger than 18 face a maximum of one year in prison or hard labor or a substantial fine.

While authorities generally enforced the law domestically, elements of the law that treat possession of child pornography as a misdemeanor rather than a felony hampered enforcement in some cases. Authorities also did not investigate or prosecute any cases of child sexual exploitation committed by citizens while traveling abroad, although the law permits this.

In March a man surnamed Chen was sentenced to two years and two months in jail for distributing intimate photos of a 13-year-old girl through social media, in addition to an earlier sentence of eight years and six months for sexual assault against the same minor.

NGOs raised concerns regarding online sexual exploitation of children and reported sex offenders increasingly used cell phones, web cameras, live streaming, apps, and other new technologies to deceive and coerce underage girls and boys into sexual activity; the NGOs called for increased prosecutions and heavier penalties.

There were reports of minors in prostitution.

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

Anti-Semitism

The Jewish community was very small, estimated at 1,000 individuals, predominately foreign residents. There were no reports of anti-Semitic acts.

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities and stipulates authorities must provide certain services and programs to persons with disabilities. Persons with disabilities have the right to vote and participate in civic affairs.

Authorities made efforts to implement laws and programs to provide access to buildings, information, and communications. NGOs contended the lack of barrier-free spaces and accessible transportation systems continued to limit civic engagement by persons with disabilities, particularly outside Taipei. The Accessible Living Environment Supervisory Task Force under the Ministry of the Interior is responsible for monitoring efforts by local governments to improve the accessibility of public buildings. Authorities release an annual assessment on accessibility in public buildings and areas that serves as a reference for central government budget allocation.

Most children with disabilities attended mainstream schools, but separate primary, secondary, and vocational schools were also available for students with disabilities. NGOs asserted services for students with disabilities remained largely inadequate.

Members of National/Racial/Ethnic Minority Groups

As of December 2019, spouses born in Southeast Asian countries and the PRC accounted for more than 2.2 percent of the total population. Overseas spouses were reportedly targets of social discrimination or abuse outside and, at times, inside the home.

The law allows non-PRC-born foreign spouses of Taiwan passport holders to apply for Taiwan residency after three years, while PRC-born spouses must wait six years. Unlike non-PRC spouses, however, PRC-born spouses may work in Taiwan immediately on arrival. The status and rights of PRC-born spouses are governed by the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area.

Starting in August 2019, seven Southeast Asian languages–Vietnamese, Indonesian, Thai, Burmese, Khmer, Malay, and Tagalog–were incorporated into the language curriculum in some elementary schools, reflecting the growing number of children of partial Southeast Asian descent. As of September more than 153,000 second-generation students were enrolled in elementary and junior high schools.

In February the Taiwan Railways Administration imposed a ban on sitting on the floor of the main hall of the Taipei Main Station, a public venue frequently used by foreign migrant workers to socialize, citing social distancing guidelines for the COVID-19 pandemic. After facing criticism from migrant worker rights groups, restrictions were lifted in July.

Indigenous People

Authorities officially recognize 16 indigenous tribes, accounting for approximately 2.3 percent of the population. The law provides indigenous people equal civil and political rights and stipulates authorities should provide resources to help indigenous groups develop a system of self-governance, formulate policies to protect their basic rights, and promote the preservation and development of their languages and cultures.

The law designates the languages of the 16 indigenous tribes as national languages and entitles indigenous peoples to use their languages in official settings. In February a foundation was launched to research, preserve, and support the use of indigenous languages. In a program begun in 2018, a total of 32 schools representing 10 ethnic groups were engaged in indigenous experimental education.

The Legal Aid Foundation operated a center in Hualian to provide legal assistance to indigenous persons.

Although the law allows for the delineation of government-owned traditional indigenous territories, some indigenous rights advocates argued a large amount of indigenous land was seized and privatized decades ago, depriving indigenous communities of the right to participate in the development of these traditional territories.

Existing law stipulates authorities and the private sector should consult with indigenous people and obtain their consent to or participation in, as well as share with them the benefits of, land development, resource utilization, ecology conservation, and academic research in indigenous areas. There are, however, no regulations in place for obtaining this consent with respect to private land.

Indigenous people participated in decisions affecting their land through the political process. The law sets aside six of the 113 seats in the legislature for indigenous tribal representatives elected by indigenous voters.

In August the Transitional Justice Commission exonerated Voyue Tosku, an indigenous Tsou tribesman, and Liao Li-chuan, sentenced in 1954 to 17 and 10 years in jail, respectively, for alleged involvement in a treason case during the martial law era. This was the first exoneration by the Transitional Justice Commission of members of indigenous tribes.

In November 2019 authorities announced NT$2.55 billion ($83.6 million) in compensation to residents on outlying Orchid Island, home to the indigenous Tao community, for the operation of a nuclear waste storage facility on the island over the past five decades without their consent. Local community representatives rejected the proposed compensation, reiterating demands that the nuclear waste be removed or relocated.

In June the Asia Cement Corporation announced it would initiate consultations with the local community aimed at achieving a settlement for the continuation of mining operations in Hualien County. The action followed a July 2019 Taipei high administrative court ruling in favor of indigenous Truku residents who protested the renewal of permits for the corporation’s mining operations near their community. The Bureau of Mines renewed the permit without the consent of the Truku community, which the court ruled violated legal requirements for governments or private parties to consult with and obtain consent from indigenous peoples in such cases.

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

The law stipulates employers cannot discriminate against job seekers based on sexual orientation and prohibits schools from discriminating against students based on their gender expression, gender identity, or sexual orientation.

Activists for lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights said due to victims’ reluctance to lodge formal complaints, discrimination against LGBTI persons was more widespread than suggested by the number of court cases. Reported instances of violence against LGBTI individuals were rare, and police response was adequate.

In September several LGBTI advocacy and parents’ groups voiced support for, while other non-LGBTI groups protested against, the Ministry of Education’s selection of a children’s book featuring a same-sex couple for elementary-school readers.

HIV and AIDS Social Stigma

The law prohibits potential employers from requesting health examination reports from job candidates to prove they do not have HIV or other communicable diseases. There was reported discrimination, including employment discrimination, against persons with HIV or AIDS (see section 7.d.).

