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Crimea

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

According to the June UN secretary-general’s special report, “public events initiated by perceived supporters of Ukrainian territorial integrity or critics of policies of the Russian Federation in Crimea were reportedly prevented or prohibited by occupation authorities.”

Human rights monitors reported that occupation authorities routinely denied permission to hold assemblies based on political beliefs, in particular to opponents of the occupation or those seeking to protest the actions of the occupation authorities. Those who gathered without permission were regularly charged with administrative offenses. Expansive rules about what type of gatherings required permits and selective enforcement of the rules made it difficult for protesters to avoid such offenses. For example, according to a local news website, on January 19, police shut down a small women-led rally in Kerch against the possible closure of the Taigan Safari Park, which faced mismanagement-related litigation in Russia-based courts. Police and representatives of the Kerch city council told the rally’s participants that holding a public event unauthorized by the city council was illegal. The participants complied in ending the rally, and several of them began disseminating leaflets to passers-by. An hour later, police detained several of the women and took them to the police station. Police did not register the arrests.

Occupation authorities brought charges for “unauthorized assemblies” against single-person protests, even though preauthorization is not required for individual protests. For example, according to the Crimean Human Rights Group, on June 8, police charged activist Serhiy Akimov with an administrative offense for holding a one-person protest in Simferopol in front of the Crimean “parliament” building in support of Russian politician Nikolay Platoshkin, who was under house arrest in Moscow.

There were reports that authorities used a ban on “unauthorized missionary activity” to restrict public gatherings of members of religious minorities. For example, on April 1, the “prosecutor” of Alushta opened administrative proceedings against Yusuf Ashirov, the imam of the local Islamic community, for “illegal missionary activity.” The prosecutor did not explain how Ashirov’s performance of Friday prayers, a traditional rite for Muslims, violated the law.

A “regulation” limits the places where public events may be held to 366 listed locations, which, as the HRMMU noted, restricted the ability to assemble to a shrinking number of “specially designated spaces,” a move that appeared “designed to dissuade” peaceful assembly.

There were reports occupation authorities charged and fined individuals for allegedly violating public assembly rules in retaliation for gathering to witness security force raids on homes.

Freedom of Association

See the Country Reports on Human Rights for Russia for a description of the relevant Russian laws and procedures that the Russian government applied and enforced in occupied Crimea.

Occupation authorities broadly restricted the exercise of freedom of association for individuals who opposed the occupation. For example, there were numerous reports of authorities taking steps to harass, intimidate, arrest, and imprison members of the human rights group Crimean Solidarity, an unregistered movement of friends and family of victims of repression by occupation authorities (see section 1.d.). During the year the Crimean Human Rights Group documented multiple cases in which police visited the homes of Crimean Solidarity activists to threaten them or warn them not to engage in “extremist” activities. For example, on May 6, Seyran Menseitov, a member of the Crimean Solidarity movement, received a letter from the Yevpatoriya “prosecutor’s office,” which warned him against participating in gatherings related to the May 18 “Day of Remembrance for the victims of the Crimean Tatar Genocide,” as they might constitute “extremist” activities. At least 10 other Crimean Tatar activists and journalists received similar “preventive warnings” in advance of the May 18 holiday.

According to human rights groups, Russian security services routinely monitored prayers at mosques for any mention that Crimea remained part of Ukraine. Russian security forces also monitored mosques for anti-Russia sentiment and as a means of recruiting police informants, whose secret testimony was used in trials of alleged Hizb ut-Tahrir members.

The Mejlis of the Crimean Tatar People remained banned for purported “extremism” despite a decision by the International Court of Justice holding that occupation authorities must “refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis.” Following the 2016 ban on the Crimean Tatar Mejlis as an “extremist organization,” occupation authorities banned gatherings by Mejlis members and prosecuted individuals for discussing the Mejlis on social media.

Section 7. Worker Rights

Occupation authorities announced the labor laws of Ukraine would not be in effect after 2016 and that only the laws of the Russian Federation would apply.

Occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to the exercise of freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. Pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.

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Ukraine

Switzerland

Section 2. Respect for Civil Liberties, Including:

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.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

Syria

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The regime limited freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution provides for the freedom of peaceful assembly, but the law grants the government broad powers to restrict this freedom.

The Ministry of Interior requires permission for demonstrations or any public gathering of more than three persons. As a rule the ministry authorized only demonstrations by the regime, affiliated groups, or the Baath Party, orchestrating them on numerous occasions. Freedom House reported that residents of Sweida used Facebook to call for protests in January against corruption and deteriorating economic conditions in regime-held areas under the campaign slogan “We Want to Live.” Further protests in Sweida prompted a regime crackdown in June, in which regime security forces and proregime militias assaulted and arbitrarily detained protesters.

According to allegations by human rights activists and press reporting, at times the Kurdish Democratic Union Party (PYD) and the YPG suppressed freedom of assembly in areas under their control. Throughout the year inhabitants in Deir Ez-Zour protested against alleged corruption by SDF officials, lack of access to basic services, reports of forced conscription of youths into the SDF, and lack of information on the status of men and boys detained by the SDF due to suspected affiliations to ISIS. Protests generally occurred throughout northeast Syria on a variety of issues without interference from local authorities; however, the SNHR reported SDF members opened fire on a protest in Mheimida, killing Najm Hussein al-Atwan, and the SDF arbitrarily detained 28 civilians in al-Sh-heil and al-Hawayij following protests in those areas. The SDF reported arresting, trying, and convicting one member of its forces for opening fire and killing an unarmed demonstrator.

During the year the HTS repressed civil society activity and public protests. Media outlets and the SNHR reported HTS militants shot and killed Saleh al-Mrie in April when they opened fire on civilians protesting the opening of a commercial border to link territory controlled by the HTS with regime-held areas.

Freedom of Association

The constitution provides for the freedom of association, but the law grants the regime latitude to restrict this freedom. The regime required prior registration and approval for private associations and restricted the activities of associations and their members. The executive boards of professional associations were not independent of the regime.

None of the local human rights organizations operated with a license, due to the regime’s practice of denying requests for registration or failing to act on them, reportedly on political grounds, but some functioned under organizations that had requisite government registration. The regime continued to block the multiyear effort by journalists to register a countrywide media association, but journalists in exile continued working to empower the role of freedom of the press and expression through the Syrian Journalist Association, an independent democratic professional association established in 2012 by Syrians in exile.

The regime selectively enforced the 2011 decree allowing the establishment of independent political parties, permitting only proregime groups to form official parties (see section 3). According to local human rights groups, opposition activists declined to organize parties, fearing the regime would use party lists to target opposition members.

Under laws that criminalize membership and activity in illegal organizations as determined by the regime, security forces detained individuals linked to local human rights groups, prodemocracy student groups, and other organizations perceived to be supporting the opposition, including humanitarian groups.

The HTS and other armed groups also restricted freedom of association in areas they controlled. The SNHR reported al-Qa’ida-linked Hurras al-Din kidnapped Khaled Mdallala, a prominent activist and director of the Sham al-Khair Association, on February 24 as part of its effort to repress and restrict civil society organizations operating in Idlib. TSOs reportedly detained residents based on their affiliation with the SNES (see section 1.d.).

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

While the law provides for the right to form and join unions, conduct legal labor strikes, and bargain collectively, there were excessive restrictions on these rights. The law prohibits antiunion discrimination but also allows employers to fire workers at will.

The law requires all unions to belong to the regime-affiliated General Federation of Trade Unions (GFTU). The law prohibits strikes involving more than 20 workers in certain sectors, including transportation and telecommunications, or strike actions resembling public demonstrations. Restrictions on freedom of association also included fines and prison sentences for illegal strikes.

The law requires that government representatives be part of the bargaining process in the public sector, and the Ministry of Social Affairs and Labor could object to, and refuse to register, any agreements concluded. The law and relevant labor protections do not apply to workers covered under civil service provisions, under which employees neither have nor are considered to need collective bargaining rights. The law does not apply to foreign domestic servants, agricultural workers, NGO employees, or informal-sector workers. There are no legal protections for self-employed workers, although they constituted a significant proportion of the total workforce. Foreign workers may join the syndicate representing their profession but may not run for elected positions, with the exception of Palestinians, who may serve as elected officials in unions.

The regime did not enforce applicable laws effectively or make any serious attempt to do so during the year. Penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.

The Baath Party dominated the GFTU, and Baath Party doctrine stipulates that its quasi-official constituent unions protect worker rights. The GFTU president was a senior member of the Baath Party, and he and his deputy could attend cabinet meetings on economic affairs. In previous years the GFTU controlled most aspects of union activity, including which sectors or industries could have unions. It also had the power to disband union governing bodies. Union elections were generally free of direct GFTU interference, but successful campaigns usually required membership in the Baath Party. Because of the GFTU’s close ties to the regime, the right to bargain collectively did not exist in practical terms. Although the law provides for collective bargaining in the private sector, past regime repression dissuaded most workers from exercising this right.

