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Afghanistan

Executive Summary

Afghanistan is an Islamic republic with a directly elected president, a bicameral legislative branch, and a judicial branch; however, armed insurgents control some portions of the country. On September 28, Afghanistan held presidential elections after technical issues and security requirements compelled the Independent Election Commission (IEC) to reschedule the election multiple times. To accommodate the postponements, the Supreme Court extended President Ghani’s tenure. The IEC delayed the announcement of preliminary election results, originally scheduled for October 19, until December 22, due to technical challenges in vote tabulations; final results scheduled for November 7 had yet to be released by year’s end.

Three ministries share responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the National Directorate of Security (NDS). The Afghan National Police (ANP), under the Ministry of Interior, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. The Major Crimes Task Force (MCTF), also under the Ministry of Interior, investigates major crimes including government corruption, human trafficking, and criminal organizations. The Afghan National Army, under the Ministry of Defense, is responsible for external security, but its primary activity is fighting the insurgency internally. The NDS functions as an intelligence agency and has responsibility for investigating criminal cases concerning national security. The investigative branch of the NDS operated a facility in Kabul, where it held national security prisoners awaiting trial until their cases went to prosecution. Some areas were outside of government control, and antigovernment forces, including the Taliban, instituted their own justice and security systems. Civilian authorities generally maintained control over the security forces, although security forces occasionally acted independently.

Armed insurgent groups conducted major attacks on civilians and targeted killings of persons affiliated with the government.

Significant human rights issues included: unlawful killings by insurgents; extrajudicial killings by security forces; forced disappearances by security forces and antigovernment personnel; reports of torture by security forces and antigovernment entities; arbitrary detention by government security forces and insurgents; government corruption; lack of accountability and investigation in cases of violence against women, including those accused of so-called moral crimes; recruitment and use of child soldiers and sexual abuse of children, including by security force members and educational personnel; trafficking in persons; violence by security forces against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and criminalization of consensual same-sex sexual conduct.

Widespread disregard for the rule of law and official impunity for those responsible for human rights abuses were serious, continuing problems. The government did not prosecute consistently or effectively abuses by officials, including security forces.

Antigovernment elements continued to attack religious leaders who spoke against the Taliban. During the year many progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. The Taliban and ISIS-Khorasan Province (ISIS-K) used child soldiers as suicide bombers and to carry weapons. Other antigovernment elements threatened, robbed, kidnapped, and attacked government workers, foreigners, medical and nongovernmental organization (NGO) workers, and other civilians. The UN Assistance Mission in Afghanistan (UNAMA) reported 8,239 civilian casualties in the first nine months of the year, with 62 percent of these casualties attributed to antigovernment actors. Taliban propaganda did not acknowledge responsibility for civilian casualties, separating numbers into “invaders” and “hirelings.” The group also referred to its attacks that indiscriminately killed civilians as “martyrdom operations.”

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.

Freedom of Expression: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. Discussion of a political nature is also more dangerous for those living in contested or Taliban-controlled areas. Government security agencies increased their ability to monitor the internet, including social media platforms. This monitoring did not have a perceptible impact on social media use.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Implementation of the Access to Information Law remained inconsistent and media reported consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters without Borders (Reporters Sans Frontieres, RSF) reported the government did not fully implement the Access to Information Law and that therefore journalists often did not receive access to information they seek.

Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and government-related figures attempting to influence how they are covered in the news. The Committee to Protect Journalists reported that 13 journalists were killed in connection to their work in 2018, including nine journalists killed in an ISIS-K suicide bombing. Local NGO Nai Supporting Open Media in Afghanistan released findings that violence against journalists declined by 50 percent in the first six months of the year compared with the first six months of 2018. In February, two journalists, Shafiq Arya and Rahimullah Rahmani, were shot and killed by unknown assailants at local radio station Radio Hamsada in Takhar Province.

A rapid expansion in the availability of mobile phones, the internet, and social media provided many citizens greater access to diverse views and information. The government publicly supported media freedom and cooperated with initiatives to counter security threats to media.

Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, and others in positions of power at times threatened or harassed journalists because of their coverage. According to RSF, female journalists were especially vulnerable.

Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Provincial media is also more susceptible to antigovernment attacks. According to news reports, a Samaa radio station was forced to shut down its operations for the third time since 2015 because of threats from a local Taliban commander.

Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and dailies openly criticized the government. Still, there were concerns that violence and instability threatened journalists’ safety. Due to high levels of illiteracy, most citizens preferred broadcast to print or online media. A greater percentage of the population, including those in distant provinces, had access to radio over other forms of media.

Violence and Harassment: Government officials and private citizens used threats of violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. On May 2, Presidential Protective Service guards at the palace physically assaulted a broadcast journalist from 1TV television. In June an NDS employee beat the Ariana News reporter and cameraperson who was covering the controversial closing of an Afghan-Turk school in Kabul.

The Afghan Journalist Safety Committee (AJSC) reported three journalists killed in the first six months of the year. It recorded 45 cases of violence against journalists, which included killing, beating, inflicting injury and humiliation, intimidation, and detention of journalists–a 50 percent decrease from the first six months of 2018. Government-affiliated individuals or security forces were responsible for 18 instances of violence, half as many as in 2018 when 36 cases were attributed to them. Instances of violence attributed to the Taliban and ISIS-K also declined sharply from 2018–from 37 cases to seven cases. The organization insisted the reduction was not due to better protection from the government but rather due to a lower number of suicide attacks by antigovernment forces, as well as media companies’ adaptation to the reality of violence by not sending journalists for live coverage of suicide attacks and other self-imposed safety measures.

The Taliban continued to attack media organizations and warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.” In June the Taliban commission threatened media to stop transmitting “anti-Taliban advertisements” within one week or “reporters and staff members will not remain safe.”

Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals. They also reported local governmental authorities were less cooperative in facilitating access to information.

In 2016 the Office of the National Security Council approved a new set of guidelines to address cases of violence against journalists, but these guidelines were not fully implemented. The initiative created a joint national committee in Kabul and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported that, although the committee met and referred cases to the AGO, it did not increase protection for journalists.

Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to the AJSC, there were no female journalists in nine provinces: Farah, Laghman, Logar, Nuristan, Paktika, Paktiya, Sar-e Pul, Uruzgan, and Zabul.

Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Journalists and NGOs reported that, although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials rarely were held accountable. A survey by an NGO supporting media freedom showed more than one-half of journalists were dissatisfied with the level of access to government information and found that one-third of government offices did not have dedicated offices for providing information to the public. Most requests for information from journalists who lack influential connections inside the government or international media credentials are disregarded and government officials often refuse to release information, claiming it is classified.

Libel/Slander Laws: The penal code and the mass media law prescribe jail sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.

National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.

Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.

Women in some areas of the country say their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by Taliban in insurgent-controlled areas as well as religious leaders.

Internet Freedom

The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority.

Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high prices, a lack of local content, and illiteracy.

There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment.

Academic Freedom and Cultural Events

Academic freedom is largely tolerated in government-controlled areas. In addition to public schooling, there has been growth in private education, with new universities enjoying full autonomy from the government. Government security forces and the Taliban have both taken over schools to use as military posts. The expansion of Taliban control in rural areas left an increasing number of public schools outside government control. The Taliban operated an education commission in parallel to the official Ministry of Education. Although their practices varied among areas, some schools under Taliban control reportedly allowed teachers to continue teaching but banned certain subjects and replaced them with Islamic studies. In February the NDS arrested Kabul University lecturer Mawlai Mubashir Muslimyar on charges of encouraging approximately 16 students to carry out terrorist attacks.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the government limited these freedoms in some instances.

Freedom of Peaceful Assembly

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year; however, police sometimes fired live ammunition when attempting to break up demonstrations. Protests were also vulnerable to attacks by ISIS-K and the Taliban. In January the Wolesi Jirga, or lower house of parliament, voted to reject a presidential decree that would have given police broad authority to prevent demonstrations.

Freedom of Association

The constitution provides for the right to freedom of association, and the government generally respected it. The 2009 law on political parties requires political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. The law prohibits employees and officials of security and judicial institutions, specifically the Supreme Court, AGO, Ministry of Interior, Ministry of Defense, and NDS, from political party membership while government employees. Noncompliant employees are subject to dismissal.

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s freedom of movement without male consent or a male chaperone. The greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel. In August the Taliban captured Dasht-e-Archi District, Kunduz Province and Pul-i-Khumri District, Baghlan Province, blocking roads leading to the Kabul highway for more than two weeks.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern. The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.

Access to Asylum: The government had yet to adopt a draft national refugee law or asylum framework. Nonetheless, UNHCR registers, and mitigates protection risks of approximately 500 refugees in urban areas throughout the country. The country also hosts some 76,000 Pakistani refugees who fled Pakistan in 2014; UNHCR registered some 41,000 refugees in Khost Province and verified more than 35,000 refugees in Paktika Province.

Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on its territory, or assist in their voluntary return to their homes. The IOM reported undocumented returns from Iran and Pakistan totaled 504,977 from January 1 to December 29, with 485,096 from Iran and 19,881 from Pakistan. Registered refugee returns from Pakistan slowed to historically low levels during the year, with just 2,000 returns as of June 22. In addition to these numbers, there were 23,789 undocumented Afghan returnees from Turkey.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the opportunity to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The right to vote may be stripped for certain criminal offenses. For instance, in September the Electoral Complaints Commission (ECC) reportedly fined Border and Tribes minister Gul Agh Shirzai and removed his right to vote for improper campaign activities. Violence from the Taliban and other antigovernment groups and widespread allegations of fraud and corruption interfered with, but did not derail, the presidential election.

Elections and Political Participation

Recent Elections: The presidential election was originally scheduled for April but was postponed until September 28. Official turnout figures were not released by year’s end, but according to media reports, low voter turnout resulted from security threats, less robust campaigning by candidates, voter apathy, the decoupling of the presidential and provincial elections that traditionally helped drive local mobilization networks, and cultural sensitivities regarding mandatory photographs for women voters, among other factors. According to the United Nations, the Taliban carried out a deliberate campaign of violence and intimidation, including on polling centers located in schools and health facilities during the presidential election. It found these attacks targeting the electoral process caused 458 civilian casualties (85 killed and 373 injured) from the start of the top-up registration on June 8 through September 30, two days after the presidential election. These figures include 100 incidents on September 28, the day of the election, resulting in 277 civilian casualties (28 killed and 249 injured). According to the United Nations, civilian casualty levels were higher on September 28 than on polling day for the first round and second rounds of the 2014 presidential election. On December 22 (after its October 19 deadline), IEC officials released preliminary results, indicating that President Ghani secured re-election with 50.64 percent of the vote. Final results had yet to be released by year’s end. Although election experts noted technical improvements in the electoral procedures, there were concerns regarding the electoral bodies’ ability to ensure transparency during the results tabulation process. The ECC investigation into approximately 16,500 electoral complaints continued at year’s end.

Political Parties and Political Participation: The Political Party Law of 2003 grants parties the right to exist as formal institutions. The law provides that any citizen 25 years old or older may establish a political party. The law requires parties to have at least 10,000 members from the country’s 34 provinces to register with the Ministry of Justice, conduct official party business, and introduce candidates in elections. Only citizens 18 years old or older and who have the right to vote may join a political party. Certain members of the government, judiciary, military, and government-affiliated commissions are prohibited from political party membership during their tenure in office.

In large areas of the country, political parties could not operate due to insurgencies and instability.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. The October 2018 parliamentary election produced approximately the same level of female voter turnout as in the 2010 parliamentary election; however, there was an increase in the participation of female candidates. Absent reliable data, civil society, think tanks, and election monitoring organizations assessed that women’s participation across the country varied according to the security conditions and social norms. There was lower female voter turnout in provinces where communities purposely limited female participation in the democratic process, where lack of security was a concern, or both. Conflict, threats, financial constraints, corruption, conservative family members, and a greater number of polling centers available to male voters than women, put female voters at a disadvantage. Women reported security threats in the provinces of Maidan, Nuristan, Paktiya, Uruzgan, Wardak, and Zabul. Men in these provinces prohibited women from signing voter registration documents, thereby denying them the right to vote. There were reports some men declared voting a sin, and those who demonstrated some degree of flexibility said women should vote for male candidates. Ahead of the September 28 presidential election, members of a women’s association in the eastern province of Khost reportedly stated they would not be able to vote because they viewed as offensive a voter identification requirement to have their photos taken.