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, conduct strikes, and bargain collectively. The law prohibits discrimination, dismissal, or other unfair treatment of workers for union-related activities and requires reinstatement of workers fired for legal trade union activity. Employees hired through dispatching agencies (i.e., temporary workers) do not have the right to organize and bargain collectively in the enterprises where they work.

The Labor Incident Act, which entered into force in January, clearly defines labor disputes and establishes special labor courts in the judicial system to handle all labor cases, including collective disputes involving a union.

According to the law, there are three types of unions: enterprise unions, industrial unions, and professional unions. Enterprise unions must have 30 members to form and there may only be one union per enterprise. Employees in companies with fewer than 30 workers may only join a professional union or an industrial union to exercise their rights. Industrial unions link workers in the same industry. Professional unions must be within the geographic boundaries of local administrative divisions; membership across boundaries is prohibited.

The right to strike remained highly restricted. Teachers, civil servants, and defense industry employees do not have the right to strike. Workers in industries such as utilities, hospital services, and telecommunication service providers are allowed to strike only if they maintain basic services during the strike. Authorities may prohibit, limit, or break up a strike during a disaster. Workers are allowed to strike only in “adjustment” disputes which include issues such as compensation and working schedules. The law forbids strikes related to rights guaranteed under the law.

The law requires mediation of labor disputes when authorities deem them sufficiently serious or involving unfair practices. Most labor disputes involved wage and severance issues. Local labor authorities often settle disputes through mediation or arbitration. Mediation usually resolved most cases within 20 days. Legally binding arbitration generally took between 45 and 79 working days. The law prohibits strikes or other acts of protest during conciliation or arbitration proceedings. Labor organizations stated this prohibition impeded workers’ ability to exercise their right to strike.

Through July the economic impact of COVID-19 increased labor dispute cases by 15 percent, particularly related to wage disputes and improper dismissals.

The Ministry of Labor oversees implementation and enforcement of labor laws in coordination with local labor affairs authorities. Authorities effectively enforced laws providing for the freedom of association and collective bargaining. Ministry arbitration committees reviewed cases of antiunion activities, and authorities subjected violators to fines or restoration of employee’s duties. Such fines were not commensurate with those for other laws involving denials of civil rights.

Large enterprises frequently made it difficult for employees to organize an enterprise union through methods such as blacklisting union organizers from promotion or relocating them to other work divisions. These methods were particularly common in the technology sector. There was only one enterprise union among the 520 companies in Hsinchu Science Park, where more than 150,000 employees work. The authorities provide financial incentives to enterprise unions to encourage negotiation of “collective agreements” with employers that detail their employees’ immediate labor rights and entitlements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes penalties for forced labor, and authorities effectively enforced the law, but courts delivered light sentences or fines in most forced labor convictions. Such penalties were not commensurate with those for analogous serious crimes, such as kidnapping. Authorities can terminate brokers’ business operations but did not do so as of October. There is no legal prohibition against reopening a business through a proxy that registers as a new company.

Authorities continued public awareness campaigns, including disseminating worker-education pamphlets, operating foreign-worker hotlines, and offering Ministry of Education programs on labor trafficking as part of the broader human rights curriculum. Forced labor occurred primarily in sectors reliant on migrant workers including domestic services, fishing, farming, manufacturing, meat processing, and construction. Some labor brokers charged foreign workers exorbitant recruitment fees and used debts incurred from these fees in the source country as tools of coercion to subject the workers to debt bondage (see section 7.e.).

Migrant fishermen reported senior crewmembers employ coercive tactics such as threats of physical violence, beatings, withholding of food and water, retention of identity documents, wage deductions, and noncontractual compulsory sharing of vessel operational costs to retain their labor. These abuses were particularly prevalent in Taiwan’s large distant-waters fishing fleet, which operated without adequate oversight (see section 7.e.).

The Employment Services Act requires labor brokers to report mistreatment such as withholding identification documents, restrictions on access to dorms or residences, and excessive work hours violating the general work conditions of foreign workers to law enforcement authorities within 24 hours. Penalties for not doing so include small fines. The Employment Services Act introduced a new article to prohibit brokers from specific acts against migrant workers, including sexual assault, human trafficking, or forced labor with penalties including modest fines and possible criminal charges.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law provides a minimum age for employment of 15, but has an exception for work by children younger than 15 if they have completed junior high school and the appropriate authorities have determined the work will not harm the child’s mental and physical health. The law prohibits children younger than 18 from doing heavy or hazardous work. Working hours for children are limited to eight hours per day, and children may not work overtime or on night shifts. The law prohibits all the worst forms of child labor.

County and city labor bureaus effectively enforced minimum age laws by ensuring the implementation of compulsory education. Employers who violate minimum age laws face a prison sentence, fines, or both, which were not commensurate with those of analogous serious crimes, such as kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of race, religion, national origin, color, sex, ethnicity, disability, age, and sexual orientation. The law prohibits potential employers from requesting medical reports from job candidates to prove they do not have HIV or other communicable diseases. The law forbids termination of employment because of pregnancy or marriage. The law does not restrict women’s working hours, occupations, or tasks. The authorities effectively enforced the law and penalties were commensurate to laws related to civil rights, such as election interference.

Workers who encounter discrimination can file complaints with two independent committees composed of scholars, experts, and officials in city and county departments of labor affairs. Local labor affairs bureaus are empowered to intervene and investigate complaints of employment discrimination. Authorities enforced decisions made by those committees. Employers can appeal rulings to the Ministry of Labor and the administrative court.

The majority of sex discrimination cases reported in 2019 were forced resignations due to pregnancies. Scholars said sex discrimination remained significantly underreported due to workers’ fear of retaliation from employers and difficulties in finding new employment if the worker has a history of making complaints. According to a 2018 survey by the Ministry of Finance, the median monthly income for women was, on average, 87.5 percent of the amount their male counterparts earned.