There was little information available on employer practices with regard to antiunion discrimination. Unrest and economic decline during the year caused many workers to lose their private-sector jobs, giving employers the stronger hand in disputes.

Taiwan

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, conduct strikes, and bargain collectively. The law prohibits discrimination, dismissal, or other unfair treatment of workers for union-related activities and requires reinstatement of workers fired for legal trade union activity. Employees hired through dispatching agencies (i.e., temporary workers) do not have the right to organize and bargain collectively in the enterprises where they work.

The Labor Incident Act, which entered into force in January, clearly defines labor disputes and establishes special labor courts in the judicial system to handle all labor cases, including collective disputes involving a union.

According to the law, there are three types of unions: enterprise unions, industrial unions, and professional unions. Enterprise unions must have 30 members to form and there may only be one union per enterprise. Employees in companies with fewer than 30 workers may only join a professional union or an industrial union to exercise their rights. Industrial unions link workers in the same industry. Professional unions must be within the geographic boundaries of local administrative divisions; membership across boundaries is prohibited.

The right to strike remained highly restricted. Teachers, civil servants, and defense industry employees do not have the right to strike. Workers in industries such as utilities, hospital services, and telecommunication service providers are allowed to strike only if they maintain basic services during the strike. Authorities may prohibit, limit, or break up a strike during a disaster. Workers are allowed to strike only in “adjustment” disputes which include issues such as compensation and working schedules. The law forbids strikes related to rights guaranteed under the law.

The law requires mediation of labor disputes when authorities deem them sufficiently serious or involving unfair practices. Most labor disputes involved wage and severance issues. Local labor authorities often settle disputes through mediation or arbitration. Mediation usually resolved most cases within 20 days. Legally binding arbitration generally took between 45 and 79 working days. The law prohibits strikes or other acts of protest during conciliation or arbitration proceedings. Labor organizations stated this prohibition impeded workers’ ability to exercise their right to strike.

Through July the economic impact of COVID-19 increased labor dispute cases by 15 percent, particularly related to wage disputes and improper dismissals.

The Ministry of Labor oversees implementation and enforcement of labor laws in coordination with local labor affairs authorities. Authorities effectively enforced laws providing for the freedom of association and collective bargaining. Ministry arbitration committees reviewed cases of antiunion activities, and authorities subjected violators to fines or restoration of employee’s duties. Such fines were not commensurate with those for other laws involving denials of civil rights.

Large enterprises frequently made it difficult for employees to organize an enterprise union through methods such as blacklisting union organizers from promotion or relocating them to other work divisions. These methods were particularly common in the technology sector. There was only one enterprise union among the 520 companies in Hsinchu Science Park, where more than 150,000 employees work. The authorities provide financial incentives to enterprise unions to encourage negotiation of “collective agreements” with employers that detail their employees’ immediate labor rights and entitlements.

Tajikistan

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government limited freedoms of peaceful assembly and association through requirements to obtain permission from local governments and through frequent inspections by various government agencies.

Freedom of Peaceful Assembly

The constitution provides the right to freedom of peaceful assembly, but the government required that individuals obtain permission from the government to stage public demonstrations. Individuals considering the staging of peaceful protests reportedly chose not to do so for fear of government reprisal.

Many female activists were subjected to anonymous harassment and attempts to denigrate them in social networks, including by falsely portraying them as sex workers, in retaliation for their participation in protests. In January the Vahdat police department refused to open a criminal case regarding the distribution of a video, which first appeared in September 2019, containing sexual scenes of activist D.M. with a man whose face on the video was erased. D.M. was among those who in April 2019 collected signatures requesting the president cancel the order to increase fees for mobile internet. The letter from the Investigative Department of Vahdat stated that no criminal case was opened due to the absence of evidence of a crime on the part of the man in the video.

On March 17, the GKNB detained and interrogated the former Dushanbe-based director of RFE/RL’s Tajik service Radio Ozodi, Nisso Rasulova. Observers believed the GKNB targeted Rasulova for attending a women’s empowerment event on March 13. The GKNB reportedly attempted, and failed, to prevent the event from taking place. After finding a venue and holding the event, several participants reported they were contacted, threatened, and blackmailed by GKNB agents.

On July 16, a Khatlon District Court sentenced 10 Khuroson residents to up to 10 days in prison for blocking a major highway on May 17 in a protest demanding government action in response to a mudslide. After heavy rain on May 14-16 caused extensive damage to critical infrastructure across the Khuroson region, dozens of residents took to the streets in protest. Police responded by dispersing the protestors with force. On May 18, the governor of Khatlon met with disaster victims, promising that government aid would be forthcoming, but also warning that “a tough response would follow any provocation.” As of October, in addition to the 10 convictions on July 16, six additional criminal cases against other protestors were still pending.

Freedom of Association

The constitution protects freedom of association, but the government restricted this right. In 2019 President Rahmon signed into law amendments to the Law on Public Associations (PAs) which require all PAs to post detailed financial reports on their websites and impose burdensome reporting requirements. As in the previous year, civil society organizations reported a noticeable increase in the number and intensity of registration and tax inspections by authorities.

On January 2, the president signed amendments to the code on administrative offenses. The penalty for managing the activities of unregistered, suspended, or prohibited public or religious associations increased fourfold, up to $1,200. Participation in the activities of such associations is now punishable by a penalty of up to $600, a sharp increase from the previous maximum penalty of $42. Individuals and organizations charged with funding the activities of illegal organizations also face fines.

The government continued to enforce the ban on activities held under the banner of the IRPT. As a result of a 2016 constitutional referendum, religious-affiliated political parties are banned.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions but requires registration for all NGOs, including trade unions, but the government did not effectively enforce the law. The law also provides that union activities, such as collective bargaining, be free from interference except “in cases specified by law,” but the law does not define such cases. Collective bargaining contracts covered 90 percent of workers in the formal sector.

Workers have the right to strike, but the law requires that meetings and other mass actions have prior official authorization, limiting trade unions’ ability to organize meetings or demonstrations. The law provides for the right to organize and bargain collectively, but it does not specifically prohibit antiunion discrimination. Penalties were commensurate with those under other laws involving denials of civil rights.

Workers joined unions, but the government used informal means to exercise considerable influence over organized labor, including influencing the selection of labor union leaders. The government-controlled umbrella Federation of Trade Unions of Tajikistan did not effectively represent worker interests. There were reports the government compelled some citizens to join state-endorsed trade unions and impeded formation of independent unions. There were no reports of threats or violence by government entities toward trade unions; however, government influence inhibited workers from fully exercising or demanding their rights. Most workers’ grievances were resolved with mediation between employees, with support from their union, and employer. Anecdotal reports from multiple in-country sources stated that citizens were reluctant to strike due to fear of government retaliation.

Labor NGOs not designated as labor organizations played a minimal role in worker rights, as they were restricted from operating fully and freely. In 2019 police reportedly arrested 15 agricultural workers, charging them with organizing an illegal event after they protested outside the Dushanbe headquarters of Faroz, a company belonging to President Rahmon’s family. Dozens of workers had gathered around the gates of the company to object to proposed lower wages for harvesting the medicinal plant ferula. All were subsequently released within 10 to 15 days of their arrest, with some paying nominal fines.

Tanzania

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

Freedom of Peaceful Assembly

The government restricted freedom of peaceful assembly, including through bans decreed by authorities but not supported by law. For example, in June 2016 the government banned political parties from organizing political activities and rallies until the campaign schedule for the October 28 elections was announced in August. The government requires organizers of political rallies to obtain police permission. Any organizing of demonstrations or rallies online is prohibited. Police may deny permission on public safety or security grounds or if the permit-seeker belongs to an unregistered organization or political party. The government and police limited the issuance of permits for public demonstrations and assemblies to opposition political parties, NGOs, and religious organizations. The only allowable political meetings are by MPs in their constituencies; outside participants, including party leaders, are not permitted to participate. The government restricted nonpolitical gatherings deemed critical of the government.

Prior to the beginning of the election season in August, the ruling Revolution Party (CCM) was the only party allowed to conduct public rallies on a regular basis. It used the umbrella of the implementing party manifesto to inform members when it was time to register to vote.

The opposition party rallies were not only shut down but police also used teargas to disperse CHADEMA gatherings on numerous occasions. For example, on September 28, police in the Mara region used teargas to disperse a crowd that had gathered to support CHADEMA presidential candidate Tundu Lissu as his motorcade passed by en route to an official campaign event.

On January 14, police briefly detained popular Zanzibar opposition leader Seif Sharif Hamad and questioned him concerning alleged illegal assembly in December 2019. He was later released.

On February 29 in Kilimanjaro, police arrested CHADEMA chairman Freeman Mbowe shortly after his political rally at Nkoromu Hai, for allegedly not obtaining a permit. He was later released.