The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga, the constitution mandates that at least two women shall be elected from each province (for a total of 68). The IEC finalized 2018 parliamentary election results in May, and 418 female candidates contested the 250 seats in the Wolesi Jirga in the 2018 parliamentary election. In Daikundi Province a woman won a seat in open competition against male candidates, making it the only province to have more female representation than mandated by the constitution. The constitution also mandates one-half of presidential appointees must be women. It also sets aside 10 seats in the Wolesi Jirga for members of the Kuchi minority (nomads). In the Meshrano Jirga (upper house of the National Assembly), the president’s appointees must include two Kuchis and two members with physical disabilities. One seat in the Meshrano Jirga and one in the Wolesi Jirga is reserved for the appointment or election of a Sikh or Hindu representative, although this is not mandated by the constitution.

Traditional societal practices continue to limit women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely contributed to the central government’s male-dominated composition. The 2016 electoral law mandates that 25 percent of all provincial, district, and village council seats “shall be allocated to female candidates.” Neither district nor village councils were established by year’s end.

Women active in government and politics continued to face threats and violence and were targets of attacks by the Taliban and other insurgent groups. No laws prevent minorities from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the majority Pashtun ethnic group have more seats than any other ethnic group in both houses of parliament, but they do not have more than 50 percent of the seats. There was no evidence authorities purposely excluded specific societal groups from political participation.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. The government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Reports indicated corruption was endemic throughout society, and flows of money from the military, international donors, and the drug trade continued to exacerbate the problem. Local businessmen complained government contracts were routinely steered to companies that pay a bribe or have family or other connections to a contracting official.

According to prisoners and local NGOs, corruption was widespread across the justice system, particularly in connection with the prosecution of criminal cases and in arranging release from prison. For example, as in previous years, there were multiple reports that judges would not release prisoners who had served their sentences without receiving payment from family members. There were also reports that officials received unauthorized payments in exchange for reducing prison sentences, halting investigations, or outright dismissing charges.

During the year Freedom House reported inadequately trained judges and extensive corruption in the judiciary, with judges and lawyers often subject to threats and bribes from local leaders or armed groups.

During the year there were reports of “land grabbing” by both private and public actors. Most commonly, businesses illegally obtained property deeds from corrupt officials and sold the deeds to unsuspecting prospective homeowners who were later prosecuted. Other reports indicated government officials confiscated land without compensation with the intent to exchange it for contracts or political favors. There were reports provincial governments illegally confiscated land without due process or compensation in order to build public facilities.

Corruption: UNAMA found that from the Anti-Corruption Justice Center’s (ACJC) inception in 2016 to mid-May, the ACJC tried 223 defendants in 57 cases before its trial chamber and 173 defendants in 52 cases before its appellate chamber. Of its cases against 117 accused, 36 were decided after appeal to the Supreme Court, the report stated. It also issued 127 warrants and summonses of which only 13 warrants and 39 summonses could be executed to date, with only a single defendant tried as a result. According to UNAMA, the number of defendants tried in their absence before the ACJC remained high at 20 percent. The number of cases has declined since 2017, and the rank of the accused generally dropped, although the amounts ordered by the court in compensation, restitution, and confiscation marginally increased.

A series of violent attacks by insurgents against Afghan judges, prosecutors, and prison officials during the year made members of the judicial sector increasingly fearful in carrying out their duties. According to Afghan government and media reports, since 2015 an estimated 300 judges, prosecutors, prison personnel, and other justice workers were killed, injured, or abducted. During the year at least 29 were targeted: three judges, one court clerk, three prosecutors, and 14 prison officials were killed; three prosecutors and two prison officials were injured; and three prisons officials were taken hostage. Justice professionals came under threat or attack for pursuing certain cases–particularly corruption or abuse-of-power cases–against politically or economically powerful individuals.

According to various reports, many government positions, including district or provincial governorships, ambassadors, and deputy ministers could be suborned. Government officials with reported involvement in corruption, the drug trade, or records of human rights abuses reportedly continued to receive executive appointments and served with relative impunity. Former minister of communication and information technology, Abdul Razaaq Wahidi, was accused of corruption in the form of embezzling revenue from a mobile phone tax. Although convicted by a lower court, in July an appeals court acquitted Wahidi.

There were allegations of widespread corruption, and abuse of power by officers at the Ministry of Interior. Provincial police reportedly extorted civilians at checkpoints and received kickbacks from the drug trade. Police reportedly demanded bribes from civilians to gain release from prison or avoid arrest. Senior Ministry of Interior officials also refused to sign the execution of arrest warrants. In one case Ministry of Interior officers served as the protective detail of warrant-target Major General Zamari Paikan and drove him in a Ministry of Interior armored vehicle. The Ministry of Defense also provided protection to Paikan. The ACJC convicted General Paikan in absentia for corruption in 2017 and sentenced him to 8.5 years’ imprisonment, but the Ministry of Interior had yet to arrest him by year’s end.

On August 15, former Kabul Bank chief executive Khalilullah Ferozi was released to house arrest reportedly for health reasons. Presidential candidate and former NDS head Rahmatullah Nabil alleged that the release came after a $30 million donation to President Ghani’s re-election campaign. Following the bank’s collapse in 2010, Ferozi was convicted in 2013 and ordered, along with bank founder Sherkhan Farnood, to repay more than $800 million in embezzled funds. Ferozi’s release came with less than a year left in his sentence. Farnood died in prison in 2018.

Financial Disclosure: A 2017 legislative decree established the Administration on Registration and Assets of Government Officials and Employees (Registration Administration) under the administrative office of the president. All government officials, employees, and elected officials are required to declare their assets. The Registration Administration was responsible for collecting, verifying, and publishing information from high-ranking government officials. Under the law all government officials and employees must submit financial disclosures on all sources and levels of personal income for themselves and their immediate family annually and when they assume or leave office. Individuals who do not submit forms or are late in submission are subject to suspension of employment, salary, and travel bans. The AGO imposed travel bans on individuals who did not submit their forms; however, the bans were not regularly enforced, especially for high-level officials. For instance, although the website of the Administrative Office of the Palace showed several high-ranking government officials failed to register their assets, it was public knowledge they frequently travelled internationally. Employment and salary bans were not imposed.

As of April the Registration Administration successfully registered assets of nearly 17,000 government employees. Verification of assets continued to be slow and problematic for the administration due to lack of organized systems in some government offices. Public outreach by the Registration Administration allowed civil society and private citizen the opportunity to comment on individual declarations. As of April, 141 members of the lower house of parliament declared their assets and 68 members of the upper house of parliament registered 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. Human rights activists continued to express concern that human rights abusers remained in positions of power within the government.

The penal code incorporates crimes against humanity provisions from the Rome Statute.

Government Human Rights Bodies: The constitutionally mandated AIHRC continued to address human rights problems, but it received minimal government funding and relied almost exclusively on international donor funds. The independence of the institution was called into question following the abrupt replacement of all nine commissioners on July 17, immediately prior to the July 28 start of the presidential campaign and after the presidential palace rejected a list of 27 candidates submitted by the AIHRC Appointment Committee nine months prior. UNAMA released a statement calling for a “truly independent national human rights institution.” Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotic, Intoxicating Items, and Ethical Abuse Committee; and the Judicial, Administrative Reform, and Anticorruption Committee. In the Meshrano Jirga, the Committee for Gender and Civil Society addresses human rights concerns.

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

Women

Rape and Domestic Violence: The EVAW presidential decree was first issued in 2009 and was reinforced by another presidential decree in 2018. Implementation and awareness of the law remain a serious challenge. The law criminalizes 22 acts of violence against women, including rape; battery or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The penal code criminalizes rape of both women and men. The law provides for a minimum sentence of five to 16 years’ imprisonment for conviction of rape, or up to 20 years if one or more aggravating circumstances is present. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The penal code also explicitly criminalizes statutory rape and, for the first time, prohibits the prosecution of rape victims for zina. The law provides for imprisonment of up to seven years for conviction of “aggression to the chastity or honor of a female [that] does not lead to penetration to anus or vagina.” Under the law rape does not include spousal rape. Authorities did not always fully enforce these laws, although the government was implementing limited aspects of EVAW including through EVAW prosecution units.

Prosecutors and judges in remote provinces were frequently unaware of the EVAW law or received pressure to release defendants due to familial loyalties, threat of harm, or bribes, or because some religious leaders declared the law un-Islamic. Female victims faced stringent or violent societal reprisal, ranging from imprisonment to extrajudicial killing.

The penal code criminalizes forced virginity testing except when conducted pursuant to a court order or with the consent of the individual. Awareness and enforcement of this change remained limited. There were reports police, prosecutors, and judges continued to order virginity tests in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subject to virginity tests.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the “injury and disability” and beating provisions in the EVAW law. According to NGO reports, millions of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, and other individuals, compounded by parallel legal systems and ineffective institutions of state, such as the police and justice systems. Women’s shelter operators in the western province of Herat reported the number of women seeking legal aid and protection in that province increased during the year.

Due to cultural normalization and a view of domestic violence as a family matter, domestic violence often remained unreported. The justice system’s response to domestic violence was insufficient, in part due to underreporting, preference toward mediation, sympathy toward perpetrators, corruption, and family or tribal pressure. There were EVAW prosecution units in all 34 provinces, and EVAW court divisions operated at the primary and appellate levels in at least 22 provinces.

Space at the 28 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Some women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or the perpetrator. Cultural stigmatization of women who spend even one night outside the home also prevented women from seeking services that may bring “shame” to herself or family.

In June the International Federation of Association Football (FIFA) banned for life the Afghanistan Football Federation’s former head Keramuddin Karim and fined him one million dollars (one million Swiss francs) after finding him guilty of sexually abusing female players. At least five female soccer players accused Karim of repeated sexual abuse from 2013 to 2018 while he served as the federation president. The players alleged that Karim threatened them with ruin if they did not comply when he sexually assaulted them in a locked room in his office. Women who rebuffed his advances were labeled “lesbians” and expelled from the team, according to eight former players who experienced such treatment. Those who went public faced intimidation. In October and December, respectively, FIFA’s Ethics Committee found Sayed Aghazada, former general secretary of the Afghanistan Football Federation, and Mohammad Hanif Sediqi Rustam, the former assistant to Karim, guilty of abuses relating to the sexual abuse, banning them for five years and fining them $10,000 (10,000 Swiss francs), because they determined Aghazada and Rustam were aware Karim abused multiple players but failed to prevent or report the abuse. The AGO indicted Karim on counts of rape, but the court sent the case back to the AGO for further investigation before trial. Police did not execute a June arrest warrant against Karim, a former governor.

At times women in need of protection ended up in prison, either because their community lacked a protection center or because the local interpretation of “running away” was interpreted as a moral crime. Adultery, fornication, and kidnapping are criminal offenses. Running away is not a crime under the law, and both the Supreme Court and the AGO issued directives to this effect, but some local authorities continued to detain women and girls for running away from home or “attempted zina.” The Ministry of Women’s Affairs, as well as nongovernmental entities, sometimes arranged marriages for women who could not return to their families.

Other Harmful Traditional Practices: The law criminalizes forced, underage, and baad marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse. NGOs report instances of baad still practiced, often in remote provinces. The practice of exchanging brides between families was not been criminalized and remained widespread.

Honor killings continued throughout the year. According to media reporting, in May a Taliban court in Shahrak District, Ghor Province, shot and killed a boy and girl for allegedly having an extramarital affair.

Sexual Harassment: The Antiharassment Law criminalizes all forms of harassment of women and children, including physical, verbal, psychological, and sexual. By law all government ministries are required to establish a committee to review internal harassment complaints and support appropriate resolution of these claims. Implementation and enforcement of the law remained limited and ineffective. The AIHRC reported more than 85 percent of women and children faced various forms of harassment. Women who walked outside alone or who worked outside the home often experienced harassment, including groping, catcalling, and being followed. Women with public roles occasionally received threats directed at them or their families. Businesswomen faced myriad challenges from the traditional nature of society and its norms and customs with regard to acceptable behavior by women. When it was necessary for a businesswoman to approach the government for some form, permit, or authorization, it was common for a male functionary to ask for sexual favors or money in exchange for the authorization.