The law requires 3 percent of the workforce in the public sector and 1 percent of the workforce in the private sector to be persons with disabilities. In 2019, 4.3 percent of the public-sector workforce consisted of persons with disabilities; the private sector continued to fall short of the target. Companies with more than 67 employees failing to meet the target are potentially liable for small fines.

e. Acceptable Conditions of Work

The Ministry of Labor’s Basic Wage Committee sets a minimum wage that is adjusted annually. The minimum wage does not cover workers in categories not covered by the law, such as management employees, medical doctors and other healthcare workers, gardeners, bodyguards, self-employed lawyers, civil servants, contractors for local authorities, and domestic household workers. The minimum wage is above the Ministry of Health and Welfare’s poverty level, although foreign fishermen on vessels operating outside Taiwan’s territorial seas earned significantly below the national minimum wage, and NGOs reported that the monthly take-home pay of some domestic workers was as low as 6.7 percent below the official poverty level. Enacted in January, the Labor Incident Act clarified that employers, not workers, bear the burden of proof in wage and hour disputes.

Regular working hours are eight hours per day and 40 hours per week, with overtime limited to 54 hours per month. The law requires a mandatory rest interval for shift work of eight hours or longer in certain sectors and limits the number of working days to 12 days in a two-week period.

The Ministry of Labor is responsible for enforcing the labor laws in conjunction with the labor agencies of local governments. Employees in “authorized special categories” approved by the Ministry of Labor are exempt from regular working hours stipulated in the law. These include security guards, flight attendants, insurance salespersons, real estate agents, media journalists, public transport drivers, domestic workers, and caregivers. Penalties are not commensurate with those for similar crimes, such as fraud. The ministry effectively enforced is minimum wage and overtime laws.

To respond to concerns from religious leaders that the law did not guarantee a day off for many of the 220,000 foreign caregivers and household workers who wished to attend religious services on a certain day of the week, in September 2019 authorities introduced a “respite care service” to provide substitute caregivers on a per-day basis. Ministry of Labor statistics show employers utilized 23,882 respite-care days in 2019.

The law provides for occupational safety and health standards that are appropriate for the main industries in the economy. A May 2019 Labor Standards Act amendment prescribes to enterprise and dispatching agencies responsibility for occupational injury of temporary workers. The authorities effectively enforced occupational safety and health standards. Workers can remove themselves from a situation that endangers their health and safety and report to their supervisor without jeopardizing their employment. Employers, however, can terminate the employment contract if they can prove the worker abused the right to suspend work and the competent authority has affirmed the employer was in compliance. Employers are subject to civil but not criminal charges when their employees are involved in fatal accidents due to unsafe working conditions. Penalties for violations of occupational safety and health standards were commensurate with those for crimes like negligence. The freight and passenger transportation industries saw higher than average accident rates among drivers working overtime. Their employers often tried to make drivers rather than the companies liable for any accidents.

There were an insufficient number of inspectors for the number of workplaces to be inspected, despite the recruitment of additional 325 inspectors in 2019. Inspectors have the authority to make unannounced inspections. Authorities can fine employers and revoke their hiring privileges for violations of the law, and the law mandates publicizing the names of offending companies. Employers found to be in violation of labor laws during an inspection are not eligible for certain tax reductions or grants.

More than 700,000 foreign workers were employed, primarily from Indonesia, Vietnam, the Philippines, and Thailand; most were recruited through a labor broker. The Ministry of Labor is required to inspect and oversee the brokerage companies to ensure compliance. The ministry also operates a Foreign Worker Direct Hire Service Center and an online platform to allow employers to hire foreign workers without using a broker. Foreign workers may change employers in cases of exploitation or abuse.

The Taiwan International Workers’ Association complained, however, that bureaucratic red tape continued to enable brokers to extract profits from foreign workers and prevented the service center from being used more widely.

The Ministry of Labor maintained a 24-hour toll-free “1955” hotline service in six languages (Mandarin, English, Indonesian, Thai, Tagalog, and Vietnamese) where foreign workers can obtain free legal advice, request urgent relocation and protection, report abuse by employers, file complaints about delayed salary payments, and make other inquiries. All reporting cases are registered in a centralized database for law enforcement to track and intervene if necessary. Among the 186,014 calls in 2019, the hotline helped 5,322 foreign workers to reclaim a total of NT$179 million ($5.97 million) in salary payments.

Foreign workers’ associations maintained that, in spite of the existence of the hotline and authorities’ effective response record, foreign workers were often reluctant to report employer abuses for fear the employer would terminate their contract, subjecting them to possible deportation and leaving them unable to pay off their debt to recruiters.

Foreign workers generally faced exploitation and incurred significant debt burdens during the recruitment process due to excessive brokerage fees, guarantee deposits, and higher charges for flights and accommodations. Brokerage agencies often required workers to take out loans for “training” and other fees at local branches of Taiwan banks in their home countries at high interest rates, leaving them vulnerable to debt bondage. NGOs suggested the authorities should seek further international cooperation with labor-sending countries, particularly on oversight of transnational labor brokers.

Foreign fishermen were commonly subjected to mistreatment and poor working conditions. Domestic labor laws only apply to fishermen working on vessels operating within Taiwan’s territorial waters. Fishermen working on Taiwan-flagged vessels operating beyond Taiwan’s territorial waters (Taiwan’s distant-waters fishing fleet) were not afforded the same labor rights, wages, insurance, and pensions as those recruited to work within Taiwan’s territorial waters. For example, regulations only require a minimum monthly wage of $450 for these foreign fishermen in the distant water fleet, significantly below the domestic minimum wage. NGOs reported that foreign fishing crews in Taiwan’s distant-waters fishing fleet generally received wages below the required $450 per month because of dubious deductions for administrative fees and deposits.

Several NGOs, including Greenpeace and the Taiwan International Workers Association, advocated for the abolishment of this separate employment system, under which an estimated 35,000 migrant workers are employed in Taiwan’s distant-waters fishing fleet. The majority of these fishermen are recruited overseas, mostly from Indonesia and the Philippines. The United Kingdom-registered Environmental Justice Foundation conducted a survey between August 2018 and November 2019 and interviewed 71 Indonesian fishermen who had worked on 62 Taiwanese vessels. The results suggested that 24 percent of foreign fishermen suffered violent physical abuse; 92 percent experienced unlawful wage withholding; 82 percent worked overtime excessively. There were also reports fishing crew members could face hunger and dehydration and have been prevented from leaving their vessels or terminating their employment contracts.