On June 23 in Kilwa, police arrested ACT-Wazalendo party leader and MP Zitto Kabwe and five others for illegal assembly while they attended an internal party meeting. They were later transferred to Lindi and released on bail. At the end of the year, the case was ongoing.

On July 22, ACT-Wazalendo party representatives reported that police arrested 14 party members in Masasi, Mtwara, for attending an internal party meeting. The meeting was led by ACT Chair Seif Sharif Hamad, who departed the meeting before the arrests.

In the aftermath of the elections, the government arrested opposition leaders in both the mainland and on Zanzibar. On November 1 and 2, several opposition leaders and members were arrested after calling for peaceful democratic protests in opposition to the October 28 elections. Some of those arrested included CHADEMA chairman Freeman Mbowe, CHADEMA presidential candidate Tundu Lissu, ACT-Wazalendo leader Zitto Kabwe, along with other prominent opposition leaders and members throughout the country. The protests never manifested.

On Zanzibar several ACT-Wazalendo leaders, including Zanzibar presidential candidate Sharif Seif Hamad and Deputy Secretary General of Zanzibar Nassor Mazrui were arrested after calling for peaceful protests. Some ACT-Wazalendo leaders were reportedly beaten by police after they were arrested. There were also reports of heavily armed security forces patrolling the streets to stop any protests. In Pemba, the smaller of the two main islands that make up Zanzibar, there were reports of a full security lockdown, with some reports of widespread violence, including gender-based violence. Pemba was also reportedly subject to a complete internet blackout while the lockdown was in place.

Freedom of Association

The constitution provides for freedom of association, and the government generally respected this right. Thousands of NGOs and societies operated in the country. Political parties were required to register and meet membership and other requirements. Freedom of association for workers was limited (see section 7.a.).

According to the Legal and Human Rights Center (LHRC) and the International Center for Not-for-Profit Law, the freedom of association for NGOs has been jeopardized by the law, which reduces the autonomy of NGOs and provides for excessive regulation of the NGO sector. The registrar stated that the process of deregistering underscored the need for NGOs to comply with the law and provide transparency and accountability in their activities. Under existing law, however, the registrar of NGOs is granted sweeping powers to suspend and deregister NGOs, leaving loopholes that could be used to obstruct political opposition and human rights NGOs.

The law makes a distinction between NGOs and societies and applies different registration procedures to the two. It defines a society as any club, company, partnership, or association of 10 or more persons, regardless of its purpose, and notes specific categories of organizations not considered societies, such as political parties. The law defines NGOs to include organizations whose purpose is to promote economic, environmental, social, or cultural development; protect the environment; or lobby or advocate on topics of public interest. Societies and NGOs may not operate until authorities approve their applications.

In May the minister of home affairs stated that from July 2019 to March the Registrar of Societies received 248 registration applications, 156 from religious institutions and 92 from CSOs. The registrar registered 71 applications, three were disqualified as they did not meet the registration criteria, and 174 were still working on their applications. NGOs in Zanzibar apply for registration with the Zanzibar Business and Property Registration Agency. While registration generally took several weeks, some NGOs waited months if the registrar determined additional research was needed.

In September an official from the Zanzibar office of the Tanzania Media Women Association said registering NGOs was still a problem in Zanzibar. This official also said authorities continued to interfere with the affairs of NGOs. NGOs were forced to change wording in their constitutions to get registered, and some NGOs were blacklisted, deregistered, or had their operations withheld.

During the year the NGO registrar sought to deregister at least 250 NGOs. In August the government froze the bank accounts of the Tanzanian Human Rights Defenders Coalition and arrested its director, Onesmo Olengurumwa, and has actively sought to suspend or prevent the functioning of several others–including the NGO Inclusive Development for Change, and on Zanzibar, the Centre for Strategic Litigation (see also section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The mainland and Zanzibari governments have separate labor laws. Workers on the mainland, except for workers in the categories of “national service” and prison guards, have the right to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. The government nevertheless restricted these rights. Reinstatement of workers fired for trade union activity is not mandatory.

Trade unions in the private sector must consist of more than 20 members and register with the government, while public-sector unions need 30 members. Five organizations are required to form a federation. Trade union affiliation with nonunion organizations can be annulled by the Labor Court if it was obtained without government approval, or if the union is considered an organization whose remit is broader than employer-worker relations. A trade union or employers association must file for registration with the Registrar of Trade Unions in the Ministry of Labor within six months of establishment. The law, however, does not provide for specific time limits within which the government must register an organization, and the registrar has the power to refuse registration on arbitrary or ambiguous grounds. The government prescribes the terms of office of trade union leaders. Failure to comply with government requirements is subject to fines, imprisonment, or both.

The law requires unions to submit financial records and a membership list to the registrar annually and to obtain government approval for association with international trade unions. The registrar can apply to the Labor Court to deregister or suspend unions if there is overlap within an enterprise or if it is determined the union violated the law or endangered public security.

Collective bargaining agreements must be registered with the Labor Commission. Public-service employees, except for limited exceptions, such as workers involved in “national service” and prison guards, may also engage in collective bargaining.

Employers have the right to initiate a lockout, provided they comply with certain legal requirements and procedures. For a strike to be declared legal, the law requires three separate notifications of intent, a waiting period of at least 92 days, and a union vote in the presence of a Ministry of Labor official that garners approval by at least 75 percent of the members voting. All parties to a dispute may be bound by an agreement to arbitrate, and neither party may then engage in a strike or a lockout until that process has been completed. Disputes regarding adjustments to or the terms of signed contracts must be addressed through arbitration and are not subject to strikes.

The law restricts the right to strike when a strike would endanger the life and health of the population. Picketing in support of a strike or in opposition to a lawful lockout is prohibited. Workers in sectors defined as “essential” (water, sanitation, electricity, health services, health laboratory services, firefighting, air traffic control, civil aviation, telecommunications, and any transport services required for these services) may not strike without a pre-existing agreement to maintain “minimum services.” Workers in other sectors may also be subject to this limitation as determined by the Essential Services Committee, a tripartite committee composed of employers, workers, and government representatives with the authority to deem which services are essential.

An employer may not legally terminate an employee for participating in a lawful strike or terminate an employee who accedes to the demands of an employer during a lockout.

Penalties for violations were not sufficient to deter violations. Penalties were commensurate with penalties for similar violations. Disputes over antiunion discrimination must be referred to the Commission for Mediation and Arbitration, a governmental department affiliated with the Ministry of Labor. There was no public information available regarding cases of antiunion discrimination.

There were no reports of sector-wide strikes or any other major strikes.

In Zanzibar the law requires any union with 50 or more members to be registered, a threshold few companies could meet. The law sets literacy standards for trade union officers. The law provides the registrar considerable powers to restrict union registration by setting criteria for determining whether an organization’s constitution protects its members’ interests. The law applies to both public- and private-sector workers and bans Zanzibari workers from joining labor unions on the mainland. The law prohibits a union’s use of its funds, directly or indirectly, to pay any fines or penalties incurred by trade union officials in the discharge of their official duties. In Zanzibar both government and private-sector workers have the right to strike as long as they follow procedures outlined in the law. For example, workers in essential sectors may not strike; others must give mediation authorities at least 30 days to resolve the issue in dispute and provide a 14-day advance notice of any proposed strike action.

The law provides for collective bargaining in the private sector. Public-sector employees have the right to bargain collectively through the Trade Union of Government and Health Employees; however, members of the police force and prison service, and high-level public officials (for example, the head of an executive agency) are barred from joining a trade union. Zanzibar’s Dispute Handling Unit addresses labor disputes. In Zanzibar judges and all judicial officers, members of special departments, and employees of the House of Representatives are excluded from labor law protection. In Zanzibar the courts are the only venue in which labor disputes can be heard. Enforcement of labor law in Zanzibar is insufficient, especially on the island of Pemba.

The government did not effectively enforce the law protecting the right to collective bargaining. Penalties were commensurate with penalties for similar violations. On both the mainland and in Zanzibar, private-sector employers adopted antiunion policies or tactics, although discriminatory activities by an employer against union members are illegal. The Trade Union Congress of Tanzania (TUCTA)’s 2018 annual report claimed that international mining interests bribed government officials to ignore workers’ complaints and write false favorable reports on work conditions in mines. TUCTA also reported that employers discouraged workers from collective bargaining and retaliated against workers’ rights activists via termination of employment and other measures.

TUCTA expressed concern over the proposal of a new formula for calculating pensions. Under the new formula, 25 percent of a pension would be issued as a lump sum while the remaining 75 percent would be paid in monthly installments. TUCTA called for the government to revert to the old formula, under which workers received a 50 percent lump sum payment upon retirement. By the end of December 2018, President Magufuli announced the new formula would not go into effect until 2023 to provide more time to reach consensus.

Thailand

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The country experienced large-scale peaceful protests from July through November.  That said, the government restricted freedoms of peaceful assembly and association and arrested and brought charges against dozens of protest leaders under the COVID-19 emergency decree, sedition legislation, and other laws.