In July media reported on allegations of sexual harassment at the highest levels of the government. Former female government employees accused senior government ministers of repeated harassment and attempted physical assault. Allegations have arisen against close aides of President Ashraf Ghani, although the government denied these accusations. In late July the government formed a special secretariat to deal with reports of sexual harassment, operating within the framework of the AIHRC. Nevertheless, senior officials continued to promote and participate in a culture of sexual harassment. According to media reporting, in August, two senior security officials fled after raping a young woman in central Bamiyan Province during Eid-ul-Fitr.

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

Discrimination: Women who reported cases of abuse or who sought legal redress for other matters reported they experienced discrimination within the judicial system. Some observers, including female judges, asserted that discrimination was a result of faulty implementation of law. Limited access to money and other resources to pay fines (or bribes) and the social requirement for women to have a male guardian affected women’s access to and participation in the justice system.

Prosecutors and judges in some provinces continued to be reluctant to use the EVAW law, and judges would sometimes replace those charges with others based on the penal code.

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupation.

Children

Birth Registration: A citizen father transmits citizenship to his child. Birth in the country or to a citizen mother alone does not transfer citizenship. Adoption is not legally recognized.

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. UNICEF reported that 3.7 million children were not in school due to discrimination, poverty, lack of access, and continuing conflict, among other reasons, 60 percent of whom are girls. Only 16 percent of the country’s schools are for girls, and many of them lack proper sanitation facilities. UNAMA also noted that armed groups tried to restrict girls’ access to education. In April armed men on motorcycles set fire to two girls’ schools outside Farah City in Farah Province. Both were badly damaged, and the attack ended classes indefinitely for nearly 1,700 girls. Graffiti on the nearby walls championed the “Islamic Emirate,” leading to a suspicion of Taliban ties.

Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, a lack of family support, lack of female teachers, and a lack of nearby schools.

Violent attacks on schoolchildren, particularly girls, also hindered access to education, particularly in areas controlled by the Taliban. The Taliban and other extremists threatened and attacked school officials, teachers, and students, particularly girls, and burned both boys’ and girls’ schools. There were press reports of sexual abuse perpetrated by teachers and school officials, particularly against boys. The government claimed families rarely pressed charges due to shame and doubt that the judicial system would respond. There were reports that both insurgent groups and government forces used school buildings for military purposes. School buildings were damaged, and students were injured in Taliban attacks on nearby government facilities.

Child Abuse: The penal code criminalizes child abuse and neglect. The penalty for conviction of beating, or physically or mentally disciplining or mistreating a child, ranges from a cash fine of 10,000 Afghanis ($130) to one year in prison as long as the child does not sustain a serious injury or disability. Conviction of endangering the life of a child carries a penalty of one to two years in prison or a cash fine of 60,000 to 120,000 Afghanis (approximately $800 to $1,600).

Police reportedly beat and sexually abused children. Children who sought police assistance for abuse also reported being further harassed and abused by law enforcement officials, particularly in bacha bazi cases, deterring victims from reporting their claims. NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

In November human rights defenders exposed the sexual abuse of at least 165 schoolboys from six high schools in Logar Province, alleging that teachers, headmasters, and local authorities were implicated in the abuse. Teachers would often film videos of rapes and threaten to post videos if victims spoke out. The release of videos and exposure of the scandal led to at least five honor killings of the victims. Two human rights defenders were subsequently placed in NDS detention after exposing the allegations, forced to apologize for their reporting, and continued to face threats after their release. Several officials rejected the allegations. The AGO investigation into the scandal reportedly suffered from a lack of public and political support, insufficient investigation time, and faulty investigation mechanisms, including public interviews.

There were reports some members of the military and progovernment groups sexually abused and exploited young girls and boys. During the first six months of the year, UNAMA documented credible reports of four cases of sexual violence involving five children carried out by parties to the armed conflict. Two girls were raped by antigovernment elements, and three boys were raped, used for bacha bazi, or both by the ALP and ANP. According to media and NGO reports, many of these cases went unreported or were referred to traditional mediation, which often allowed perpetrators to reoffend.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. The penal code criminalizes bacha bazi as a separate crime and builds on the 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling in Migrants (TIP Law), which includes provisions criminalizing behaviors associated with the sexual exploitation of children. Article 660 of the penal code even details the punishment for authorities of security forces involved in bacha bazi with an average punishment if convicted of up to 15 years’ imprisonment if convicted. UNAMA reported the convictions of two civilian perpetrators of bacha bazi in Takhar Province. Nevertheless, no police officer has ever been prosecuted for bacha bazi.

The Ministry of Interior operates CPUs throughout the country to prevent the recruitment of children into the ANP. Nevertheless, recruitment of children continued, as CPUs did not oversee the ALP, which also recruited children. Additionally, the government did not have sufficient CPU reporting channels to identify children, prevent them from joining the security forces, and provide shelter, services, and family reintegration.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 years for girls (15 years with the consent of a parent or guardian or the court) and 18 years for boys, international and local observers continued to report widespread early and forced marriages throughout the country. By EVAW law those convicted of entering into or arranging forced or underage marriages are subject to at least two years’ imprisonment; however, implementation was limited.

By law a marriage contract requires verification that the bride is 16 years old (or 15 years old with the permission of her parents or a court), but only a small fraction of the population had birth certificates.

There were reports from Badakhshan Province that Taliban militants bought young women to sell into forced marriage. The UN Development Program Legal Aid Grant Facility reported women increasingly petitioned for divorce.

Sexual Exploitation of Children: The law criminalizes sexual exploitation of children. In addition to outlawing the practice of bacha bazi, the penal code provides that, “[i]f an adult male has intercourse with a person younger than the legal age, his act shall be considered rape and the victim’s consent is invalid.” The penal code also treats nonstatutory rape of a child as an aggravated form of the offense, punishable if convicted by up to 20 years’ imprisonment. The EVAW Law prescribes a penalty of 10 to 15 years’ imprisonment for conviction of forcing an underage girl into prostitution. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the TIP Law regardless of whether other elements of the crime are present.

Child Soldiers: In 2016 the Law on Prohibition of Children’s Recruitment in the Military became effective. Under the penal code, conviction of recruitment of children in military units carries a penalty of six months to one year in prison. There were reports the ANDSF and progovernment militias recruited and used children, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children younger than 16 years. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

Displaced Children: During the year NGOs and government offices reported high numbers of returnee and drought-displaced families and their children in border areas, specifically Herat and Jalalabad. The government utilized a policy and action plan for the reintegration of Afghan returnees and IDPs, in partnership with the United Nations; however, the government’s ability to assist vulnerable persons, many of them unaccompanied minors, remained limited, and it relied on the international community for assistance. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

Institutionalized Children: Living conditions for children in orphanages were poor. NGOs reported as many as 80 percent of children between ages four and 18 in orphanages were not orphans but from families unable to provide them with food, shelter, schooling, or all three. Children in orphanages reported mental, physical, and sexual abuse and occasionally were victims of trafficking. They did not have regular access to running water, heating in winter, indoor plumbing, health-care services, recreational facilities, or education. Security forces kept child detainees in juvenile detention centers run by the Ministry of Justice, except for a group of children arrested for national security violations who stayed at the detention facility in Parwan. NGOs reported these children were kept separate from the general population but still were at risk of radicalization.

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 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 constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The law provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitutional provisions and disabilities rights law are mostly ignored and unenforced.

Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, lack of economic opportunities, and social exclusion due to stigma.

Lack of security remained a challenge for disability programs. Insecurity in remote areas, where a disproportionate number of persons with disabilities lived, precluded delivery of assistance in some cases. The majority of buildings remained inaccessible to persons with disabilities, prohibiting many from benefitting from education, health care, and other services.

In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities. By law 3 percent of all government positions are reserved for persons with disabilities, but government officials acknowledged the law was not enforced.

Disability rights activists reported that corruption prevented some persons with disabilities from receiving benefits. There were reports that government officials redirected scholarship funds for persons with disabilities to friends or family through fraud and identity theft. NGOs and government officials also reported that associations of persons with disabilities attempted to intimidate ministry employees in an effort to secure benefits such as apartments.

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued along class, race, and religious lines in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year ISIS-K continued escalating attacks against Shia, predominately Hazara, communities. In August, ISIS-K attacked a wedding hall of a young Hazara couple in a predominately Shia Hazara neighborhood of Kabul, killing 91 persons, including 15 children, and wounding 143 others. Although the bride and groom survived, many of their friends and family (most of them women, children, and other civilians) were among the dead and wounded. Hazaras were among the causalities, but most victims were non-Hazara Shias and Sunnis. ISIS-K cited a sectarian motive for the attack.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. In early March a young Sikh shopkeeper was abducted and killed in Kabul. According to the Sikh and Hindu Council of Afghanistan, there were approximately 550 members of the Sikh and Hindu community in the country, down from 900 members in 2018. According to the council, many families continued to leave the country, going to India and elsewhere due to antigovernment threats and what they perceive to be inadequate government protection.

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

The law criminalizes consensual same-sex sexual conduct. Under Islamic sharia law, conviction of same-sex sexual activity is punishable by death, flogging, or imprisonment. Under Article 646 of the penal code, conviction of sex between men is a criminal offense punishable by up to two years’ imprisonment and sex between women with up to one year of imprisonment. There were reports of harassment and violence by society and police. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Homosexuality was widely seen as taboo and indecent. LGBTI individuals did not have access to certain health-care services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Even registered organizations working on health programs for men who have sex with men faced harassment and threats by the Ministry of Economy’s NGO Directorate and NDS officials. LGBTI individuals reported they continued to face arrest by security forces and discrimination, assault, and rape by society at large.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV/AIDS, but there was reportedly serious societal stigma against persons with AIDS. While the penal code allows for the distribution of condoms, the government restricted distribution to married couples.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to join and form independent unions and to conduct legal strikes and bargain collectively, and the government generally respected these rights, although it lacked enforcement tools. The law, however, provides no definition of a union or its relationship with employers and members, nor does it establish a legal method for union registration or penalties for violations. The law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity. Other than protecting the right to participate in a union, the law provides no other legal protection for union workers or workers seeking to unionize.

Although the law identifies the Ministry of Labor and Social Affairs Labor High Council as the highest decision-making body on labor-related issues, the lack of implementing regulations prevented the council from performing its function. There was an inspection office within the ministry, but inspectors could only advise and make suggestions. As a result the application of labor law remained limited because of a lack of central enforcement authority, implementing regulations that describe procedures and penalties for violations, funding, personnel, and political will.

The government allowed several unions to operate, but it interfered with the National Union of Afghanistan Workers and Employees. The government issued a decree in 2016 mandating the nationalization of property belonging to several trade unions. Freedom of association and the right to bargain collectively were sometimes respected, but most workers were not aware of these rights. This was particularly true of workers in rural areas or the agricultural sector, who had not formed unions. In urban areas the majority of workers participated in the informal sector as day laborers in construction, where there were neither unions nor collective bargaining.

b. Prohibition of Forced or Compulsory Labor

The law does not sufficiently criminalize forced labor and debt bondage. Men, women, and children are exploited in bonded labor, where an initial debt assumed by a worker as part of the terms of employment is exploited, ultimately entrapping other family members, sometimes for multiple generations. This type of debt bondage is common in the brickworks industry. Some families knowingly sold their children into sex trafficking, including for bacha bazi (see section 7.c.).

Government enforcement of the law was ineffective; resources, inspections, and remediation were inadequate; and the government made minimal efforts to prevent and eliminate forced labor. Penalties were insufficient to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 15 years but permits 14-year-olds to work as apprentices, allows children 15 years old and older to do light nonhazardous work, and permits 15- through 17-year-old children to work up to 35 hours per week. The law prohibits children younger than 14 years from working under any circumstances; that law was openly flouted, with poverty driving many children into the workforce. The law also bans the employment of children in hazardous work that is likely to threaten their health or cause disability, including mining and garbage collection; work in blast furnaces, waste-processing plants, and large slaughterhouses; work with hospital waste; drug-related work; security-guard services; and work related to war.

Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Labor inspectors do not have legal authority to inspect worksites for compliance with child labor laws or impose penalties for non-compliance. Other deficiencies included the lack of penalty assessment authorization for labor inspectors, inadequate resources, labor inspector staffing, inspections, remediation, and penalties for violations.

Child labor remained a pervasive problem. Child laborers worked as domestic servants, street vendors, peddlers, and shopkeepers. There was child labor in the carpet industry, brick kilns, coalmines, and poppy fields. Children were also heavily engaged in the worst forms of child labor in mining, including mining salt; commercial sexual exploitation including bacha bazi (see section 6, Children); transnational drug smuggling; and organized begging rings. Some forms of child labor exposed children to land mines. Children faced numerous health and safety risks at work. There were reports of recruitment of children by the ANDSF during the year. Taliban forces pressed children to take part in hostile acts (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism.

Women continued to face discrimination and hardship in the workplace. Women made up only 7 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day care facilities. Salary discrimination existed in the private sector. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.

Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The minimum wage rates for workers in the nonpermanent private sector and for government workers were below the poverty line.

The law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law also requires employers to provide day care and nurseries for children.

The government did not effectively enforce these laws. Inspectors had no legal authority to enter premises or impose penalties for violations. Resources, inspections, remediation, and penalties for violations were inadequate and insufficient to deter violations.

Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights under the law. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.

Albania

Executive Summary

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

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

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

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

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

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

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

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

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

f. Protection of Refugees

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

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

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

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

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

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

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

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

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

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: The most recent national parliamentary elections took place in 2017. The OSCE observation mission for the elections reported that contestants “were able to campaign freely and fundamental freedoms were respected.” The OSCE further noted the “continued politicization of election-related bodies and institutions as well as widespread allegations of vote buying and pressure on voters detracted from public trust in the electoral process.” Regarding voting itself, the OSCE mission noted “an overall orderly election day” but found that “important procedures were not fully respected in a considerable number of voting centers observed.”

Local elections took place on June 30. Several opposition parties boycotted the elections, claiming concern about government collusion with organized crime to commit electoral fraud. The OSCE election observation mission reported that “voters did not have a meaningful choice between political options” and “there were credible allegations of citizens being pressured by both sides.”

Political Parties and Political Participation: Media outlets reported allegations of the use of public resources for campaign purposes in the 2017 parliamentary and 2019 local elections, and there were reports of undue political influence on the media. There were also reports of limited access to voting for persons with disabilities.

Participation of Women and Minorities: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Following the 2017 elections, the share of Assembly members who were women increased to a record 29 percent. Following a government reshuffle in December 2018, the share of ministers who were women increased from 47 percent to 53 percent. The law governing the election of Assembly members requires that 30 percent of candidates be women and that they occupy 30 percent of appointed and elected positions. According to the OSCE final report on the elections, however, the largest parties did not always respect the mandated 30 percent quota in their candidate lists. The Central Election Commission (CEC) fined the parties but nonetheless accepted their lists. While there is no quota for mayoral candidates, the law requires that the city council candidate lists include candidates of both genders; 13 percent of the mayors-elect in local elections were women.

Members of national minorities stood as candidates in both minority and mainstream parties in the 2017 parliamentary elections and 2019 local elections, and campaigning in the Greek and Macedonian languages without incident was observed. Nevertheless, observers reported that some minorities remained vulnerable to vote buying. Due to the CEC’s replacement of members of the opposition who resigned from the Assembly in February, one Balkan-Egyptian candidate joined the Assembly as a member.

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Women

Rape and Domestic Violence: Rape, including spousal rape, is a crime. Penalties for rape and sexual assault depend on the age of the victim. For rape of an adult, the penalty is three to 10 years in prison. The law includes provisions on sexual assault and criminalizes spousal rape. The government did not enforce the law effectively, and authorities did not prosecute spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.

In July 2018 the Assembly amended the law on domestic violence to extend protection to victims in an active relationship or civil union. The amendments created a protective order that automatically protects children as well. Police implemented automated application issuance processes within the Police Case Management System, which allow for rapid issuance of protective orders and produces a historical record of orders issued. Through August the system generated more than 1,600 protective orders.

NGOs reported high levels of domestic violence against women. According to a 2018 survey of women between the ages of 18 and 74 that the UN Development Program released in March, 52.9 percent of women surveyed reported having been subjected to violence or sexual harassment during their lifetimes. The Albanian State Police reported 11 domestic violence-related murders through July.

The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that also accommodated victims of domestic violence. In December 2018 the government began operating a crisis management center for victims of sexual assault, at the Tirana University Hospital Center. The Ministry of Health and Social Welfare reported that as of September the center had treated 23 victims.

Sexual Harassment: The law prohibits sexual harassment, but officials rarely enforced it. The commissioner for protection from discrimination (CPD) generally handled cases of sexual harassment and could impose fines of up to 80,000 leks ($720) against individuals or 600,000 leks ($5,400) against enterprises.

Through July the State Police reported 33 cases of sexual harassment that involved 32 suspected perpetrators and 31 victims, 30 of whom were women. In one case, media outlets reported in February that a police officer allegedly sent sexual images to a 15-year-old girl. The central and local structures of the Internal Affairs and Appeals Service at the Ministry of Interior opened a criminal investigation, which was ongoing as of October, and the Professional Standards Directorate in the State Police dismissed the officer.

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

Discrimination: The law provides the same legal status and rights for women as for men, but the government did not enforce the law effectively. Women were underrepresented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.

There were reports of discrimination in employment, and the CPD adjudicated 44 cases through July. In one example, the CPD received a complaint against Philip Morris Albania, alleging the company fired a woman because she went on maternity leave. The CPD ruled the company had discriminated against the woman based on gender. The company appealed the decision to the administrative court, which upheld the CPD decision; the plaintiff can seek compensation in the trial court system.

In another case, the CPD recommended that Albawings airline remove gender and age criteria from job-vacancy announcements and stop requesting pictures of applicants for flight attendant positions. Albawings complied with the recommendations.

Gender-biased Sex Selection: According to official figures, in 2018 the ratio of boys to girls at birth was 108 to 100. There were no government-supported efforts to address the imbalance.

Children

Birth Registration: An individual acquires citizenship by birth in the country or from a citizen parent. There were no reports of discrimination in birth registration, but onerous residency and documentation requirements for registration made it more difficult for the many Romani and Balkan-Egyptian parents who lacked legally documented places of residence to register their children.

The Assembly amended the law on civil status, which entered into force in 2018, to provide financial incentives for birth registration. The government also issued instructions clarifying the process of birth registration for children born abroad. Several maternity hospitals opened civil registry desks to facilitate birth registration.

Children born to internal migrants, including some Romani families, or those returning from abroad, frequently had no birth certificates or other legal documents and consequently were unable to attend school or have access to services.

Education: School attendance is mandatory through the ninth grade or until the age of 16, whichever occurs first, but many children, particularly in rural areas, left school earlier to work with their families. Parents must purchase supplies, books, uniforms, and space heaters for some classrooms; these were prohibitively expensive for many families, particularly Roma and members of other minorities. Many families also cited these costs as a reason for not sending girls to school.

Children in first through fourth grade are legally entitled to free textbooks, but some smaller municipalities did not provide them, and parents had to pay for them. Curricula varied from school to school, so parents of children who changed schools during the academic year had to pay for a second set of schoolbooks. An NGO provided school materials, bags, uniforms, and access to schoolbooks to children in four municipalities who were mainly from Roma and Balkan-Egyptian communities.

Some children, particularly those located in the city of Shkoder, were unable to attend school due to their families’ involvement in blood feuds based on the Kanun, a set of traditional Albanian laws. Children were confined to their homes due to fear of revenge attacks.

Early and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities.

Sexual Exploitation of Children: Penalties for the commercial sexual exploitation of a child range from eight to 15 years’ imprisonment. The country has a statutory rape law; the minimum age for consensual sex is 14. The penalty for statutory rape is a prison term of five to 15 years. In aggravated circumstances, the penalty may increase to life imprisonment. The law prohibits making or distributing child pornography; penalties are a prison sentence of three to 10 years. Possession of child pornography is also illegal.

Authorities generally enforced laws against the rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that, as of July, two children had been sexually exploited, but there were no cases involving pornography.

Displaced Children: There were many displaced and street children, particularly in the Romani community. Some street children begged and some of them became trafficking victims. Since the law prohibits the prosecution of children younger than 14 for burglary, criminal gangs at times used displaced children to burglarize homes.

The State Agency for the Protection of Children’s Rights reported that as of July authorities had identified 165 street children, eight of whom were victims or potential victims of trafficking. Authorities placed 17 children under protective orders that prevented the perpetrator from approaching or contacting the victim, and sent four other cases for prosecution. They referred 67 children to shelters. Through June child protection units (CPUs) in local communities reported that they had identified a total of 1,145 children at risk of abuse in the country.

Institutionalized Children: UNHCR considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open migrant facility in Babrru.

UNICEF reported that as of July more than 70 percent of the approximately 240 children living in public institutions had been evaluated as having delays in their physical, emotional, and cognitive development.

Some NGOs raised concerns about the transparency of the treatment of children who were under state residential care. The law allows for moving children out of residential centers and into the care of foster families, but the government and the municipalities have not used this option frequently.

Through August there were 23 juveniles in the justice system, three of whom had been convicted. The country lacked enough adequate facilities for pretrial detention of children, although the Juvenile Institute in Kavaja was adequate for the population it served. The GDP reported that the number of minors in pretrial detention and detention facilities had decreased because of alternative sentencing. By the end of 2018, all juvenile inmates in Lezha, Korca, and Vlora detention facilities had been transferred to the Juvenile Institute in Kavaja, which serves as the only institution in the country for juvenile offenders.

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

Reports indicated that there were 40 to 50 Jews living in the country. 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 constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. Nevertheless, employers, schools, health-care providers, and providers of other state services at times engaged in discrimination. The law mandates that new public buildings be accessible to persons with disabilities, but the government only sporadically enforced the law. From February 2018 through March 2019, the government adapted the premises of 2,567 offices to accommodate persons with disabilities.

As of July the CPD had received 18 complaints and opened two additional investigations on its own initiative of alleged discrimination against individuals with disabilities, ruling in favor of the complainants in four cases. In one case, the CPD ruled against the municipality of Shkoder for not offering free public transportation to persons with disabilities as required by law and ordered the municipality to begin providing such services.

The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies lacked funding to implement their programs adequately. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were in facilities that lacked accommodations for such persons. A 2018 study by World Vision and Save the Children reported that none of the 10 municipalities surveyed had a plan to eliminate barriers to information, communication, and mobility for persons with disabilities or a dedicated budget to address the problem.

As of August the Office of the Ombudsman inspected four mental health institutions during the year and found that patients were given inadequate psychiatric evaluations upon both admission to and discharge from the institutions. Persons with mental and other disabilities were subject to societal discrimination and stigmatization.

National/Racial/Ethnic Minorities

There were allegations of discrimination against members of the Romani and Balkan-Egyptian communities, including in housing, employment, health care, and education. Some schools resisted accepting Romani and Balkan-Egyptian students, particularly if the students appeared to be poor. Many schools that accepted Romani students marginalized them in the classroom, sometimes by physically setting them apart from other students.

As of July the CPD had received 25 complaints of discrimination on grounds of race and ethnicity and opened two additional investigations on its own initiative, ruling in favor of the complainant in nine cases. In one case, the CPD ruled against Fier municipality and its water and sewage utility for discriminating against several Romani households. The CPD ordered the municipality and utility to supply running water to the families. When the municipality and utility did not respond, the CPD imposed fines on them.

The government adopted legislation on official minorities in 2017 but had yet to pass all the implementing regulations. The law provides official minority status for nine national minorities without distinguishing between national and ethnolinguistic groups. The government defined Greeks, Macedonians, Aromanians (Vlachs), Roma, Balkan-Egyptians, Montenegrins, Bosnians, Serbs, and Bulgarians as national minorities. The legislation provides for minority language education and dual official language use for the local administrative units in which minorities traditionally reside or in which a minority makes up 20 percent of the total population. The ethnic Greek minority complained about the government’s unwillingness to recognize ethnic Greek communities outside communist-era “minority zones.”