The Fisheries Agency has officers in American Samoa, Mauritius, Fiji, Palau, South Africa, and the Marshall Islands since 2007 as well as inspectors in some domestic ports to monitor and inspect docked Taiwan-flagged long-haul fishing vessels. These Taiwan officials used a multilingual questionnaire to interview foreign fishermen and examine their labor conditions on board. The Fisheries Agency acknowledged they need further capacity building as they can currently conduct labor inspections of only 400 vessels per year.

Uruguay

Executive Summary

The Oriental Republic of Uruguay is a constitutional republic with a democratically elected president and a bicameral legislature. In November 2019 Luis Lacalle Pou won a five-year presidential term in a free and fair election. No political party won a majority in parliament, but the ruling party formed a coalition to pass legislation. Legislative elections were also held in October 2019.

Under the Ministry of Interior, the National Police maintains internal security, and the National Directorate for Migration is responsible for migration and border enforcement. The armed forces, under the Ministry of National Defense, are responsible for external security and have some domestic responsibilities, including perimeter security for six prisons and border security. Civilian authorities maintained effective control over security forces. Members of the security forces committed some abuses and were brought to justice.

Significant human rights abuses included harsh and potentially life-threatening conditions in some prisons.

The government took steps to investigate and prosecute officials who committed human rights abuses, and there were no reports of impunity. The judiciary continued to investigate human rights violations committed during the 1973-85 military dictatorship, which the law classifies as crimes against humanity.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices and the government addressed them with appropriate legal action. Authorities sometimes lacked sufficient enforcement resources and mechanisms to identify and address acts of administrative misconduct. The Transparency and Ethics Board lacked the permanent staff needed to operate effectively as an anticorruption agency. The Access to Information Unit intervenes in cases of requests to access classified or sensitive information; however, it has powers only to make recommendations to government bodies, not to force them to disclose information. The unit conducts training and awareness-raising activities on transparency and access to information. Overall, the country was considered to have a low level of corruption.

Corruption: As of December the case continued against former vice president Raul Sendic for abuse of authority and embezzlement. He was also under a separate investigation by the state-owned oil company ANCAP for allegedly making personal expenditures on an official credit card and mismanaging funds. In December the prosecutor’s office requested a prison sentence of 18 months, a four- year disqualification from working in public positions of trust, and a fine.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials. Each year the Transparency and Ethics Board lists the names of government officials expected to file a declaration on its website and informs the individuals’ organizations of those expected to comply. The government official, the judiciary, a special parliamentary committee, or the board may access the information in the declarations (by majority vote of the board). The board may direct an official’s office to withhold 50 percent of the employee’s salary until the declaration is presented, and it may publish the names of those who fail to comply in the federal register. There is a requirement for filing, but there is no review of the filings absent an allegation of wrongdoing.

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

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

Government Human Rights Bodies: The INDDHH is an autonomous agency with quasi-jurisdictional powers that reports to parliament. It is composed of five board members proposed by civil society organizations and approved by a two-thirds vote in parliament for five-year terms that can be renewed once. The INDDHH is tasked with the defense, promotion, and protection of human rights guaranteed by the constitution and international law. The INDDHH has six thematic reference teams to cover human rights issues on gender, children’s issues, historical human rights abuses, race or ethnicity, environment, and migrants. The INDDHH receives, investigates, and issues recommendations regarding formal complaints of human rights abuse. The NPM functions within the INDDHH, conducting regular monitoring of detention facilities and issuing reports and recommendations. The INDDHH was effective in its human rights objectives.

Parliament’s special rapporteur on the prison system advises lawmakers on compliance with domestic legislation and international conventions. The special rapporteur oversees the work of the institutions that run the country’s prisons and the social reintegration of former inmates. The special rapporteur provided in-depth, independent analysis of the prison situation and carried out the role effectively and constructively.

The Secretariat for Human Rights of the Office of the President is the lead agency for the human rights components of public policy within the executive. The secretariat is led by a governing board composed of the secretary of the Office of the President of the Republic, who acts as chair, and the ministers for foreign affairs, education and culture, interior, and social development. The Working Group for Truth and Justice is an autonomous and independent body responsible for examining human rights violations that occurred between June 1968 and March 1985 under the responsibility or with the acquiescence of the state. The Secretariat for Human Rights for the Recent Past in the Office of the President provides functional and administrative support to the working group.

The Honorary Committee against Racism, Xenophobia, and All Other Forms of Discrimination under the Ministry of Education and Culture analyzes matters of racism and discrimination. The committee includes government, religious, and civil society representatives. It had not been allocated a budget since 2010 but received economic support from the government for some activities.

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

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. The law allows for sentences of three to 16 years’ imprisonment for a person found guilty of rape, and authorities effectively enforced the law. The law criminalizes domestic violence and allows sentences of six months’ to two years’ imprisonment for a person found guilty of committing an act of domestic violence or making continued threats of violence. Civil courts decided most domestic cases, and judges in these cases often issued restraining orders, which were sometimes difficult to enforce.

The government further implemented the gender-based violence law, which builds on existing legislation on domestic violence. The law includes abuse that is physical, psychological, emotional, sexual, based on prejudice for sexual orientation, economic, related to assets, symbolic, obstetric, labor-related, educational, political, or related to media presence. It also includes street sexual harassment and femicide. The law aims to create an institutional response system and establishes specialized courts. It sets minimum standards of support and assistance to be provided by the government, to include shelters for the victims and immediate family members. The law attempts to avoid revictimization in social and legal procedures and seeks to make the judicial process more agile. According to civil society representatives, the law was not being fully implemented due in part to lack of resources. For example, specialized courts provided by the gender law were not established; however, civil society representatives recognized that judges in nonspecialized courts applied criminal definitions included in the new law. NGO representatives underlined the need for more expert training and the need to include gender-based violence in the university curriculum, especially in the health sector.