Freedom of Peaceful Assembly

The constitution grants the freedom to assemble peacefully, subject to restrictions enacted to “protect public interest, peace and order, or good morals, or to protect the rights and liberties of others.” The government continued to prosecute prodemocracy and other human rights activists for leading peaceful protests.

In February student protesters and democracy activists began staging antigovernment rallies to protest the Constitutional Court’s decision to dissolve the Future Forward Party. In March, Prime Minister Prayut declared a state of emergency in an effort to contain the spread of COVID-19 and renewed the COVID-19 emergency decree every succeeding month of the year. In June police arrested Tattep “Ford” Ruangprapaikitseri, Parit “Penguin” Chiwarak, and Panusaya “Rung” Sithijirawattanakul for violating the COVID-19 emergency decree by holding two rallies to protest the disappearance of activist Wanchalearm Satsaksit and to commemorate the 1932 revolution that ended the country’s absolute monarchy. A July demonstration at the Democracy Monument in Bangkok led to sedition and other charges against more than 30 protest leaders.

Although the government eased restrictions related to public assembly under the COVID-19 emergency decree effective August 1, police continued to arrest protest leaders on charges of sedition and violations of other legislation. An August protest that called for reform of the monarchy led to computer-crime and sedition charges against protest leaders.

In September protest leaders Arnon Nampa and Panupong “Mike” Jadnok were detained for five days after a ruling that they had violated the terms of bail conditions from a prior arrest by continuing to participate in antigovernment protests.

On October 15, after a brief confrontation between a group of protesters and the queen’s motorcade, the government issued a “severe emergency decree” that limited gatherings to no more than five persons. On October 16, police deployed water cannons laced with skin irritants to disperse protesters who had gathered in violation of the decree. On October 22, Prime Minister Prayut cancelled the decree as protests continued unabated. Dozens of protesters were charged for participating in demonstrations during that period, and protest leaders Penguin, Rung, and Mike were arrested and detained for three weeks before their release on bail.

According to Thai Lawyers for Human Rights, authorities filed charges against approximately 175 protesters in October and November for their participation in antigovernment demonstrations. Three activists faced the possibility of life imprisonment for the incident related to the queen’s motorcade. More than 30 protesters, including a high school student, age 16, were issued summons warrants to face lese majeste charges, which carry a three- to 15-year prison sentence, and more than 10 protest leaders have two or more lese majeste charges against them. At least 45 individuals, including a high school student, age 17, faced sedition charges which carry a maximum of seven years in prison. Many protest leaders faced multiple charges connected to various protest events.

Freedom of Association

The constitution grants individuals the right to free association subject to restrictions by law enacted to “protect public interest, peace and order, or good morals.”

The law prohibits the registration of a political party with the same name or logo as a legally dissolved party.

On February 21, the Constitutional Court dissolved the opposition Future Forward Party, ruling that the party took an illegal loan from its leader, Thanathorn Juangroongruangkit, and banned the party’s executives, including Thanathorn, from participating in politics until 2030 (see section 3).

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides that a person shall enjoy the liberty to unite and form an association, cooperative, union, organization, community, or any other group. The law provides for the right of workers in certain private-sector and state-owned enterprises (SOEs) to form and join independent trade unions. The law does not allow public-sector and migrant workers to organize trade unions. Civil servants may assemble as a group, provided that such assembly does not affect the efficiency of national administration and continuity of public services and does not have a political objective. The law provides for the right of certain workers to bargain collectively and to conduct legal strikes, although these rights come with some restrictions.

By law only workers with the same employer or in the same industry may form a union. Subcontract workers, even if working in the same factory and doing the same job as full-time workers, may not join the same union because they are classified as belonging to the service industry while full-time workers come under the “manufacturing industry.” Nevertheless, the law makes subcontract workers eligible for the same benefits as those enjoyed by union members. The inability of subcontract workers and full-time workers to join the same union limits the unions’ ability to bargain collectively as a larger group. In addition short-term contract workers are less likely to join unions, fearing antiunion retaliation in the form of nonrenewal of their contracts. Labor advocates claimed that many companies hire subcontract workers to undermine unionization efforts. A survey of the auto parts and electronics industries found that more than 45 percent of the workforce consisted of subcontract workers, approximately half on short-term contracts.

The law does not protect union members against antiunion discrimination by employers until their union is registered. To register a union, at least 10 workers must submit their names to the Department of Labor Protection and Welfare (DLPW). The verification process of vetting the names and employment status with the employer exposes the workers to potential retaliation before registration is complete. Moreover, the law requires that union officials be full-time employees of the company or SOE and prohibits permanent union staff. The law allows one union per SOE. Banks, trains, airlines, airports, marine ports, and postal services are among those industries owned by SOEs. If an SOE union’s membership falls below 25 percent of the eligible workforce, regulations require dissolution of the union. The law restricts formal links between unions of SOEs and their private-sector counterparts because they are governed by two separate laws.

The law requires unions to have 20 percent membership to bargain collectively. The law allows employees at workplaces without a union to submit collective demands if at least 15 percent of employees are listed as supporting that demand.

Employees in private enterprises with more than 50 workers may establish “employee committees” to represent workers’ interests in employment benefits; employees may also form “welfare committees” to represent workers’ interests in welfare benefits and nonfinancial interests. Employee and welfare committees may offer employers suggestions but are barred from submitting labor demands or going on strike.

The law prohibits employers from taking adverse employment actions against workers for their participation in these committees and from obstructing the work of the committees. Union leaders often join employee committees to avail themselves of this legal protection. Within 29,305 enterprises which have more than 50 workers in the country, there are 1,486 labor unions and 687 employee committees. NGOs reported that welfare committees were uncommon in the border regions where the majority of workers are migrants.

The law provides workers with the right to strike if they notify authorities and employers 24 hours in advance and if the strike does not include a demonstration on public roads. The government may block private-sector strikes with national security implications or with negative repercussions on the population at large. Strikes and lockouts are prohibited at SOEs, and penalties for violations include imprisonment, fines, or both.

The law prohibits termination of employment of legal strikers but permits employers to hire temporary workers or use subcontract workers to replace strikers. The legal requirement to call a general meeting of trade-union members and obtain strike approval by at least 50 percent of union members constrained strike action since many factories use shift workers, making it difficult to attain a quorum.

In May the minister of labor issued an order prohibiting employer lockouts and employee strikes while the emergency decree to contain the COVID-19 outbreak was in effect. The decree required any labor dispute to be arbitrated by a Labor Relations Committee in order to maintain public safety and ease industrial relations conflicts during the COVID-19-induced recession. NGOs criticized the order for violating the rights of workers to bargain collectively, while the government and certain union leaders viewed the decree as a means to promote negotiations to find ways to prevent business closures and mass layoffs.

Labor courts or the Labor Relations Committee may make determinations on complaints of unfair dismissals or labor practices and may require compensation or reinstatement of workers or union leaders with wages and benefits equal to those received prior to dismissal. The Labor Relations Committee consists of representatives of employers, government, and workers groups, and there are associate labor court judges who represent workers and employers.

Noncitizen migrant workers, whether registered or undocumented, do not have the right to form unions or serve as union officials. Migrants may join unions organized and led by Thai citizens. Migrant-worker participation in unions is low due to language barriers, weak understanding of legal rights, frequent changes in employment status, membership fees, restrictive union regulations, and segregation of citizen workers from migrant workers by industry and by zones (particularly in border and coastal areas) as well as due to migrants’ fears of losing their jobs due to their support for a union.

Unregistered associations, community-based organizations, and religious groups often represent the interests of migrant workers. In workplaces where the majority of workers are migrants, migrant workers are sometimes elected to the welfare committees and employee committees. Migrant workers are allowed to make collective demands if they obtain the names and signatures of at least 15 percent of employees. NGOs reported few cases, however, where migrant workers’ collective demands were successful in effecting change, particularly along the border areas.

The law protects employees and union members from criminal or civil liability for participating in negotiations with employers, initiating a strike, organizing a rally, or explaining labor disputes to the public, except where such activities cause reputational harm. The law does not protect employees and union members from criminal charges for reputational damage, and reputational damage charges have been used to intimidate union members and employees. The law does not prohibit lawsuits intended to censor, intimidate, or silence critics through costly legal defense. The law provides some protection to defendants in frivolous libel cases from prosecution. By law a court may dismiss a defamation lawsuit if it is considered dishonest. In June the Supreme Court upheld the appeals court not-guilty verdict in the case of a British worker rights activist who had been charged in 2013 for reporting on migrant workers’ rights.

Labor law enforcement was inconsistent and in some instances ineffective in protecting workers who participated in union activities. There were reports of workers dismissed for engaging in union activities, both before and after registration. Rights advocates reported that judges and provincial-level labor inspectors often attempted to mediate cases, even when labor rights violations requiring penalties had been found. In some cases labor courts ordered workers reinstated, although the court orders were not always complied with by employers. There were reports from unions and NGOs that employers attempted to negotiate terms of reinstatement after court orders were issued, offering severance packages for voluntary resignation, denying reinstated union leaders access to work, or demoting workers to jobs with lower wages and benefits.