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

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. Aleanca, an NGO advocating for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community, reported four cases of discrimination based on sexual orientation and gender identity reported to the CPD as of September. In one case, the CPD ruled against a police commissariat and imposed a fine.

Sexual orientation and gender identity are among the classes protected by the country’s hate crime law. Despite the law and the government’s formal support for LGBTI rights, public officials sometimes made homophobic statements. As of September, Aleanca reported 46 cases of physical and psychological violence, six of which involved minors. In 201, Aleanca documented 421 cases of physical and psychological violence against LGBTI community members.

The CPD investigated four cases of alleged discrimination based on gender identity and sexual orientation and opened an additional investigation on its own initiative.

In March the Ministry of Health and Social Protection initiated a fund of 287,450 leks ($2,600) to cover approximately 25 percent of the yearly operating costs for Streha, the only shelter for LGBTI people in the country. Through August, Streha had assisted 16 persons who faced violence or discrimination due to their sexual orientation or gender identity.

HIV and AIDS Social Stigma

The law prohibits discrimination against individuals with HIV or AIDS. The Albanian Association of People Living with HIV or AIDS reported that stigma and discrimination caused individuals to avoid getting tested for HIV, leading to delayed diagnosis and consequently delayed access to care and support. Persons living with HIV or AIDS faced employment discrimination, and children living with HIV faced discrimination in school.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

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

d. Discrimination with Respect to Employment and Occupation

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

e. Acceptable Conditions of Work

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

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

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

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

Algeria

Executive Summary

Algeria is a multiparty republic whose president, the head of state, is elected by popular vote for a five-year term. The president has the constitutional authority to appoint and dismiss cabinet members and the prime minister, who is the head of government. A 2016 constitutional revision requires the president to consult with the parliamentary majority before appointing the prime minister. Presidential elections took place in 2014, and voters re-elected President Abdelaziz Bouteflika for a fourth term. Following Bouteflika’s April 2 resignation, the country twice postponed elections during the year. Elections on December 12 resulted in Abdelmadjid Tebboune’s election. Presidential term limits, which were eliminated in 2008, were reintroduced in the 2016 revision of the constitution and limit the president to two five-year terms. Elections for the lower chamber of parliament were held in 2017 and did not result in significant changes in the composition of the government. Foreign observers characterized the 2017 legislative elections as largely well organized and conducted without significant problems on election day but noted a lack of transparency in vote-counting procedures.

The 130,000-member National Gendarmerie, which performs police functions outside of urban areas under the auspices of the Ministry of National Defense, and the approximately 200,000-member DGSN or national police, organized under the Ministry of Interior, share responsibility for maintaining law and order. The army is responsible for external security, guarding the country’s borders, and has some domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces.

Since February 22, citizens have held weekly nationwide protests, demanding political change. The scale and geographic spread of protests were the largest since the end of the country’s civil war in 2002. Despite sporadic clashes with protestors and occasional use of tear gas and rubber bullets, government forces exhibited restraint with only one death reported.

Significant human rights issues included: reports of one unlawful or arbitrary killing; arbitrary detention; political prisoners; lack of judicial independence and impartiality; unlawful interference with privacy; laws prohibiting certain forms of expression, as well as criminal defamation laws; limits on freedom of the press; site blocking; restrictions on the freedom of assembly and association including of religious groups; refoulement of refugees to a country where they would face a threat to their life or freedom; corruption; trafficking in persons; the criminalization of consensual same sex sexual conduct and security force sexual abuse of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

The government took steps to investigate, prosecute, or punish public officials who committed violations, especially corruption. Impunity for police and security officials remained a problem, but the government provided information on actions taken against officials accused of wrongdoing.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, and independent media outlets regularly criticized and satirized government officials and policies, but the government on some occasions restricted these rights. The government’s actions included harassment of some critics; arbitrary enforcement of vaguely worded laws; informal pressure on publishers, editors, advertisers, and journalists; and control of an estimated 77 percent of the country’s advertising money in newspapers and magazines and 15 percent of billboard revenue and printing capabilities. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.

Freedom of Expression: While public debate and criticism of the government were widespread, journalists and activists believed they were limited in their ability to criticize the government publicly on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, including the use of the Berber flag during protests, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about security force conduct during the internal conflict of the 1990s remained in place, although the government said there had never been an arrest or prosecution under the law. A separate law provides for up to three years’ imprisonment for publications that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings.

NGOs reported during the year that following suppression of public activities in years past, they no longer hold events outside of private locations. They also report that owners of public gathering spaces have been told not to rent their locations to certain NGOs.

Press and Media, Including Online Media: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. The ANEP stated in September that it represented 77 percent of the total advertising market. Nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. ANEP added it wished to preserve a pluralistic press and freedom of information and noted that it funded opposition newspapers. The government’s lack of transparency over its use of state-funded advertising, however, permitted it to exert undue influence over print media.

Police arrested blogger Merzoug Touati in 2017 on charges stemming from his online publication of an interview with a former Israeli diplomat. In May 2018 a court sentenced him to 10 years in prison. In June 2018 an appeal trial reduced his sentence to seven years. On March 4, the second judgement was annulled, and he was retried in a court in Skikda, resulting in a two-year prison sentence and a three-year suspended sentence, allowing for his release.

Many civil society organizations, government opponents, and political parties had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the difficulty of receiving information from public officials. With the exception of several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.

Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources.

In September the Ministry of Communication stated there were 265 accredited written publications. Of the daily printed publications, the ministry stated six were state-operated.

The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. Regulations require the shareholders and managers of any radio or television channel to be citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”

The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, there were 13 accredited foreign press agencies reported during the year. In addition, seven private domestic television channels, 13 foreign broadcasting channels, and one foreign radio station–the BBC–operated throughout the year.

The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.

Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government. Press outlets report taking extra caution before publishing articles critical of the government or government officials for fear of losing revenue from ANEP.

On June 12, authorities blocked access to the IP address for Tout sur lAlgerie (TSA), a news site, which had also been blocked in 2017. Authorities also blocked news websites Algerie Part and Inter-Lignes on June 15 and July 31, respectively. The day following the block on Inter-Lignes, former minister of communication, Hassan Rabehi, and former president of the National People’s Congress, Karim Younes, denounced the blocking of TSA and Inter-Lignes websites and the pressure the government had placed on the media.

During a media interview, Omar Belhouchet, the editor of El Watan, an independent daily newspaper, said that media companies self-censor regarding certain topics. According to Belhouchet, the government has a monopoly on advertising that it uses to punish those who criticize the government.

Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and said the definitions in the law failed to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from 100,000 to 500,000 Algerian dinars ($850 to $4,252). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials. Defamation laws specify that former members of the military who make statements deemed to have damaged the image of the military or to have “harmed the honor and respect due to state institutions” may face prosecution.

Printed editions of the monthly news magazine Jeune Afrique have not been available in the country since April 23. At the end of March, the distributor received a notification from the Ministry of Communication to stop importing Jeune Afrique and other titles published by Jeune Afrique Media Group (The Africa Report and La Revue). The ministry authorized the import of only 350 copies of Jeune Afrique for delivery to various institutions. Jeune Afrique online remained available.

The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.”

Internet Freedom

The government monitored certain email and social media sites.

Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and email. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.

There was some disruption of communication prior to planned antigovernment demonstrations during the year, namely internet shutdowns, the blocking of access to certain online news sites and social media platforms, and the restricting or censorship of content. In March parts of the country experienced internet outages during a hirak protest. On September 14, internet access was also restricted in parts of the country during hirak protests.

The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of Internet Service Providers (ISPs) to cooperate with authorities. Under the law, the government may conduct electronic surveillance to prevent terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.

By law ISPs face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($425 and $4,252) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.

On August 8, YouTube and several Google websites and services were blocked nationwide for several hours. This block immediately followed the online publication of a video in which former minister of defense, Khaled Nezzar, called on the army to “realize the demands of the people.”

For a third year, the government blocked access to social media sites, including Facebook and Twitter, for several days during nationwide high school examinations. The decision was in response to previous leaks of examination materials, which were posted on social media.

Academic Freedom and Cultural Events

Academic seminars generally occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before importation. The Ministry of Religious Affairs did the same for all religious publications. The law gives the authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” It further prohibits books that “make apology for colonialism, terrorism, crime, and racism.”

A January 2017 prime minister’s decree clarified the process for the Ministry of Culture’s review of imported books, both in print and electronic form. According to the decree, importers must submit to the ministry the title, author’s name, editor’s name, edition, year, International Standard Book Number, and number of copies to be imported. Importers of books covering the “national movement and the Algerian Revolution” must submit the entire text of the books for review, including a secondary review by the Ministry of the Moudjahidine (Veterans of the Revolution). The Ministry of Culture can also require a full content review of books on other topics if it chooses. The ministry has 30 days to review the importation application; in the absence of a response after 30 days, the importer may proceed with distribution of the publication. After making a determination, the ministry notifies the customs service of the decision to allow or ban the importation of the publication. Appeals may be made to the ministry, with no independent or judicial review provided for in the decree.

A 2017 decree established a commission within the Ministry of Religious Affairs to review imports of the Quran. This decree requires all applications to include a full copy of the text and other detailed information. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the application. A separate 2017 decree covering religious texts other than the Quran stated, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period of time is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.

b. Freedoms of Peaceful Assembly and Association

Although the constitution provides for freedom of peaceful assembly and association, the government severely restricted the exercise of these rights.

Freedom of Peaceful Assembly: The constitution provides for the right of peaceful assembly, but the government continued to curtail this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the national government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding publicity and outreach efforts by organizers.

The ongoing hirak protest movement, which began on February 22, consists of mass, peaceful protest marches taking place every Tuesday and Friday in many locations throughout the country. Hundreds of thousands of individuals have marched peacefully demanding political reforms. The marches occurred mostly without incident, although police at times used tear gas and water cannons as methods of crowd control.

Hotels in Algiers and other major cities continued their practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of written authorization from the Ministry of Interior for the proposed gathering. NGOs reported instances of not receiving the written authorization in time to hold planned meetings. NGOs reported that the government threatened hotel and restaurant owners with penalties if they rented rooms to NGOs without official authorization. In most cases, the NGOs continued to hold their meetings and police came to the hotels to end the gatherings.

In July, the Algerian League for the Defense of Human Rights (LADDH) and 15 representatives from other NGOs gathered at a hotel in Oran to discuss migration. Security services prevented the meeting from taking place “in the absence of an official authorization.” The attendees moved their meetings elsewhere and were followed by police who ordered them to disperse.

Throughout the year police dispersed unauthorized gatherings or prevented marching groups of protesters from demonstrating. Police typically dispersed protesters shortly after a protest began and arrested and detained organizers for a few hours. Human Rights Watch, Amnesty International, and other NGOs criticized the government’s use of the law to restrict peaceful assembly.

In September a group of military veterans organized a protest in Algiers, prompting a crackdown by authorities. Press reported 107 protestors were injured along with 51 police and gendarmes.

Freedom of Association: The constitution provides for the right of association, but the government restricted this right.

The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered, organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines between DZD 2,000 and DZD 5,000 ($17 and $43) and up to six months’ imprisonment.

According to the law, associations that apply for accreditation are entitled to receive a response within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations.

The Ministry of Interior may deny a license to or dissolve any group regarded as a threat to the government’s authority or to public order, and on several occasions failed to grant, in an expeditious fashion, official recognition to NGOs, associations, religious groups, and political parties. According to the ministry, organizations receive a receipt after submitting their application for accreditation, and after the time periods listed above, this slip is legally sufficient for them to begin operating, to open a bank account, and to rent office or event space. The law does not explicitly include this provision. If the application is approved, the ministry issues a final accreditation document.

Many organizations reported that they never received a deposit slip and that even with the receipt; it was difficult to conduct necessary administrative tasks without formal accreditation. Other organizations reported they never received any written response to their application request even after calling the ministry and trying to register at local police stations. The ministry maintained that organizations that were refused accreditation or that did not receive a response within the specified time period could appeal to the State Council, the administrative court responsible for cases involving the government.