The criminal procedure code introduced changes to victims’ rights, including guarantees and services during the process, and the creation of a Victims and Witnesses Unit in the Prosecutor General’s Office. Since its establishment, the unit had focused more than 50 percent of its work on victims of gender-based violence. Civil society representatives saw this as a significant improvement for victims, who received support and guidance during criminal proceedings.

A separate femicide law modifies aggravating circumstances for a homicide to include whether the crime “caused the death of a female due to motive of hate or contempt.” The law’s explanatory statement describes femicide as arising from a structural inequality between women and men that uses gender-based violence as a mechanism to oppress women.

The government maintained a Gender-Based Violence Observatory to monitor, collect, register, and analyze data on gender-based violence. During the year the Interior Ministry acquired 700 more electronic anklets, reaching 1,500 anklets in total. The government trained officials on aspects of gender-based violence and sexual assault.

The Ministry of Social Development, some police stations in the interior, the National Institute for Children and Adolescent Affairs (INAU), and NGOs operated shelters where abused women and children could seek temporary refuge. Civil society reported shelters for victims were of good quality, but capacity was insufficient. The ministry also funded the lodging of victims in hotels. The Ministry of Social Development and the Ministry of Housing operated a program that funded two-year leases for approximately 100 victims, pending more permanent housing solutions. According to NGO representatives, immediate and first-response services focused more on providing advice than on offering close and daily support to victims, mainly due to a lack of staffing. Services for victims in the interior of the country were scarcer and more difficult to access, especially for women in isolated rural areas. The Ministry for Social Development and the state-owned telephone company, Antel, maintained a free nationwide hotline operated by trained NGO employees for victims of domestic violence. Victims could also file a report online or at a police station.

The government’s 2016-19 action plan to combat gender-based violence provided for interagency coordination on violence prevention, access to justice, victim protection and attention, and punishment of perpetrators. It also promoted social and cultural awareness and provided training for public servants. The Prosecutor General’s Office has a specialized gender unit that incorporated greater awareness of gender as it relates to matters of justice, promoted respect for women’s rights, combated violence, and enhanced interagency coordination. The Ministry of Interior’s gender unit seeks to ensure a clear policy on gender-based violence in police forces and trains police staff to handle and respond to cases. The omnibus reform bill passed in July established the creation of a National Gender Policies Directorate within the Ministry of Interior. The Prosecutor General’s Office has special prosecutorial teams to investigate and prosecute gender-based violence cases, separate from those working on domestic violence cases. These units focus on the various forms of violence defined in the new law as well as human trafficking cases.

There is also a National Gender Council headed by the Women’s Institute (Inmujeres) of the Ministry of Social Development and with representatives of 26 government and nongovernmental bodies, including the 12 ministries, judicial branch, health administration, INDDHH, academia, civil society, and other actors. The aim of the council is to contribute to the design, assessment, and implementation of policies with a gendered perspective. The council met in an extraordinary session after the outbreak of the COVID-19 crisis to address effects of the pandemic on domestic violence victims. In June it had its first ordinary session, to establish the lines of effort for the 2020-25 period, which would focus on gender-based violence, financial independence of women, decentralization of gender policies, and participation of women in decision-making positions.

With the coronavirus outbreak in March and the resulting isolation measures implemented by the government, civil society began a public messaging campaign warning about the increased risk of gender-based violence and domestic violence victims resulting from confinement. Authorities of the Women’s Institute under the Ministry of Social Development initially detected a drop in reports during the first two weeks of isolation, with a sharp increase after the third week. Measures adopted by the government included strengthening support hotlines, conducting awareness-raising campaigns about reporting channels available, and encouraging the population to be alert to possible abuse cases in their communities. The Ministry of Health designed a protocol to help health staff visiting homes and working in emergency rooms to detect and report possible cases of gender-based violence. The Ministry of Interior and its Gender Policies Division worked to ensure 911 response was available for gender-based violence cases and announced reporting channels for abuses. In addition the Ministry of Social Development increased slots in shelters for mothers with children, and the judicial branch automatically extended precautionary measures that were close to expiration, such as restraining orders that use electronic monitoring anklets.

Sexual Harassment: The law prohibits sexual harassment in the workplace and punishes it by fines or dismissal. The law establishes guidelines for the prevention of sexual harassment in the workplace, as well as in student-professor relations, and provides damages for victims. The Ministry of Labor received reports of sexual harassment, its inspectors investigated claims of sexual harassment, and the ministry issued fines as necessary.

Reproductive Rights: The law provides that couples and individuals can decide the number, spacing, and timing of their children.

Under the law, individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence.

The country recognized, protected, and promoted sexual and reproductive rights without discrimination. Challenges remained, however, in the full implementation of these policies, especially in the interior of the country and for marginalized populations. Adolescents, LGBTI persons, persons with disabilities, and Afro-Uruguayans suffered discrimination in fully accessing contraception and reproductive medical care.

The law provides access to sexual and reproductive health services for survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on part of the government authorities.

Discrimination: The law provides the same legal status and rights for women as for men. Women, however, faced discrimination in employment, pay, credit, education, housing, and business ownership. According to the United Nations, women’s employment was concentrated in a relatively small number of specific occupations and sectors, including services, sales, unskilled labor, domestic work, social services, health services, and education. There are restrictions on women working in factories. According to a study published by the Economic Commission for Latin America and the Caribbean (ECLAC) and UN Women in August, women experienced a 42 percent decrease in their monthly salary 10 years after having their first child, compared with women in similar circumstances who did not have any children.

During the year the Ministry of Labor’s Tripartite Equal Employment Opportunities Commission promoted the inclusion of gender equality clauses in the negotiations conducted by the wage boards, emphasizing equal pay for equal work of value, equal access to quality jobs and training, elimination of discrimination in selection and promotion processes, and guarantees and protections for maternity and responsibility sharing.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or from one’s parents. The government immediately registered all births.