In some cases judges awarded compensation in place of reinstatement when employers or employees claimed they could not work together peacefully; however, authorities rarely applied penalties against employers found guilty of labor violations. Penalties include imprisonment, a fine, or both and were commensurate with those for other laws involving denials of civil rights.

Unions and NGOs reported that employers used various techniques to weaken labor-union association and collective-bargaining efforts. These included replacing striking workers with subcontractors, which the law permits as long as strikers continue to receive wages; delaying negotiations by failing to show up at Labor Relations Committee meetings or sending non-decision-makers to negotiate; threatening union leaders and striking workers; pressuring union leaders and striking workers to resign; dismissing union leaders, ostensibly for business reasons, violation of company rules, or negative attitudes toward the company; prohibiting workers from demonstrating in work zones; inciting violence, then using a court order to clamp down on protests; transferring union leaders to other branches, thus making them ineligible to participate in employee or welfare committees; transferring union leaders and striking workers to different, less desirable positions or stripping them of management authority; and supporting the registration of competing unions to circumvent established, uncooperative unions.

The unionization rate among wage and salary workers was estimated at 3.4 percent, and only 34 of 77 provinces had any labor unions.

Labor groups reported that employers exploited the COVID-19 pandemic to discriminate against union members during the year. In May, 93 of the 94 workers dismissed from Sunstar Engineering, an auto supplier, were members of the sectoral Thailand Auto Parts and Metal Workers Union. Another 800 workers from Body Fashion Factory in Nakhon Sawan Province, an undergarment and lingerie manufacturer, were dismissed without compensation after the workers gathered to demand that the company pay the previously agreed wages and bonuses.

Employers sometimes filed lawsuits against union leaders and strikers for trespass, defamation, and vandalism.

Private companies also continued to pursue civil and criminal lawsuits against NGOs and journalists as well as workers (see section 2.a., Libel/Slander Laws). Since 2016 and continuing into May, Thammakaset, a poultry farm owner in Lopburi Province, filed 13 criminal and civil cases against 14 former employees, labor rights activists, and journalists on various charges such as criminal defamation, theft of timecards, and computer crime. Authorities and courts dismissed most of these complaints and ordered Thammakaset to pay THB 1.7 million ($56,900) in compensation for back wages, overtime, and holiday pay to 14 former employees for labor-law violations. As of September some of these cases remained pending.

NGOs and labor advocates reported incidents where their staff members were followed or threatened by employers after they had been seen advocating for labor rights.

In October the Central Criminal Court for Corruption and Misconduct Cases found 13 State Railway Workers’ Union leaders guilty of “committing an official act of omission of the official duty or…to disrupt work or to cause damage by doing so together with five or more persons” and sentenced them to three years in prison. This case concerned the union’s role in organizing a strike in 2009 to protest against unsafe conditions following a train derailment that killed seven persons. The International Labor Organization (ILO) found that the union leaders’ actions were in line with international standards. In 2018 the Supreme Court ordered seven railway union leaders to pay a fine of THB 15 million ($500,000) plus accrued interest in connection with the same incident; the government then started to garnish the wages and seize the assets of union leaders. Various labor organizations and unions viewed these penalties as an effort to send a signal chilling freedoms of expression and association.

Tibet

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

Tibetans do not enjoy the rights to assemble peacefully or to associate freely.

Freedom of Peaceful Assembly

Even in areas officially designated as “autonomous,” Tibetans generally lacked the right to organize. Persons who organize public events for any purpose not endorsed by authorities face harassment, arrest, prosecution, and violence. Unauthorized assemblies were frequently broken up by force. Any assembly deemed by authorities as a challenge to the PRC or its policies, for example, to advocate for Tibetan language rights, to mark religious holidays, or to protect the area’s unique natural environment, provoked a particularly strong response both directly against the assembled persons and in authorities’ public condemnation of the assembly. Authorities acted preemptively to forestall unauthorized assemblies. In July for example, local observers noted that many monasteries and rural villages in the TAR and Tibetan areas of Sichuan, Qinghai, and Gansu provinces received official warnings not to organize gatherings to mark the Dalai Lama’s birthday.

Freedom of Association

In accordance with PRC law, only organizations approved by the CCP and essentially directed by it are legal. Policies noted above designed to bring monasteries under CCP control are one example of this policy. Persons attempting to organize any sort of independent association were subject to harassment, arrest on a wide range of charges, or violent suppression.

Section 7. Worker Rights

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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China | Hong Kong | Macau

Timor-Leste

Section 2. Respect for Civil Liberties, Including:

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.

Freedom of Peaceful Assembly

The constitution provides for “freedom to assemble peacefully and without weapons, without a need for prior authorization.” The law establishes guidelines on obtaining permits to hold demonstrations, requires police be notified five days in advance of any demonstration or strike, and establishes setback requirements at some buildings. The power to grant or deny permits is vested in the PNTL, which generally approved requests for demonstrations. During the COVID-19-related state of emergency, several requests to hold demonstrations were denied. Despite the restriction, the PNTL worked with demonstration organizers to provide them alternative means of safely speaking to their supporters and delivering their grievances to the subjects of their protest.

In September, Chief of Defense Force Lere Anan Timur announced his intention to detain Angela Freitas, leader of the new political movement National Resistance Defending Justice and the Constitution, following her and her movement’s efforts to organize a 15-day protest demanding the resignation of the president and challenging the legitimacy of the government. The group had received approval from the PNTL to hold their protest in the west end of Dili, and police officers had been assigned to provide support and security at the protest site. A small contingent of soldiers patrolled the street in front of Freitas’ house, which also served as the political movement’s headquarters, on the evening of September 1, acting on allegations of illegal weapons at the residence. No arrests were made. On September 2, Freitas criticized the general’s actions and announced the postponement of the protest.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of certain workers to form and join unions of their choosing, to strike, and to bargain collectively. The law prohibits dismissal or discrimination for union activity, and it allows for financial compensation in lieu of reinstatement. The law prohibits foreign migrant workers from participating in the leadership of trade unions but does not restrict their membership. The law does not apply to workers in family-owned agricultural or industrial businesses used primarily for subsistence. The law also does not apply to public-sector workers or domestic workers.

There are official registration procedures for trade unions and employer organizations. Workers employed by companies or institutions that provide “indispensable social needs” such as pharmacies, hospitals, or telecommunications firms are not barred from striking, but they are “obliged to ensure the provision of minimal services deemed indispensable” to satisfy public needs during a strike. The law allows the Council of Ministers to suspend a strike if it affects public order. The law prohibits employer lockouts. The trade union confederation reported three strikes during the year through October.

The State Secretariat for Vocational Training and Employment (employment secretariat) is charged with implementing the labor code and labor-dispute settlement. The government lacked sufficient resources and skilled staff to enforce the right to freedom of association adequately. According to the employment secretariat, the most common labor issues were terminations where employers did not follow the procedures outlined in local labor law. The trade union confederation registered 182 complaints of alleged violations of labor rights between January and September. Many disputes involved employees who alleged dismissal without cause.

Violations of the labor code are punishable by fines and other penalties, and they were not commensurate with those for analogous laws involving denial of civil rights.

Alleged violations included unfair dismissal. The trade union confederation noted some companies led by veterans of the country’s independence struggle did not respect labor laws, believing their status would excuse any violations.

Workers’ organizations were generally independent and operated without interference from government or employers. Unions may draft their own constitutions and rules and elect their representatives. The majority of workers were employed in the informal sector, resulting in a large nonunionized workforce. Attempts to organize workers were slow, since workers generally lacked experience negotiating contracts and engaging in collective bargaining.

Togo

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

Freedom of Peaceful Assembly

The constitution and law provide for freedom of peaceful assembly. As in 2019, the government restricted freedom of peaceful assembly.

The law regarding peaceful public demonstrations imposes restrictions on the time, place, frequency, and application process for holding public demonstrations. The law prohibits demonstrations on all major roads, in urban centers, zones of economic activity deemed key, and areas close to government institutions, military sites, and diplomatic buildings. Protests may only take place between 10 a.m. and 6 p.m., and protesters must follow a single route designated by authorities.

On February 28, the minister for territorial administration banned demonstrations called by opposition candidate Agbeyome Kodjo and former archbishop Philippe Kpodzro, claiming that the group was not a registered organization. Small demonstrations took place, nonetheless, and human rights organizations reported security force mistreatment of protesters, including caning and the use of other excessive force to disperse the demonstrations.

On August 1, the minister for territorial administration once again banned demonstrations called by former archbishop Kpodzro. Security forces reportedly dispersed protesters with force and detained eight persons for their participation in the protest. Authorities released them the same day.