The ministry did not renew the accreditations of the NGOs SOS Disparus (SOS Disappeared), Djazairouna, the LADDH, the National Association for the Fight against Corruption, and the Youth Action Movement, all of which submitted their renewal applications in prior years.

The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 109,000 local and 1,532 national associations registered as of September, including 628 registered since January unlicensed NGOs remained active, but rarely received government assistance, and citizens at times hesitated to associate with these organizations.

c. Freedom of Religion

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

d. Freedom of Movement

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

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

In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” The government requires that foreign diplomats and private sector personnel have armed security escorts from the government should members of these groups travel outside of Algiers wilaya (province), El-Oued, and Illizi, near hydrocarbon industry installations and the Libyan border, respectively. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns.

Foreign Travel: The constitution states that the right to enter and exit the country is provided to citizens. The law does not permit those under age 18 to travel abroad without a guardian’s permission. Married women under 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: In June the Associated Press (AP) reported that the government had forced an estimated 13,000 migrants over the previous 14 months to walk from Guezzam, Algeria, to Assamakka, Niger, as part of the repatriation process. According to AP reports, some migrants died during the 20-kilometer desert march.

According to UNHCR’s March report on Sahrawi refugees in Tindouf, the government protected a significant number of refugees in five large refugee camps in Tindouf and ran two other smaller camps near Tindouf, one surrounding a women’s boarding school and another used for administrative purposes. The government also protected a smaller urban refugee population, primarily in Algiers. The report noted the refugee population included predominantly Syrians, (an estimated 85 percent), as well as Yemenis, Congolese, Ivoirians, Palestinians, Malians, Central Africans, and other nationalities. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees.

The International Organization for Migration (IOM) reported in July that officials were deporting an estimated average of 1,000 migrants to Niger per month. International organizations reported that authorities continued to leave deportees at the Algerian/Niger border near Guezzam, Algeria or Assamakka, Niger, where migrants were forced to walk 250 km (155 miles) to the nearest town of Agadez.

There were reports that during government roundup operations of suspected migrants, some of those detained were raped, suffered sexual harassment, or both and that unaccompanied minors were sometimes rounded up and taken to the border for expulsion. Similarly, a diplomat from Burkina Faso was reported to have been rounded up and sent to the Nigerien border.

Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into the country across the Malian border inconsistent with traditional migratory movements. During the year the government deported migrants to Mali. Unlike in previous years, the government expelled some Syrians who the government claimed had been combatants in Syria’s civil war and were involved in networks assisting other Syrians to relocate to Algeria. These Syrians, as well as Yemeni and other nationals, were deported to Niger according to press reports.

According to the IOM, the government repatriated 5,348 migrants to Niger and deported 6,090 migrants to Niger, for a total of 11,438 from January to July, pursuant to a bilateral agreement at the request of the Nigerien government. Various international humanitarian organizations and observers criticized the operations, citing unacceptable conditions of transport, primarily on the Niger side of the border, and what they described as a lack of coordination among the Algerian Red Crescent, the government of Niger, and the Red Cross of Niger. The National Human Rights Committee (CNDH) stated the government had dedicated $12 million to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). The repatriations were conducted in coordination with consular officials from the countries of origin of the migrants, but the migrants were not permitted to challenge their removal. The government stated that it maintained a policy of not removing migrants registered with UNHCR, and that in a few cases it worked with UNHCR to return registered refugees who were mistakenly removed. Air Algerie signed an agreement with the IOM agreeing to provide charter flights for humanitarian supplies and migrants returning voluntarily.

The Ministry of Interior reported in March to a Senate session that approximately 500 illegal migrants try to enter the country daily along the country’s southern borders.

Access to Asylum: While the law provides generally for asylum or refugee status, the government has not established a formal system through which refugees can request asylum. There were no reports that the government granted refugee status and asylum to new refugee applicants during the year. According to UNHCR, the government did not accept UNHCR-determined refugee status for individuals. UNHCR offices in Algiers reported an estimated 200 to 300 asylum requests per month, mostly from Syrian, Palestinian, and sub-Saharan African individuals coming from Mali, Guinea, Central African Republic, Cote d’Ivoire, and the Democratic Republic of the Congo (DRC). Those determined by UNHCR to have valid refugee claims were primarily from the DRC, Cote d’Ivoire, Iraq, and the Central African Republic. There was no evidence of any pattern of discrimination toward asylum applicants, but the lack of a formal asylum system made this difficult to assess.

UNHCR registered more than 10,000 Syrians, but fewer than 7,000 remained registered with UNHCR as of September. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were located in Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.

Employment: The government does not formally allow refugee employment; however, many worked in the informal market and were at risk of labor exploitation due to their lack of legal status in the country. Other migrants, asylum seekers, and Malians and Syrians who had a “special status” with the government, relied largely on remittances from family, the support of local family and acquaintances, and assistance from the Algerian Red Crescent and international aid organizations.

Access to Basic Services: UNHCR provided registered refugees with modest food assistance and lodging support. Sahrawi refugees lived predominantly in five camps near the city of Tindouf, administered by the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario). The Polisario (through the Sahrawi Red Crescent Society), UNHCR, WFP, UNICEF, and partner NGOs provided basic services including food aid, primary health care, and primary and secondary education, while the government invested heavily in developing the camps’ infrastructure and also provided free secondary and university educations, as well as advanced hospital care, to Sahrawi refugees. The remote location of the camps and lack of government presence resulted in a lack of access by police and courts. Other refugees, asylum seekers, and migrants had access to free public hospitals, but independent NGOs reported instances of migrants turned away.

School administrators must allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported some children had trouble in their attempts to integrate into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools due to language barriers or cultural differences. NGOs also indicated that some migrants were denied treatment at healthcare facilities.

Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees had not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara. The IOM leads an “Assisted Voluntary Return and Reintegration” program to help migrants return to their homes willingly with economic and social support, including personalized professional training and other socioeconomic assistance. Although the government is not a financial donor to the initiative, they do cooperate.

Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians, 7,000 registered as of September, and Malians.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Restrictions on freedom of assembly and association as well as restrictions on political party activities inhibited the activity of opposition groups.

Elections and Political Participation

The law states that members of local, provincial, and national assemblies are elected for five-year terms and that presidential elections occur within 30 days prior to the expiration of the presidential term. Presidential term limits, which were eliminated in 2008, were reintroduced in a 2016 revision of the constitution and limit the president to two five-year terms. The Ministry of Interior is responsible for organizing the election and voting processes. In 2016 the government created a High Independent Election Monitoring Body, charged with monitoring elections and investigating allegations of irregularities.

Recent Elections: The country’s held presidential elections on December 12, after two previous failed attempts. Former prime minister Abdelmadjid Tebboune was elected with 58 percent of the vote, meeting the majority needed to avoid holding a second round. The National Independent Authority for Elections reported that 40 percent of approximately 24 million voting-eligible citizens participated. Tebboune was sworn in as president on December 19. There were no international observers.

The 2017 elections for the lower chamber of parliament did not result in significant changes in the composition of the government. The government allowed international observation of the elections but did not permit local civil society organizations to do the same. Most major opposition parties lost seats in the elections, and several parties claimed the results were significantly altered by fraud. Foreign observers from the African Union, Organization of Islamic Cooperation, and Arab League characterized the elections as largely well organized and conducted without significant problems on election day. Local media outlets reported that a team of European Union elections experts provided the government a report noting a lack of transparency in vote counting procedures, but the report was not made public. In 2017 Algerian National Front party leader Moussa Touati stated that his party paid bribes in order to secure its single seat in parliament. Several opposition political parties claimed voter turnout figures were inflated and that the results were fraudulent.

The law does not place significant restrictions on voter registration, but observers claimed that implementation of voter registration and identification laws proved inconsistent and confusing during past elections.

Political Parties and Political Participation: The Ministry of Interior must approve political parties before they may operate legally.

The government maintained undue media influence and opposition political parties claimed they did not have access to public television and radio. Sometimes security forces dispersed political opposition rallies and interfered with the right to organize. During popular protests against the government, security forces sometimes dispersed demonstrations when protesters came near to government buildings.

Pursuant to the constitution, all parties must have a “national base.” The electoral law adopted by parliament in 2016 requires parties to have received 4 percent of the vote in the preceding election or to collect 250 signatures in the electoral district in order to appear on the ballot. Opposition parties from across the political spectrum criticized the new law for creating a more complex process for qualifying for the ballot, as well as for establishing an electoral monitoring body whose members would be appointed by the president and parliament, which is controlled by a coalition headed by the president’s party.

The law prohibits parties based on religion, ethnicity, gender, language, or region, but there were various political parties commonly known to be Islamist, notably members of the Green Alliance. According to the Ministry of Interior, in September there were 70 registered political parties, unchanged from 2018. The ministry reported 14 parties applied for registration during the year, and the ministry approved four requests. Parties must hold a party congress to elect a party leader and confirm membership before the Ministry of Interior will count them as a registered party. The ministry explained that though it approved new parties, these organizations did not hold their congresses yet.

The law does not place significant restrictions on voter registration.

Membership in the Islamic Salvation Front, a political party banned since 1992, remained illegal. The law also bans political party ties to nonpolitical associations and regulates party financing and reporting requirements. According to the law, political parties may not receive direct or indirect financial or material support from any foreign parties. The law also stipulates the collection of resources from domestics contributions by the party’s members, donations, and revenue from its activities, in addition to possible state funding, must be reported to the Ministry of Interior.

Opposition party leaders complained that the government did not provide timely authorizations to hold rallies or party congresses.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and women and minorities did participate. The law requires parties to ensure that at least 30 percent of the candidates on their electoral lists are women.

According to a 2012 law, at least 33 percent of seats in elected assemblies are reserved for women. Due to this law, after the legislative elections of 2012, the proportion of women in the National People’s Assembly (APN) increased from 8 percent to 32 percent of seats (146 out of 462). The 2017 legislative elections, however, resulted in women holding only 26 percent of seats in the APN, despite the quota.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties of two to 10 years in prison for official corruption, but the government did not fully implement the law. Corruption remained a problem, and officials sometimes engaged in corrupt practices with impunity.

Corruption: The criminal code stipulates that only the board of directors of the institution concerned may initiate charges related to theft, embezzlement, or loss of public and private funds against senior, public sector “economic managers.” Critics of the law asserted that by permitting only senior officials of state businesses to initiate investigations, the law protects high-level government corruption and promotes impunity.

Corruption throughout the government stemmed largely from a lack of transparent oversight. The National Association for the Fight against Corruption noted the existence of an effective anticorruption law but stated that the government lacked the “political will” to apply the law.

Between April and June, authorities arrested at least 34 former government officials and wealthy businessmen on charges of corruption. In April authorities arrested then president Bouteflika’s brother, Said Bouteflika for “undermining authority and conspiring against the state.” In June authorities arrested former prime ministers Ahmed Ouyahia and Abdelmalek Sellal, the highest-level officials to be arrested since Bouteflika’s resignation. Ouyahia faced charges of “abuse of official position and illegal authorizations of public funds.” Sellal was charged with “abuse of public funds,” “abuse of power,” and “illegal favoritism.” In August authorities arrested former minister of justice, Tayeb Louh, for various tactics used to protect high-level officials and powerful businessmen, often in the president’s circle, from corruption charges. Corruption cases in the private sector began with the arrest of Ali Haddad, chief executive officer (CEO) of the ETRHB Group, who was detained in March while attempting to cross the Tunisian border with undeclared currency and two passports. In June a court in Algiers sentenced Haddad to six months in prison and a fine of 50,000 dinars ($418). In April the CEO of the Cevital Group, Issad Rebrab, as well as Kouninef brothers Reda, Abdelkader Karim, Noah, and Tarek faced charges such as using “insider influence to obtain undue advantages and misappropriation of real estate” and receiving unwarranted tax and custom breaks.

Financial Disclosure: The law stipulates that all elected government officials and those appointed by presidential decree must declare their assets the month they commence their jobs, if there is substantial change in their wealth while they are in office, and at the end of their term. Few government officials made their personal wealth public, and there was no known enforcement of the law.

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

A variety of domestic human rights groups operated with varying degrees of government restriction and cooperation. The law requires all civil associations to apply for operating permission, and at year’s end several major civil associations remained unrecognized but tolerated.