Child Abuse: There are laws against child abuse, and penalties vary according to the type of abuse. Penalties for sexual abuse of minors vary between two and 16 years in prison, depending on the gravity of the case. Penalties for the crime of assault range from three months to eight years in prison, and the penalty for domestic violence is from six months to two years in prison. INAU provided a free, nationwide hotline. INAU’s System for the Protection of Children and Adolescents against Violence (SIPIAV), together with NGOs, implemented awareness campaigns, and SIPIAV coordinated interagency efforts on the protection of children’s rights. In March, SIPIAV disseminated to relevant stakeholders a protocol with guidelines for prevention, detection, of violence against children up to age three, and their protection.

The Ministry of Education coordinated efforts to provide child victims of domestic violence with tools to report abuses using their “One Laptop per Child” program computers.

Child, Early, and Forced Marriage: The legal minimum age for marriage is age 16, but the law requires parental consent through age 18. The law defines forced marriage as a form of exploitation.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. Authorities made efforts to enforce the law.

The human trafficking law defines the use, recruitment, or offering of children and adolescents for sexual exploitation as a form of trafficking. The law establishes the minimum age for consensual sex as 12. When a sexual union takes place between an adult (older than age 18) and a minor younger than age 15, violence is presumed and the statutory rape law, which carries a penalty of two to 12 years in prison, may be applied. Penalties for sex trafficking range from four to 16 years in prison; penalties were increased by one-third to one-half if the trafficking offense involved a child victim. The penalty for child pornography ranges from one to six years in prison, and the law was effectively enforced. The National Committee for the Eradication of the Commercial and Noncommercial Sexual Exploitation of Children and Adolescents continued to implement its national action plan for 2016-21.

The alleged suicide of an 18-year-old girl in 2019 prompted an investigation by the Prosecutor’s Office. The inspection of her cell phone records, which went back to before she turned 18, resulted in the charging of 32 persons for the crime of compensation or offer of compensation in exchange for sexual favors from minors, and to the identification of 18 victims as of September. Most of the accused were businessmen or professionals older than age 50. As of September the first one of the accused was convicted through plea bargaining to three months of house arrest, three months of house arrest at night, 18 months of probation, loss of custody rights to his children, and the payment of a reparation to the victim. This man had only online contact with the victim via the WhatsApp messaging application, not physical contact. The remaining 31 defendants had not yet been tried. As a result of this case, the Prosecutor General’s Office established a special hotline to receive reports of sexual exploitation of minors from victims who had any information.

Institutionalized Children: The NPM reported violations of rights in centers for children and adolescents with disabilities, including their confinement, isolation from their surroundings and communities, and prevention of their inclusion and rehabilitation.

The NPM also reported violation of rights in the temporary processing centers where children or adolescents separated from their families were initially sent for first response, diagnosis, and evaluation. Violations included prolonged stays, overcrowding, stressful confinement conditions, lack of required support staff, and mistreatment.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Central Jewish Committee reported that the Jewish community had an estimated population of 12,000 to 18,000.

Jewish leaders reported acts of anti-Semitism, including verbal harassment and aggressive behavior toward Jewish individuals.

Trafficking in Persons

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

Persons with Disabilities

The law protects the rights and prohibits abuse of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. According to the INDDHH, persons with disabilities continued to experience human rights abuses. Persons with disabilities living in both private and government-run facilities were unprotected and vulnerable due to lack of effective mechanisms for supervision. According to an August report on social inclusion published by the World Bank, persons with disabilities faced numerous obstacles, especially in the labor market, education, and public spaces. While the national rate of persons who completed only primary education or less was 40 percent, among persons with disabilities it reached 57 percent, and among persons with severe disabilities it was 72.5 percent. According to the study, only 450 of 1,500 buses in Montevideo were accessible to persons with disabilities, and they operated with limited frequency and in limited areas of the city, significantly restricting mobility of persons with disabilities. The report also emphasized the lack of adequate data to analyze this problem and therefore adequately address the needs of the disability community.

The government did not always effectively enforce provisions for persons with disabilities. Civil society representatives stated there was a general lack of services for persons with disabilities in the country’s interior. The Ministry of Social Development administered several programs that provided assistive devices, temporary housing support, caregiving services, legal assistance, access to transportation, education, vocational training, and employment services.

The law grants children with disabilities the right to attend school (primary, secondary, and higher education). NGOs reported some public schools built after enactment of the law protecting persons with disabilities did not comply with accessibility requirements and usually did not have resources to meet the specific needs of students with disabilities. An international organization reported there were still “special schools” for children with disabilities, resulting in a situation of segregation for these children. An international organization also reported there were very few adolescents with disabilities in secondary education. Ramps built at public elementary and high schools facilitated access, but some government buildings, commercial sites, movie theaters, and other cultural venues as well as many public sidewalks lacked access ramps. NGO representatives reported hospitals and medical services were not always accessible to patients with disabilities. Medical staff often lacked training to deliver primary care and attention to these patients. Plan Ceibal continued to offer adapted laptops to children with disabilities. Open television channels are required by law to have simultaneous sign-language interpretation or subtitles on informational and some other programs, which were included.

Members of National/Racial/Ethnic Minority Groups

The constitution and the law prohibit discrimination based on race or ethnicity, and government made efforts to enforce the law. Despite this, the country’s Afro-Uruguayan minority continued to face societal discrimination, high levels of poverty, and lower levels of education. According to a World Bank report published in August, Afro-Uruguayans had almost twice the likelihood of residing in informal settlements with the worst social-economic indicators, compared with the general population. The report also stated that although Afro-Uruguayans had access to health care, they were more dependent on the public health provider ASSE than the rest of the population. While 30.5 percent of the population used public health services, the number for Afro-Uruguayans amounted to almost 48 percent. While 63 percent of the population sought prepaid health care from collective medical care institutions, approximately 46 percent of Afro-descendants used these services. Afro-descendants had lower levels of education in general, but the gap was considerably wider for secondary and higher education. The INDDHH and Honorary Commission against Racism, Xenophobia, and All Forms of Discrimination continued to receive complaints of racism. NGOs reported “structural racism” in society and noted the percentage of Afro-Uruguayans working as unskilled laborers was much higher than for other groups.