Freedom of Association

The law potentially restricts freedom of political association since it grants broad powers to the government to target suspected terrorists. According to human rights organizations, the law could be misapplied to restrict lawful activity by opposition party members and their supporters.

In the pre-election period, human rights organizations received reports of political parties unable to campaign freely because of undue restrictions by local government officials or security forces. Additionally, following continuing government interference with the activities of the opposition PNP in 2019, party members reported they no longer tried to hold meetings.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for the right of workers, except security force members (including firefighters and police), to form and join unions and bargain collectively. Supporting regulations allow workers to form and join unions of their choosing. Children younger than age 18 who are authorized to work may not join unions, except with the authorization of a parent or guardian.

Workers have the right to strike, although striking health-care workers may be ordered back to work if the government determines it necessary for the security and well-being of the population. The government can legally requisition public workers in the event of a strike, and workers who refuse to participate can be subjected to up to six days of forced labor. While no legal provisions protect strikers against employer retaliation, the law requires employers to obtain an authorizing judgment from the labor inspectorate before they may fire workers on strike. If employees are fired illegally, including for union activity, they must be reinstated and compensated for lost salary. The law creating the export-processing zone (EPZ) allows EPZ workers to form two unions but exempts companies within the EPZ from providing workers with many legal protections, including protection against antiunion discrimination regarding hiring and firing.

There were six collective bargaining agreements in force in the country. By law if parties engaged in collective bargaining do not reach agreement, the government may compel them to seek arbitration.

The government generally enforced legal provisions regarding freedom of association and the right to organize for unions, particularly outside the EPZ. While the law provides that violation of the right to organize is a criminal offense, it does not specify fines or other penalties applicable to conviction.

Tonga

Section 2. Respect for Civil Liberties, Including:

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.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions, but the government has not promulgated regulations on the formation of unions, collective bargaining, or the right to strike. No law specifically prohibits antiunion discrimination or provides for reinstatement of workers fired for union activity. There was no dispute resolution mechanism in place specifically for labor disputes, although persons could take cases to court or refer cases to the Office of the Ombudsman. There were no reports of collective bargaining.

Penalties for legal violations include criminal fines, which were seldom applied. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government and employers generally respected freedom of association. Trade unions and a variety of other worker associations exist. For example, the Friendly Islands Teachers Association and the Tonga Nurses Association were legally incorporated as civil society organizations, and the Friendly Island Seafarer’s Union Incorporated was affiliated with the International Transport Workers Federation. The Public Service Association acted as a de facto union representing all government employees.

Trinidad and Tobago

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

In July police officers fired shots into the air and arrested at least 72 persons who were protesting the killing of three men in Morvant by police. Protesters blocked roads in and out of the capital city and burned tires and debris. Police Commissioner Griffith stated the protests were driven by criminal elements and not fueled by anger over police brutality.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers, including those in state-owned enterprises, to form and join independent unions, bargain collectively, and conduct legal strikes, but with some limitations. A union must have the support of an absolute majority of workers to obtain bargaining rights. Employees providing essential services do not have the right to strike; these employees negotiate with the government’s chief personnel officer to resolve labor disputes. The law stipulates that only strikes over unresolved labor disputes may take place, and that authorities may prohibit strikes at the request of one party unless the strike is called by a union representing a majority of the workers. The minister of labor may petition the court to curtail any strike he deems harmful to national interests.

The law prohibits employers from discriminating against workers due to union membership and mandates reinstatement of workers illegally dismissed for union activities.

The law’s definition of a worker excludes domestic workers (house cleaners, chauffeurs, and gardeners), but domestic workers had an established trade union that advocated for their rights.

The government effectively enforced applicable laws, and penalties were commensurate with penalties for other laws involving denials of civil rights, such as discrimination.

A union must have the support of an absolute majority of workers to obtain bargaining rights. This requirement limits the right of collective bargaining. Furthermore, collective agreement negotiations are subject to mandatory mediation and must cover a minimum of three years, making it almost impossible for such agreements to include workers who are on short-term contracts. According to the National Trade Union Center, the requirement that all negotiations go through the Public Sector Negotiation Committee, rather than through the individual government agency or government-owned industry, was a further restriction that added significant delays. Some unions claimed the government undermined the collective bargaining process by pressuring the committee to offer raises of no more than 5 percent over three years.

Tunisia

Section 2. Respect for Civil Liberties, Including:

Although government officials acknowledged a Ministry of Justice effort to review and revise the 1968 code of criminal procedures (CPP) and the 1913 penal code to comply with the 2014 constitution, activists and members of civil society expressed concern with the slow pace of reforms. Apart from a few discrete modifications to sections governing rape and pretrial detention, no changes have been made to the penal code since 2011, leading authorities to enforce provisions of the penal code that appear to contradict the rights and freedoms protected in the constitution. For the CPP, however, the government has introduced notable changes, including the introduction of alternatives to incarceration and probation (see section 1.c., Improvements), reorganization of Judicial Police and moving the Office of the Judicial Police under the authority of the Ministry of Justice, and applying a more refined definition of flagrante delicto, obvious offense. As of October 2019, the independent committee of experts in charge of amending these two criminal codes submitted revisions to the CPP to the Justice Ministry, enabling the ministry to prepare a draft law to parliament for review and adoption. By the end of January, the Ministry of Justice had nearly completed its efforts to revise the 1913 penal code to comply with the 2014 constitution and international human rights norms, according to representatives of the committee responsible for this process, but the revisions were pending parliamentary approval as of December.

Civil society activists continued to cite the lack of a constitutional court as hindering efforts to align existing legislation with the 2014 constitution and international human rights norms, particularly legislation pertaining to individual freedoms and fundamental rights (see section 3).

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year.

Freedom of Peaceful Assembly

Despite the renewal of the state of emergency law, approximately 254 protests occurred peacefully in March and April, according to Tunisian Social Observatory for Economic and Social Rights. Nearly all of these were without incident and permitted by authorities. The protests appeared to influence the Ministry of Interior’s April removal of deputy governors in Monastir, Sousse, El Kef, and Ariana and the mayors of regions in El Kef, Manouba, and Siliana for allegations of corruption.

According to a December 9 report released by the Tunisian Social Observatory under the Tunisian Forum for Social and Economic Rights), 1,025 protests were registered in November, compared with 871 in October, an increase of 18 percent. Nearly 49 percent of the overall protests recorded in November (504) were staged in southern Tunisia (East and West).

In June protesters began a sit-in at the site of the El Kamour pumping station in the southern governorate of Tataouine, demanding job creation, regional development, and implementation of the 2017 El Kamour Agreement, which ended a previous strike (see section 7.a.). Police intervened on June 21 to remove the El Kamour protesters’ tents and arrested several demonstrators, including Tarek Haddad, the spokesman for the protest’s overseeing body, the El Kamour Coordination Committee (EKCC). Haddad had been on a hunger strike since June 18. The EKCC alleged security forces used excessive force to disperse the demonstration and end the sit-in, claiming several protesters were injured. Protesters then staged a June 23 march and sit-in outside the seat of the Court of First Instance to demand Haddad’s release, referencing a provision of the 2017 agreement which provided that demonstrators should not be prosecuted. Haddad and other protesters were released June 24. After a number of protesters corroborated the allegations of abuse, Amnesty International on July 27 called for an independent investigation into the actions of the security forces, but as of December, no charges have been filed against security officials. The government signed an agreement with protesters at El Kamour on November 7, ending the sit-in there.

Freedom of Association

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, reducing opportunities for government entities to hinder or delay registration. According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. Several independent monitoring organizations asserted, however, that the government delayed registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers with the right to organize, form, and join unions, and to bargain collectively. The law allows workers to protest, provided they give 10 days’ advance notice to their federations and receive Ministry of Interior approval. Workers may strike after giving 10 days’ advance notice. The right to strike extends to civil servants, with the exception of workers in essential services “whose interruption would endanger the lives, safety, or health of all or a section of the population.” The government did not explicitly define which services were essential. Authorities largely respected the right to strike in public enterprises and services. The law prohibits antiunion discrimination by employers and retribution against strikers. The government generally enforced applicable laws. Penalties were commensurate with those for other laws involving denials of civil rights.

Conciliation panels with equal labor and management representation settled many labor disputes. Otherwise, representatives from the Ministry of Social Affairs, the Tunisian General Labor Union (UGTT), and the Tunisian Union for Industry, Commerce, and Handicrafts (UTICA) formed tripartite regional commissions to arbitrate disputes. Observers generally saw the tripartite commissions as effective.

By law unions must advertise a strike 10 days in advance to be considered a legal action. The decision to hold a strike is internally approved by the union leadership; however, wildcat strikes (those not authorized by union leadership) have increasingly occurred throughout the year. According to the report of the Tunisian Forum for Economic and Social Rights, 798 collective protests, mainly seeking jobs and regional development, were recorded in July alone. Sector-based unions carried out some strikes and sit-ins, such as those in education, security services, health services, and extractive industries. Even if they were not authorized, the Ministry of Interior tolerated most strikes.