Amnesty International maintained an office and actively reported on human rights issues, but it did not receive official authorization to operate from the Ministry of Interior. Amnesty International has received authorization to open a bank account, although the organization awaits final documentation from the government to open the account.

Although the government did not renew the accreditation of LADDH, the organization had members countrywide, received independent funding, and was one of the most active independent human rights groups. The Algerian League for Human Rights, a separate but licensed organization based in Constantine, had members throughout the country monitoring individual cases.

The United Nations or Other International Bodies: The government extended an invitation to the UN Working Group on Enforced or Involuntary Disappearances in 2014 and again in 2015, but no visit occurred. The country joined the Human Rights Council in 2014 but continued to deny requests for visits from the UN special rapporteurs on extrajudicial executions (pending since 1998) and counterterrorism and human rights (pending since 2006), the UN Working Group on arbitrary detention (pending since 2009), and the UN Security Council Mali Panel of Experts on Sanctions (since 2016).

Government Human Rights Bodies: In 2016 the government replaced the National Consultative Commission for Promotion and Protection of Human Rights with the National Human Rights Council (CNDH). The CNDH has budget autonomy and the constitutional responsibility to investigate alleged human rights abuses, officially comment on laws proposed by the government, and publish an annual report. The CNDH completed its first annual report in November and presented it to then Interim President Abdelkader Bensalah but has not published the report to the public yet. The previous entity had presented its first draft report to President Bouteflika, but the report had not been made public by year’s end. During the year, the CNDH organized seminars and workshops on topics such as penitentiary reform and trafficking in persons. The CNDH reports receiving 687 complaints of human rights abuses during the year, of which it has investigated 638 as of September. A CNDH representative said the organization viewed the most serious human rights concerns as limits on socioeconomic rights, as well as limits on free speech.

The government also maintained cooperation with the Algerian Red Crescent Society, a local humanitarian volunteer organization officially recognized by the International Red Cross and Red Crescent Movement. The local group collaborates with the Ministry of Health, providing medical assistance and analyses to vulnerable groups, including refugees and migrants. The Algerian Red Crescent also promotes tolerance via cultural events supporting migrants, such as Christmas-related events, work to protect vulnerable children, and distribution of food and supplies for education and sanitation.

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

Women

Rape and Domestic Violence: The law criminalizes rape but does not specifically address spousal rape. Prison sentences for rape range from five to 10 years, and, although sex crimes are rarely reported owing to cultural norms, authorities generally enforced the law. A provision of the penal code allows an adult accused of “corruption of a minor” to avoid prosecution if the accused subsequently marries his or her victim and if the crime did not involve violence, threats, or fraud.

Domestic violence remains a society-wide problem. The law states that a person claiming domestic abuse must visit a “forensic physician” for an examination to document injuries and that the physician must determine that the injuries suffered “incapacitated” the victim for 15 days. The law prescribes up to a 20-year imprisonment for the accused, depending on the severity of injuries. If domestic violence results in death, a judge may impose a life sentence.

For the first quarter of the year, the Ministry for National Solidarity, Family, and Women reported that there were 1,734 logged cases of violence against women. According to statistics from women’s advocacy groups published in the local press, between 100 and 200 women died each year from domestic violence. The government maintained two regional women’s shelters and plans to open two additional shelters in Annaba by the end of the year. These shelters assisted with approximately 300 cases of violence against women during the year. The Information and Documentation Center on the Rights of Children and Women, a network of local organizations that promoted the rights of women, managed call centers in 15 provinces.

On August 8, a man killed his wife at the home of her parents following a marital dispute. The victim, a teacher and mother of three, was found by her family and transported to the local hospital, where she died from severe blood loss. The husband was arrested and placed in pretrial detention pending his appearance in court.

During the year a women’s advocacy group, the Wassila Network, received 200 cases of domestic violence. The Wassila Network noted this number is a fraction of actual cases since victims of domestic violence rarely report the abuse to authorities and because of a forgiveness clause provided in the legal code. The clause stipulates that, if the victim forgives his or her aggressor, legal action ceases. The Wassila Network described situations in which a victim goes to police to report a domestic violence incident and family members convince the victim to forgive the aggressor, resulting in no charges.

The law provides for sentences of one to 20 years’ imprisonment for domestic violence and six months to two years’ incarceration for men who withhold property or financial resources from their spouses.

In February 2018 the Ministry for National Solidarity, Family, and Women and UN Women launched an administrative database, named AMANE, to collect information on violence against women. They were working to translate the database into Arabic. UN Women is using the information collected to assist the government in developing targeted programs to support and protect women in vulnerable situations, including violence, as part of one of its programs funded by the Belgian Government.

Female Genital Mutilation and Cutting (FGM/C): This was not generally practiced in the country but was widely present among immigrant communities in southern sectors, particularly among Sub-Saharan African migrant groups. While this abuse is considered a criminal offense punishable by up to 25 years in prison, there were no reports of any related convictions, nor any official pronouncements by religious or secular leaders proscribing the practice.

Sexual Harassment: The punishment for sexual harassment is one to two years’ imprisonment and a fine of dinars 50,000 to 100,000 ($425 to $850); the punishment doubles for a second offense. Women’s groups reported that the majority of reported cases of harassment occurred in the workplace.

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

Discrimination: Although the constitution provides for gender equality, aspects of the law and traditional social practices discriminated against women. In addition, some religious elements advocated restrictions on women’s behavior, including freedom of movement. The law prohibits Muslim women from marrying non-Muslims, although authorities did not always enforce this provision.

Women may seek divorce for irreconcilable differences and violation of a prenuptial agreement. In a divorce, the law provides for the wife to retain the family’s home until the children reach age 18. Authorities normally awarded custody of children to the mother, but she may not make decisions about education or take the children out of the country without the father’s authorization. The government provided a subsidy for divorced women whose former husbands failed to make child support payments.

The law affirms the religiously based practice of allowing a man to marry as many as four wives. The law permits polygamy only upon the agreement of the previous and future wife, and the determination of a judge as to the husband’s financial ability to support an additional wife. It was unclear whether authorities followed the law in all cases since local authorities had significant discretion and the government did not maintain nationwide statistics.

Women suffered from discrimination in inheritance claims and were entitled to a smaller portion of an estate than male children or a deceased husband’s brothers. Women did not often have exclusive control over assets that they brought to a marriage or that they earned.

Women may own businesses, enter into contracts, and pursue careers similar to those of men. Women enjoyed rights equal to those of men concerning property ownership, and property titles listed female landowners’ names.

Children

Birth registration: The mother or father may transmit citizenship and nationality. By law, children born to a Muslim father are Muslim, regardless of the mother’s religion. The law does not differentiate between girls and boys in registration of birth.

Child Abuse: Child abuse was illegal but was a serious continued problem. The government devoted increasing resources and attention to it. A national committee is responsible for monitoring and publishing an annual report on the rights of children. The government supported the Qatari NGO Network for the Defense of Children’s Rights.

Laws prohibiting parental abduction do not penalize mothers and fathers differently, and the punishment for convicted kidnappers includes the death penalty.

Early and Forced Marriage: The legal minimum age of marriage is 19 for both men and women, but minors may marry with parental consent, regardless of gender. The law forbids legal guardians from forcing minors under their care to marry against the minor’s will. The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.

Sexual Exploitation of Children: The law prohibits solicitation for prostitution and stipulates prison sentences of between 10 and 20 years when the offense is committed against a minor under age 18. By law the age for consensual sex is 16. The law stipulates a prison sentence of between 10 and 20 years for rape when the victim is a minor.

The law established a national council to address children’s issues, gives judges authority to remove children from an abusive home, and allows sexually abused children to provide testimony on video rather than in court.

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

The country’s Jewish population numbered fewer than 200 persons.

Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy.

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, although the government did not always effectively enforce these provisions (see also section 7, Worker Rights).

The Ministry of National Solidarity, Family, and the Status of Women provided some financial support to health-care-oriented NGOs, but for many NGOs, such financial support represented a small fraction of their budgets. The government provided disability benefits to persons with disabilities who registered.

The Ministry of National Solidarity, Family, and Women reported that it ran 238 centers throughout the country that provided support for persons with intellectual, auditory, vision, and physical disabilities–down from 242 the previous year.

The ministry stated that it worked with the Ministry of Education to integrate children with disabilities into public schools to promote inclusion. The majority of the ministry’s programs for children with disabilities remained in social centers for children with disabilities rather than in formal educational institutions. Advocacy groups reported that children with disabilities rarely attended school past the secondary level. Many schools lacked teachers trained to work with children with disabilities, threatening the viability of efforts to mainstream children with disabilities into public schools.

Many persons with disabilities faced challenges in voting due to voting centers that lacked accessible features.

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

The law criminalizes public indecency and consensual same-sex sexual relations between adult men or women, with penalties that include imprisonment of six months to three years and a fine of dinars 1,000 to dinars 10,000 ($8.50 to $85). The law also stipulates penalties that include imprisonment of two months to two years and fines of dinars 500 to dinars 2,000 ($4.25 to $17) for anyone convicted of having committed a “homosexual act.” If a minor is involved, the adult may face up to three years’ imprisonment and a fine of dinars 10,000 ($85). LGBTI activists reported that the vague wording of laws criminalizing “homosexual acts” and “acts against nature” permitted sweeping accusations that resulted in multiple arrests for consensual same-sex sexual relations, but no known prosecutions during the year.

LGBTI status is not, in itself, criminalized; however, LGBTI persons may face criminal prosecution under legal provisions concerning prostitution, public indecency, and associating with bad characters. NGOs reported that judges gave harsher sentences to LGBTI persons for the above crimes compared to non-LGBTI persons. An NGO reported that LGBTI men were targeted more often than women.

The law does not extend antidiscrimination protections to LGBTI persons based on sexual orientation, gender identity or expression, or sex characteristics. Officials assert that the law covers LGBTI individuals through general civil and human rights legislation. Government officials did not take measures specifically to prevent discrimination against LGBTI persons. LGBTI persons faced discrimination in accessing health services such as longer wait times, refusal of treatment, and shaming. Some organizations maintained a list of “LGBTI-friendly” hospitals, and several NGOs operated mobile clinics specifically for vulnerable communities. NGOs reported that employers refused jobs to LGBTI persons, particularly men perceived as effeminate. Community members said that obtaining legal assistance was also a challenge due to similar discrimination.

On February 10, a medical student who had previously shared his LGBTI status on Facebook was killed in his university residence. Alouen, an LGBTI activist group, called the attack a “homophobic hate crime,” because the two assailants, reportedly peers of the victim, wrote “He is gay” on the crime scene wall in the victims’ blood. The incident sparked a protest of several hundred students as well as criticism from the media and civil society groups regarding both homophobia and security on university campuses.

Members of the LGBTI community reported that forced marriage was a problem, particularly for lesbian women.

During the year authorities blocked LGBTI NGOs from organizing meetings. The NGOs reported harassment and threats of imprisonment by government authorities.

HIV and AIDS Social Stigma

Strong social stigma towards the vulnerable groups in which HIV/AIDS was most concentrated–commercial sex workers, men who have sexual relations with men, and drug users–deterred testing of these groups. The government said it did not take measures to specifically prevent and treat HIV/AIDS in the LGBTI community.

The government’s National AIDS Committee met twice during the year. The committee brought together various government and civil society actors to discuss implementation of the national strategy to combat HIV/AIDS.

Other Societal Violence or Discrimination

Academics and activists said that sub-Saharan African migrants sometimes faced discrimination and that there were tensions in some communities between the native and migrant populations.

On February 5, a 22-year-old Zimbabwean student was stabbed and killed, sparking a protest by dozens of sub-Saharan students demanding justice. The students told reporters that foreign students regularly face aggression and assault from local citizens.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides workers with the right to join and form unions of their choice, provided they are citizens. The country has ratified the International Labor Organization’s (ILO) conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully.

The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To found a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of antiunion practices by employers.

The law permits unions to affiliate with international labor bodies and develop relations with foreign labor groups. For example, the General Union of Algerian Workers (UGTA), which represented a majority of public-sector workers, is an affiliate of the International Trade Union Confederation. Nevertheless, the law prohibits unions from associating with political parties and receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities. The government may invalidate a union’s legal status if authorities perceive its objectives to be contrary to the established institutional system, public order, good morals, law, or regulations in force.