The National Police Academy, National School for Peacekeeping Operations of Uruguay, and Ministry of Foreign Affairs’ School of Diplomacy included discrimination awareness training as part of their curricula. The Ministry of Interior organized workshops to review police protocols and procedures involving ethnicity issues for police around the country. The Ministry of Social Development and the interagency antidiscrimination committee held awareness-raising workshops for their staff.

Afro-Uruguayans were underrepresented in government. Two Afro-Uruguayan representatives served in the 130-seat parliament after the October 2019 elections, including the first Afro-Uruguayan to be elected to the Senate. The law grants 8 percent of state jobs to Afro-Uruguayan minority candidates who comply with constitutional and legal requirements, although the required percentage had not been reached. The National Employment Agency is required to include Afro-Uruguayans in its training courses. The law requires all scholarship and student support programs to include a quota for Afro-Uruguayans, and it grants financial benefits to companies that hire them. Nonetheless, the United Nations reported it was difficult to ensure the ethnoracial perspective was included in all scholarship programs to meet the quotas.

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

Leaders of civil society organizations reported that despite the legal advancement of lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues, societal discrimination remained high. NGOs also reported that although the law establishes the right of transgender persons to sex reassignment surgery, this was available only for transgender women (male to female). NGOs reported the commission in charge of name changes was overwhelmed with the workload increase resulting from the new law.

Authorities generally protected the rights of LGBTI persons. According to Amnesty International, however, the country did not have any comprehensive, antidiscrimination policy that protected LGBTI citizens from violence in schools and public spaces or provided for their access to health services. The Latin America and Caribbean Transgender Persons Network (REDLACTRANS) presented a study showing that human rights violations against transgender women included discrimination, violence and aggression, theft, violation of the right to access justice, harassment, and homicide, among others. Discrimination toward transgender women was typically worse in the interior of the country, which tended to be more conservative and had smaller populations.

REDLACTRANS reported most transgender persons did not finish high school and that most transgender women worked in the informal sector, where their social benefits were not always guaranteed. They tended to be more vulnerable to dangerous and uncomfortable situations in sexual work and were less likely to report threats or attacks. In 2016 the government reported that 30 percent of transgender persons were unemployed, only 25 percent worked in the formal sector, 70 percent were sex workers, and the majority had low levels of education. Civil society reported it was less frequent for transgender men to be expelled from their home but that there was a high rate of depression and suicide attempts among this population. Observers also noted that, because they did not complete their education, transgender men usually had unskilled and low-paying jobs.

HIV and AIDS Social Stigma

There were isolated reports of societal discrimination against persons with HIV or AIDS.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and the law, including related regulations and statutory instruments, protect the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government and employers respected freedom of association and the right to collective bargaining in practice. Civil servants, employees of state-run enterprises, private-enterprise workers, and legal foreign workers may join unions. The law prohibits antiunion discrimination and requires employers to reinstate workers fired for union activities and pay them an indemnity. Workers in the informal sector are excluded from these protections.

An omnibus reform bill passed in July introduced changes that affected the right to strike. The law establishes that strikers may not occupy places of work and prevent nonstrikers and management staff from entering the building. In addition, the law states that pickets that prevent the free circulation of persons, goods, or services in public spaces or private spaces of public use are not allowed. Unions had been vocal in their assertion that this is a limitation to the right to protest.

The government effectively enforced applicable labor laws, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

Worker organizations operated free of government and political intervention. Labor union leaders were strong advocates for public policies and even foreign policy issues and remained very active in the political and economic life of the country. In June 2019 the International Labor Organization (ILO) selected the country to be analyzed by the ILO Committee on Application of Standards, due to noncompliance with Convention 98 on collective bargaining. According to the committee, tripartite bodies can negotiate only wages, while terms and conditions of work should be negotiated bilaterally between employers and workers organizations. The convention states collective bargaining should be voluntary; however, in practice it was mandatory. During the international labor conference in June 2019, the committee called on the government to review and change the country’s legislation on collective bargaining before November.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor, and the government effectively enforced the law. The law establishes penalties of four to 16 years in prison for forced labor crimes. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Information on the effectiveness of inspections and governmental remedies was not available. Foreign workers, particularly from Argentina, Bolivia, Brazil, Cuba, the Dominican Republic, Paraguay, Peru, and Venezuela, were vulnerable to forced labor in agriculture, construction, domestic service, cleaning services, elderly care, wholesale stores, textile industries, agriculture, fishing, and lumber processing. Domestic workers employed in the less-monitored interior of the country were at greater risk of trafficking. Cuban and Venezuelan migrant workers were subject to forced agricultural labor in Canelon Chico, north of Montevideo. Migrant women were the most vulnerable as they were often exposed to sexual exploitation. Foreign workers aboard foreign-flagged fishing vessels docked at the Montevideo port and in Uruguay’s waters may have been subjected to abuses indicative of forced labor, including unpaid wages, confiscated identification, a complete absence of medical and dental care, and physical abuse. According to an NGO representative, since 2013 an average of one dead crewmember per month from these vessels had been recorded, several due to poor medical care.

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 provides for a minimum age of employment, limitations on working hours, and occupational safety and health restrictions for children. The law sets the minimum age for employment at age 15 but does not apply to all sectors, such as hazardous work. INAU may issue work permits for children ages 13 to 15 under exceptional circumstances specified by law. Minors ages 15 to 18 must undergo physical exams prior to beginning work and renew the exams yearly to confirm that the work does not exceed the physical capacity of the minor. Children ages 15 to 18 may not work more than six hours per day within a 36-hour workweek and may not work between 10 p.m. and 6 a.m. The minimum age for hazardous work is 18, and the government maintains a list of hazardous or fatiguing work that minors should not perform and for which it does not grant permits.

The Ministry of Labor is responsible for overall compliance with labor regulations, but INAU is responsible for enforcing child labor laws. Due to a lack of dedicated resources, enforcement was mixed and particularly poor in the informal economy, where most child labor occurred. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping, or even harsher. Violations of child labor laws by companies and individuals are punishable by fines determined by an adjustable government index. Parents of minors involved in illegal child labor may receive a sentence of three months to four years in prison, according to the penal code. These penalties were sufficient to deter violations.