An April agreement between the UGTT, UTICA), and the government averted approximately 1.5 million pandemic-related private-sector layoffs, including agricultural and maritime fishing, construction, metal, garment and shoe manufacturing, transportation, and hotels. Under the agreement the government would pay 190 dinars ($70) per worker, and employers would be responsible for paying the remaining salaries, in an effort to ensure that workers remain employed through the crisis caused by COVID-19.

In May workers organized a strike against Gartex Garment Factory for its failure to apply labor laws and regulations on a wide range of health and safety issues, and for violating collective agreements. Tensions had been high between the union and employer since Gartex dismissed the IndustriAll affiliate’s general secretary and assistant general secretary in 2018. In February, Gartex also dismissed additional union leaders, advisory committee members, and 56 workers. In a letter to Gartex, IndustriAll urged management to respect workers’ fundamental labor rights and to reinstate the union leaders and members immediately.

In June the UGTT raised concerns about an uptick in worker rights violations at garment factories since the government allowed them to reopen that month. The UGTT called on employers and the government to reduce short-term contracts and increase formal employment; enact protective measures so workers do not bear the brunt of corporate brands’ rush for products at the lowest cost; urgently address gender-based violence and harassment to ensure decent working conditions, increase safety and health inspections and monitoring; and create space for workers to form and join unions.

In response to the prime minister’s June statements suggesting the possible reduction of salaries of civil servants, public officials, and pensioners due to COVID-19 related crises, the UGTT denounced the government for passing its financial imbalances to workers and stressed the need to respect its commitments and implement agreements reached, including the payment of third tranche wage increases for civil servants and revision of the guaranteed minimum wage. The UGTT further called on the government to respect workers’ contractually guaranteed actions such as promotions and bonuses, the need for serious negotiations to resolve outstanding issues, and for finding solutions to precarious employment.

On June 21, protesters in the southern governorate of Tataouine clashed with security forces near a pumping station and demanded that authorities honor its 2017 pledge to provide thousands of jobs in the gas and oil sectors (see section 2.b., Freedom of Assembly). After extensive negotiations, the government agreed to hire 1,000 employees in the state-owned Environment, Planting and Gardening Company in Tataouine, to create an 80-million dinar ($29 million) development fund for projects in the region, grant loans to 1,000 beneficiaries under the Corporate Social Responsibility Fund, ensure the hiring of 285 workers by private oil and gas companies operating in Tataouine, and create state-owned holding companies in various sectors in the region with priority access to oil and gas companies’ tenders.

The UGTT alleged antiunion practices among private-sector employers, including firing of union activists and using temporary workers to deter unionization. In certain industries, such as textiles, hotels, and construction, temporary workers continued to account for a significant majority of the workforce. UTICA, along with the government, maintained an exclusive relationship with the UGTT in reaching collective bargaining agreements. The government held organized collective social negotiations only with the UGTT and UTICA. Representatives from the General Confederation of Tunisian Labor and the Union of Tunisian Workers complained their labor organizations were ignored and excluded from tripartite negotiations.

Turkey

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face while protesting. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The antiterror law gives governorates enhanced authority to ban protests and public gatherings, a ban some governorates enacted broadly during the year.

The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, frequently using excessive force and resulting in injuries, detentions, and arrests. At times the government used its authority to detain persons before protests were held on the premise they might cause civil disruption. The government generally supported security forces’ actions. The HRFT reported that in the first eight months of the year, police intervened in at least 637 demonstrations. As many as 1,364 persons claimed they were beaten and received other inhuman treatment during these police interventions. Neither the government nor human rights groups released statistics regarding the number of demonstrations that proceeded without government intervention. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests.

In July dozens of leaders and members of 29 bar associations participated in a march to Ankara to protest anticipated legal changes to regulations governing bar associations. Police forcibly disrupted the march as they entered the city of Ankara and prevented bar association chairs from participating in a sit-in in front of the parliament. Video footage showed police pushing and jostling the bar association heads.

On March 8, police clashed with demonstrators intending to mark International Women’s Day by marching through Istanbul’s Taksim Square and Istiklal Avenue. Prior to the scheduled march, the governor of Istanbul announced the areas would be closed for demonstrations and assembly and deployed an extensive police presence to prevent access to the main thoroughfares. Despite the announcement, groups proceeded with the planned march and attempted to enter the area. Police blocked the entrances and dispersed the group using tear gas and riot shields. According to media reports, police detained 32 women during the confrontations. Police did not disperse commemorations and marches hosted by women’s groups in the city’s Kadikoy neighborhood on the Asian side of Istanbul.

Throughout the year during court hearings of jailed former HDP cochair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Authorities generally prohibited domestic and international observers from observing the hearings.

The government continued selectively to ban demonstrations outright if they were critical of the government and selectively applied COVID-19 restrictive measures to demonstrations. For instance, the Tekirdag Governor’s Office closed entrance to the province citing COVID-19 precautions ahead of the HDP March for Democracy from Edirne to Ankara, scheduled in June to take place during three days. Sit-ins outside HDP buildings in Diyarbakir to demand the return of children allegedly forcibly recruited by the PKK continued for the second year. Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year.

Istanbul police continued to prevent the vigil of the Saturday Mothers from taking place on Istiklal Street, in July detaining three group members during the commemoration of the vigil’s 800th week. Since the 1990s, the Saturday Mothers gathered to commemorate the disappearances of relatives following their detention by security forces in the 1980s and 1990s and to call for accountability.

In January police prevented Melek Cetinkaya, the mother of one of 259 military cadets jailed and sentenced to aggravated life in prison in the aftermath of the July 2016 failed coup, from launching a march for justice from Ankara to Istanbul. Police detained Cetinkaya and 66 family members of other imprisoned cadets who were to join the march. The group planned to walk from Ankara to Silivri Prison in Istanbul, where the cadets are jailed. Police teams took heightened security measures in the city center of Ankara before the group gathered and began detaining marchers as they entered the area. Authorities later released all of the detained protesters. Cetinkaya accused police of excessive force.

Throughout the year the governors of Van, Tunceli, Mus, Hakkari, and several other provinces banned public protests, demonstrations, gatherings of any kind, and the distribution of brochures. The longstanding bans in the southeast of the country have remained in place during the year.

In contrast with previous years, labor unions, labor organizations, and opposition political parties called on citizens to honor Labor Day on May 1 while respecting social distance measures. In particular these groups encouraged supporters to sing songs from balconies, share messages via social media, and explore other activities that respect social distancing requirements during the COVID-19 crisis. Social media showed that many celebrations occurred in isolation across the country. In Istanbul and Ankara, police detained and later released at least 45 persons for attempting to march despite a mandatory three-day COVID-related lockdown. Among others, police detained the chair of the Confederation of Progressive Trade Unions (DISK), Arzu Cerkezoglu, as well as 25 other DISK members as they attempted to march to Taksim Square in Istanbul. Prior to the event, DISK claimed to have contacted and informed the Istanbul Governor’s Office regarding its plans to organize a march. The office stated that DISK received Istanbul approval to travel by vehicles, not by foot, and blamed DISK for violating social distancing measures and initiating brawls with law enforcement officials.

Freedom of Association

While the law provides for freedom of association, the government continued to restrict this right. The government used provisions of the antiterror law to prevent associations and foundations it had previously closed due to alleged threats to national security from reopening. In its 2019 end-of-year report, the Inquiry Commission on the State of Emergency Measures reported that 208 of the 1,727 associations and foundations closed following the 2016 coup attempt have been allowed to reopen. Observers widely reported the appeals process for institutions seeking redress through the Inquiry Commission on the State of Emergency Measures remained opaque and ineffective (see section 1.e.).

By law persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad and must provide detailed documents on such activities. Representatives of associations stated this requirement placed an undue burden on their operations. Human rights and civil society organizations, groups promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights, and women’s groups in particular stated the government used regular and detailed audits to create administrative burdens and to intimidate them through the threat of large fines. For instance, the HRA reported that continued investigations and audits during the last four years have created immense pressure on the organization. In February the government launched a three-week audit of the HRA.

The case against former Amnesty International honorary chair Taner Kilic and 10 other human rights defenders continued in appeals court. Authorities charged the defendants with “membership in a terrorist organization” or “aiding a terrorist organization without being a member,” largely stemming from attendance at a 2017 workshop, “Protecting Human Rights Advocates–Digital Security,” held on Istanbul’s Buyukada Island. On July 3, an Istanbul court convicted four of the human rights activists on terrorism-related charges. Nearly three years after his arrest, Kilic received a prison sentence of six years and three months for membership in a terrorist organization. The court sentenced former Amnesty International Turkey director Idil Eser, and fellow human rights defenders Gunal Kursun and Ozlem Dalkiran to two years and one month for assisting a terrorist organization. The court acquitted seven other human rights activists including German citizen Peter Steudtner and Swedish citizen Ali Gharavi. The four convicted human rights activists remained free pending appeal; the ban on Kilic’s foreign travel, imposed in 2018, remained in place.