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements.

The law provides for the right to strike, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on a number of grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore, all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included banking, radio, and television. Penalties for unlawful work stoppages range from eight days to two months’ imprisonment. The law protects union members from discrimination or dismissal based on their union activities. Penalties for violations of the rights of union members are not sufficient to deter violations. The law says any firing or other employment action based on discrimination against union members is invalid. The government did not effectively enforce these laws.

The government affirmed there were 81 registered trade unions and employers’ organizations, down from 101 in 2018. The government registered 21 new trade unions between January and September, for a net loss of 20 trade unions, likely due to mergers and smaller unions losing members. The government did not approve an application from the Confederation of Autonomous Unions, a group of 13 autonomous unions, to operate as one union. The National Council of Algerian Journalists received accreditation from the Ministry of Labor in July. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles imposed by the government as the primary obstacles to establishing legal status. In May the government hosted a visit from an ILO High-Level Mission to explore adherence to Convention 87, the Freedom of Association and Protection of the Right to Organize. The ILO mission met with the Ministry of Labor and some unions. In 2017 the ILO Committee of Experts on the Application of Conventions and Recommendations reiterated that the lengthy registration process seriously impedes the establishment of new unions.

Attempts by new unions to form federations or confederations suffered similar challenges. Representatives of the National Autonomous Union for Public Administration Personnel (SNAPAP) stated that the union continued to function without official status.

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country.

SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, the government restricted union activities and the formation of independent unions in certain critical public services sectors, such as oil and gas and telecommunications. The International Trade Union Confederation reported that judicial persecution of trade union leaders had intensified.

The Committee on the Application of Standards at the International Labor Conference again reviewed the country’s adherence to Convention 87 in June. The committee issued a number of recommendations to encourage the country to continue to promote freedom of association and organizing rights. In June the committee requested the government to reinstate employees that the committee determined were fired based on antiunion discrimination and to process expeditiously pending trade union registration applications.

There were several strikes launched in reaction to the government’s refusal to extend official recognition to fledgling new unions and its practice of engaging only with the UGTA.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, female migrants were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and forced prostitution. Designated penalties under this statute were sufficiently stringent to deter violations. Construction workers and domestic workers were reportedly vulnerable. The government did not effectively enforce the law.

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 employment by minors in dangerous, unhealthy, or harmful work or in work considered inappropriate because of social and religious considerations, yet the country has not determined by national law or regulation the types of work that are hazardous for children. The country does not bar all of the worst forms of child labor. Under the law there is no legislative provision prohibiting the use, procuring, or offering of a child under 18 years of age for the production and trafficking of drugs. The minimum legal age for employment is 16, but younger children may work as apprentices with permission from their parents or legal guardian. The law prohibits workers under age 19 from working at night. The ILO noted, however, that the country’s standard of “night” for children is only eight hours, less than the 11 hours recommended by the ILO.

Although specific data was unavailable, children reportedly worked mostly in the informal sales market, often in family businesses. There were isolated reports that children were subjected to commercial sexual exploitation. From January 1 to July 13, the national Body for the Protection and Promotion of Childhood received 760 reports of violations of the rights of children, which focused on economic exploitation and begging, along with abuse, violence, and abandonment.

The Ministry of Labor is responsible for enforcing child labor laws and refers violators to the Ministry of Justice for prosecution. There is no single office charged with this task, but all labor inspectors are responsible for enforcing laws regarding child labor. The Ministry of Labor conducted inspections and, in some cases, investigated companies suspected of hiring underage workers. From March 18 until April 8, the ministry’s Labor Inspector Service conducted inspections into child labor of 9,748 business–down from 11,575 businesses the previous year. It reported the discovery of four minors–down from 12 the year before. The law for the protection of the child criminalizes anyone who economically exploits a child with; the penalties are neither sufficiently stringent nor commensurate with those prescribed for other serious crimes. Monitoring and enforcement practices for child labor were ineffective and hampered by an insufficient number of inspectors to examine the formal and informal economy.

The Ministry of National Solidarity, Family, and Women leads a national committee composed of 12 ministries and NGOs that meets yearly to discuss child labor issues. The committee was empowered to propose measures and laws to address child labor as well as conduct awareness campaigns.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment, salary, and work environment based on age, gender, social and marital status, family links, political conviction, disability, national origin, and affiliation with a union.

Women reported facing employment discrimination with job offers being extended to less qualified male applicants. Leaders of women’s organizations reported that discrimination was common, and women were less likely to receive equal pay for equal work or promotions.

Few businesses abided by the law requiring that they reserve 1 percent of jobs for persons with disabilities. NGOs reported that the government did not enforce payment of fines for failing to abide by the law. As of September the Ministry of Labor audited 160,218 organizations and found that 2,389 companies did not respect the 1-percent quota. The government gave 89 organizations formal notices to abide by the law. The ministry has not confirmed receipt of fine payment.

The law does not explicitly prohibit discrimination with respect to employment based on sexual orientation, HIV-positive status, or religion. The government did not adequately enforce the law, since discrimination reportedly existed, specifically against migrant workers in the informal economy who lacked a legal means to address unfair working conditions.

Men held a large percentage of positions of authority in government and the private sector. NGOs reported instances in which unaccompanied migrant female youth were exploited as domestic workers and were known to be loaned out to families for extended periods to work in homes or exploited as prostitutes.

e. Acceptable Conditions of Work

A tripartite social pact among business, government, and the official union established a national, monthly minimum wage which is above the poverty income level.

The standard workweek was 40 hours, including one hour for lunch per day. Half of the lunch hour is considered compensated working time. Employees who worked longer than the standard workweek received premium pay on a sliding scale from time-and-a-half to double time, depending on whether the overtime occurred on a normal workday, a weekend, or a holiday.

The law contains occupational health and safety standards that were not fully enforced. There were no known reports of workers dismissed for removing themselves from hazardous working conditions. If workers face such conditions, they may renegotiate their contract or, failing that, resort to the courts. While this legal mechanism exists, the high demand for employment in the country gave an advantage to employers seeking to exploit employees. Labor standards do not formally allow refugee employment or adequately cover migrant laborers; therefore, many economic migrants from sub-Saharan Africa and elsewhere who worked in the informal sector, primarily in construction and as domestic workers, were at risk of labor exploitation due to their lack of legal status.

The government requires employers to declare their employees to the Ministry of Labor and to pay social security benefits. Penalties for noncompliance are insufficient to deter violations. The government allowed undeclared workers to gain credit for social security and retirement benefits for time spent in the informal economy if they repay any taxes owed after registering. The government did not effectively enforce the law.

The Labor Ministry did not employ sufficient inspectors to deter violations.

Andorra

Executive Summary

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

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

There were no reports of significant human rights abuses.

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Internet Freedom

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

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

Section 3. Freedom to Participate in the Political Process

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

Elections and Political Participation

Recent Elections: Observers considered parliamentary elections held on April 7 to be free and fair.

Participation of Women and Minorities: No laws limit the participation of women in the political process, and they did participate. Citizens were ethnically and linguistically homogeneous but, as of the end of the year, represented only 48 percent of the country’s population. The majority of the population consisted of immigrants, largely from Spain, Portugal, and France. The law requires 20 years of residency for naturalization. Because only citizens have the right to hold official positions, there were no members of minorities in government.

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively.

The government’s Service for the Assistance of Victims of Gender Violence and the Service of Domestic and Family Violence provided medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition, the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. The national hotline for victims continued to function as a 24-hour service. Victims of domestic violence could also request help from the nongovernmental organization (NGO) Andorran Women’s Association (ADA).

The National Commission for the Prevention of Domestic and Gender-based Violence, consisting of members of the Ministries of Social Affairs, Justice, and Interior; Health; and Education and Higher Instruction, as well as the judiciary and the prosecutor’s office, implemented the guide for professionals working in the assistance of victims of domestic violence. The guide provides protocols, resources, and collaboration agreements with various ministries and the ADA. The government launched a new mechanism called “Purple Code” by which victims of domestic and gender violence can activate all the relevant protocols by just saying “purple code” to hospital workers and law enforcement agents.

The Department of Equality Policies, which promotes and develops programs to prevent and fight against gender and domestic violence as well as any other forms of inequality, provided training on gender violence to workers in the national and municipal administrations, the fire department, and law enforcement agencies, as well as for lawyers and journalists. The government, with the support of the Andorran Telecom, launched an awareness campaign against gender violence through social media with the participation of a well known influential YouTube personality.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three-months’ to three years’ imprisonment. As of the end of August, no cases were reported to authorities. Victims were reluctant to file a complaint due to fear of reprisal.

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

Discrimination: The law prohibits discrimination privately or professionally with fines up to 24,000 euros ($26,400). The government enforced the law effectively. In July a court sentenced a Spanish resident convicted of discrimination against women, homosexuals, and immigrants and of inciting hatred to one year in prison and expulsion from the country for five years for disseminating xenophobic and racist messages through several social media platforms.

Children

On February 15, parliament approved the Law on the Rights of Children and Adolescents, which merges and updates the existing legislation and incorporates relevant international standards on the rights of the child.

Birth Registration: According to the law, citizenship is acquired at birth in the following circumstances: a child is born in the country to an Andorran parent or born abroad to an Andorran parent born in the country; a child is born in the country if either parent was born in the country and is living there at the time of birth; or if a child is born in the country and both parents are stateless or of unknown identity. A child of foreign parents may acquire Andorran nationality by birth in the country if at the time of birth one of the parents completed 10 years in the country. Otherwise, the child may become a citizen before attaining the age of majority or a year after reaching the age of majority if his or her parents have been permanently resident in the country for 10 years or if the person can prove that he or she has lived in the country permanently and continuously for the last five years. In the meantime, the child has a provisional passport.

Children are registered at birth.

Child Abuse: The law prohibits child abuse punishable by three months’ to six years’ imprisonment. The government’s Specialized Child Protection Team consisted of one social worker and four psychologists. The team, which intervened in situations where children and young persons were at risk or lacked protection, collected data on cases of child abuse. As of September authorities assisted 219 minors at risk. As of September, 19 minors lived in a shelter designated for them.

Early and Forced Marriage: The minimum legal age of marriage is 16 for girls and boys and as young as 14 with judicial authorization.

Sexual Exploitation of Children: The law against rape also covers statutory rape. The law bans slavery and servitude with a maximum of 12 years’ imprisonment and trafficking in persons for the purpose of slavery and servitude with a maximum of six years.

The law punishes anyone who manages or finances premises used for prostitution; who aids, abets, or fosters prostitution; or who incites another person to engage in prostitution by means of violence or intimidation or on the basis of need, superiority, or deceit. The law specifically penalizes trafficking in human beings for sexual exploitation with penalties of up to six years of imprisonment.

Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years. The penalty for statutory rape is 15 years’ imprisonment, the same as for rape in general.

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

Unofficial estimates placed the size of the Jewish community at 100 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that Andorra was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities. The Ministry of Social Affairs, Justice, and Interior received requests for psychological, social, and legal assistance from persons with disabilities.

The Ministry of Social Affairs, Justice, and Interior established the Service for Personal Autonomy to support persons with disabilities and their families. The ministry also launched a program of leisure activities for persons with disabilities older than age 18. Local organizations continued to prioritize accessibility for persons with disabilities and their entry into the workforce.

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

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. There were few cases of violence based on sexual orientation, gender identity, or sex characteristics. The Ministry of Social Affairs, Justice, and Interior received requests for psychological, social, and legal assistance from individuals based on their gender identity or expression. NGOs called for appropriate training on transsexuality, especially for professionals working with children, including medical professionals, teachers, and civil servants. Complaints on the grounds of sexual orientation and gender identity may be brought before the civil and administrative courts.

The Ministry of Social Affairs, Justice, and Interior organized specialized training sessions for youth on lesbian, gay, bisexual, transvestite, and intersex problems oriented to reduce stigma and promote tolerance and acceptance. The ministry also launched an awareness campaign through social media platforms to foster diversity and tolerance.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

d. Discrimination with Respect to Employment and Occupation

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

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

e. Acceptable Conditions of Work

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

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

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

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

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The Lessons of 1989: Freedom and Our Future