The main child labor activities reported in the interior of the country were work on small farms, maintenance work, animal feeding, fishing, cleaning milking yards, cattle roundup, beauty shops, at summer resorts, and as kitchen aids. In Montevideo the main labor activities were in the food industry, including supermarkets, fast food restaurants, and bakeries, and in services, gas stations, customer service, delivery services, cleaning, and kitchen aid activities. Informal-sector child labor continued to be reported in activities such as begging, domestic service, street vending, garbage collection and recycling, construction, and in agriculture and forestry sectors, which were generally less strictly regulated and where children often worked with their families.

INAU worked with the Ministry of Labor and the state-owned insurance company BSE to investigate child labor complaints and worked with the Prosecutor General’s Office to prosecute cases. According to INAU, there were an estimated 60,000 children and adolescents working in informal and illegal activities.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV status, or other communicable diseases. In general, the government effectively enforced applicable law and regulations, and penalties were sufficient to deter violations. The Labor and Social Security Inspection Division of the Ministry of Labor and Social Security investigates discrimination and workplace abuse claims filed by union members.

Discrimination in employment and occupation occurred mostly with respect to sex, race, disability, gender identity, and nationality. According to UN Women, the number of gainfully employed, paid women decreases as they have more children, which did not happen to men. Women earned lower wages than their male counterparts, an average 25 percent less in similar circumstances, and only an estimated 20 percent of companies claimed to have women in leadership positions. According to a study published by ECLAC and UN Women in August, 10 years after having their first child, women experienced a 42 percent decrease in their monthly salary, compared with women in similar circumstances who did not have any children.

According to a report on social exclusion published by the World Bank in August, Afro-Uruguayans earned 20 percent less than the rest of the population for the same work. Afro-Uruguayan women had the highest unemployment rate, amounting to 14.1 percent, compared with 8 percent for the general population. The law requires that 8 percent of government positions be filled with Afro-Uruguayans. The National Office of the Civil Service oversees compliance with the Afro-Uruguayan (and other) employment quota requirements and submits reports to parliament. The office stated that in 2019 the percentage of vacancy announcements for positions calling for Afro-Uruguayan applicants had reached the 8 percent required by the law for the first time in history.

The August World Bank report also stated that participation in the labor market among persons with disabilities amounted to 59.5 percent, compared with 76 percent for persons who did not report disabilities. The law requires a 4 percent quota for hires in the public and private sectors. According to reports of the National Office of the Civil Service, only 1.3 percent of civil service hires were persons with a disability. The requirement for the private sector was very recent and would be implemented gradually, so there were no figures available during the year. Furthermore, the report showed that transgender persons, especially transgender men, had the worst employment indicators in the entire population. Only 66 percent of the transgender population was employed; the unemployment rate among transgender women was 30 percent and 43 percent among transgender men. Among those employed, approximately one-third were sex workers. A law for transgender persons sets an employment quota for transgender persons in the public sector of 1 percent, but the National Office of the Civil Service reported that only 0.03 percent of civil service hires corresponded to transgender persons.

Foreign workers, regardless of their national origin or citizenship status, were not always welcome and continued to face challenges when seeking employment. The International Organization for Migration reported that several foreign workers were removed from positions with face-to-face customer interaction due to complaints by customers about their foreign accents. The government took steps to prevent and eliminate discrimination (see sections 5 and 6).

e. Acceptable Conditions of Work

The law provides for a national minimum wage, and the monthly minimum wage for all workers was above the poverty line. The government effectively enforced wage laws, and penalties were commensurate with those for similar crimes, such as fraud. Formal-sector workers, including domestic and migrant workers and workers in the agricultural sector, are covered by laws on minimum wage and hours of work. These laws do not cover workers in the informal sector, who accounted for 24 percent of the workforce. Workers in the construction and agricultural sectors were more vulnerable to labor rights violations.

The law stipulates that persons cannot work more than eight hours a day, and the standard workweek for those in the industrial and retail sectors may not exceed 44 or 48 hours, with daily breaks of 30 minutes to two and one-half hours. The law requires that workers receive premium pay for work in excess of regular work schedule hours. The law entitles all workers to 20 days of paid vacation after one year of employment and to paid annual holidays, and it prohibits compulsory overtime beyond a maximum 50-hour workweek. Employers in the industrial sector are required to give workers either Sunday off or one day off every six days of work (variable workweek). Workers in the retail sector are entitled to a 36-hour block of free time each week. Workers in the rural sector cannot work more than 48 hours in a period of six days.

The Ministry of Labor is responsible for enforcing the minimum monthly wage for both public- and private-sector employees and for enforcing legislation regulating health and safety conditions. The ministry had 120 labor inspectors throughout the country, which was sufficient to enforce compliance. The number of penalties imposed for labor violations was unavailable.

The government monitors wages and other benefits, such as social security and health insurance, through the Social Security Fund and the Internal Revenue Service. The Ministry of Public Health’s Bureau of Environment and Occupational Work is responsible for developing policies to detect, analyze, prevent, and control risk factors that may affect workers’ health. In general authorities effectively enforced these standards in the formal sector but less so in the informal sector.

The Labor Ministry’s Social Security Fund monitors domestic work and may obtain judicial authorization to conduct home inspections, some unannounced, to investigate potential labor law violations and initiate sanctions if necessary. Conditions for domestic workers include labor rights, social security benefits, wage increases, and insurance benefits. Although 37 percent of domestic workers were employed in the informal sector, it was half the percentage of 10 years ago.

By law workers may not be exposed to situations that endanger their health or safety and may remove themselves from such situations without jeopardy to their employment. Government authorities and unions protected employees who removed themselves from such activities. The Ministry of Agriculture is responsible for carrying out safety and health inspections in the agricultural sector.

The Ministry of Labor sets occupational safety and health (OSH) standards, and the standards were current and appropriate for the main industries in the country. The government effectively enforced OSH laws. Penalties for violations of OSH laws were commensurate with those for crimes, such as negligence.

In some cases workers were not informed of specific hazards or employers did not adequately enforce labor safety measures.