On December 27, the parliament adopted new counterterrorist financing legislation entitled “Preventing Financing of Proliferation of Weapons of Mass Destruction” granting the Ministry of Interior powers to audit, suspend staff and governing board members, and temporarily shut down operations of NGOs. The legislation prompted strong concern among civil society groups. Nearly 700 civil society organizations signed a petition opposing the new law, noting it would expand Ministry of Interior “political tutelage,” severely restrict fundraising, and allow for rapid closure of civil society groups without judicial review.

On July 11, parliament approved a law changing the regulations governing bar associations. The law allows lawyers in provinces with more than 5,000 bar association members to establish new associations after collecting a minimum of 2,000 member signatures. Whereas previous regulations only permitted one bar association per province, the new regulations allow for multiple bar associations in large provinces, paving the way for provincial associations to splinter into many groups, which could dilute the voices of existing organizations. The law also changed delegate representation within the Union of Turkish Bar Associations (UTBA), a governing body of bar associations, reducing the influence of large bar associations from major metropolitan areas. All 80 Turkish bar associations, as well as human rights groups, publicly criticized the law, predicting it would undermine judicial independence, divide bar associations along political lines, and diminish the voices of bar associations critical of the government’s actions. To date, bar associations in major metropolitan areas have wielded significant political power and influence, particularly in matters of human rights and rule of law. In September a group of Istanbul Bar Association lawyers gathered enough signatures to establish a new association in the city and filed a registration petition with UTBA.

On October 2, the Ministry of Interior issued a circular postponing bar association elections scheduled by law from October to December. The circular cited anti-COVID-19 precautions banning all in-person events held by professional organizations and NGOs. Major bar associations protested the move, alleging the postponement decision was political since a later election timeline would allow newly established bar associations to participate. On October 5, a total of 76 of 80 bar associations issued a statement alleging that the circular violates Turkish law and filed civil suits. Courts dismissed Ankara, Istanbul, and Izmir associations’ suits. In December the minister of interior postponed the elections further to March 2021.

Bar association and other civil society organization representatives reported that police sometimes attended organizational meetings and recorded them, which the representatives interpreted as a means of intimidation.

In March the country enacted amendments to the Law on Associations introducing requirements that associations notify local administrative authorities of any changes in membership within 30 days or face penalties. The Council of Europe issued a statement calling the amendments “problematic on both procedural and substantive accounts” and noted they failed to meet requirements under the ECHR.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes, but it places significant restrictions on these rights. The law prohibits antiunion discrimination and discourages employers for terminating workers involved in union activities. In particular the law requires employers to either reinstate a worker fired for participating in union activity or pay a fine equal to one year of the affected worker’s salary. Some public-sector employees, such as senior officials, magistrates, members of the armed forces, and police, may not form or join unions.

The law provides some workers the right to strike. In particular public-sector workers who are responsible for safeguarding life and property as well as workers in the essential areas (coal mining and petroleum industries, hospitals and funeral industries, urban transportation, energy and sanitation services, national defense, banking, and education) do not have the right to strike. Instead, while the law allows some essential workers to bargain collectively, the law requires the workers to resolve disputes through binding arbitration rather than strikes.

A 2014 the Constitutional Court ruling that bankers and municipal transport workers have the right to strike remains in force. The law further allows the government to deny the right to strike in any situation that represents a threat to public health or national security. On October 9, the government issued an executive order prohibiting workers at the multinational glass manufacturer Sisecam in Mersin from striking, noting the strike would disrupt general public health and security.

The government also maintains a number of restrictions on the right of association and collective bargaining. The law requires labor unions to notify government officials prior to meetings or rallies, which must occur in officially designated areas, and allows government representatives to attend their conventions and record the proceedings.

The law requires a minimum of seven workers to establish a union without prior approval. To become a bargaining agent, a union must represent 40 percent of the worksite employees and 1 percent of all workers in that particular industry. The law prohibits union leaders from becoming officers of or otherwise performing duties for political parties. The law also prohibits union leaders from working for or being involved in the operation of any profit-making enterprise. As of March, 67 percent of public-sector employees and 14 percent of private-sector employees were unionized. Nonunionized workers, such as migrants and domestic servants, are not covered by collective bargaining laws.

The government did not enforce laws related to collective bargaining and freedom of association effectively in many instances (e.g., penalties were not consistently commensurate with those provided under other laws involving denials of civil rights). Labor courts functioned effectively and relatively efficiently, although as with other courts, the appeals process could often last for years. If a court ruled that an employer had unfairly dismissed a worker and should either reinstate or compensate the individual, the employer generally paid compensation to the employee along with a fine.

The 19 unions and confederations shut down under the 2016-18 state of emergency, at times due to alleged affiliations with the Gulen movement, remained closed.

The government and employers interfered with freedom of association and the right to collective bargaining. Government restrictions and interference limited the ability of some unions to conduct public and other activities. According to the most recent information available from the government, as of May 2019, the rate of security force interference in labor union marches and demonstrations was 0.8 percent, below the 2 percent rate of intervention in 2016. Police frequently attended union meetings and conventions. In addition some unions reported that local authorities prohibited public activities, such as marches and press conferences.

Employers used threats, violence, and layoffs in unionized workplaces. Unions stated that antiunion discrimination occurred regularly across sectors. Service-sector union organizers reported that private-sector employers sometimes ignored the law and dismissed workers to discourage union activity. Many employers hired workers on revolving contracts of less than a year’s duration, making them ineligible for equal benefits or bargaining rights.

The government instituted a ban on lay-offs during the COVID-19 crisis that in some cases resulted in the employees being compelled to take leave without pay or earn less than minimum wage. Some companies instituted COVID-19 precautions, including prohibiting workers from leaving and returning to a worksite for extended periods of time. In April workers at a Cengiz Holding construction site of a railway in Diyarbakir staged a protest after reportedly being prohibited from leaving the worksite for more than 15 days and compelled to work 14-hour days during the outbreak.

Turkmenistan

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution and law provide for freedom of peaceful assembly, but the government restricted this right. During the year authorities neither granted the required permits for public meetings and demonstrations nor allowed unregistered organizations to hold demonstrations. Unregistered religious groups were not allowed to meet, according to the country’s religion law. Groups that defied the law and attempted to meet in private homes faced intimidation and scrutiny from security forces.

Freedom of Association

Although the constitution and law provide for freedom of association, the government restricted this right. The law requires all NGOs to register with the Ministry of Justice and all foreign assistance to be coordinated through the Ministry of Foreign Affairs. Unregistered NGO activity is punishable by a fine, short-term detention, and confiscation of property. The law requires all religious groups to register with the Ministry of Justice and sets out a schedule of fines for religious activity conducted by unregistered groups.

The government reported that, as of August 23, 2019, 122 NGOs were registered in the country, including four international NGOs. Of the registered NGOs, international organizations recognized only a few as independent. NGOs reported the government presented a number of administrative obstacles to NGOs that attempted to register. Authorities rejected some applications repeatedly on technical grounds. Some organizations awaiting registration found alternate ways to carry out activities, such as registering as businesses or subsidiaries of other registered groups, but others temporarily suspended or limited their activities. Although the law states there is a process for registering foreign assistance, NGOs had difficulty registering bilateral foreign assistance under the 2013 decree requiring such registration.

Observers noted a number of barriers to the formation and functioning of civil society. These included regulations that permit the Ministry of Justice to send representatives to association events and meetings and requirements that associations notify the government about their planned activities.

New amendments to the law on public associations were adopted on August 22. According to the new amendments, an international public association may be created if there are at least 50 founders, whereas previously the law stated the “international and national public association can be created if there are at least 50 and 400 members, respectively.” To create a national public association, it must have at least 50 founders, and the territorial and local public associations must have at least five founders. In addition a new requirement for state registration is “a statement signed by the members of the governing body of this public association indicating their last names, names, patronymics, date of birth, and place of residence.”

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions and to bargain collectively with their employers. The law prohibits workers from striking. The law does not prohibit antiunion discrimination against union members and organizers. There are no mechanisms for resolving complaints of discrimination, nor does the law provide for reinstatement of workers fired for antiunion activity.

The government did not respect freedom of association or collective bargaining and did not effectively enforce the law. Penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination, because no penalties exist to deter violations. All trade and professional unions were government controlled, and none had an independent voice in its activities. The government did not permit private citizens to form independent unions. There were no labor NGOs in the country.

Each government agency has a trade union that can receive complaints related to labor issues, as can the country’s human rights ombudsperson, but reporting was deterred by the required inclusion of names, addresses, and signatures in complaints.

Authorities retaliated violently to labor organizers. Gaspar Matalaev, a labor and human rights activist, was imprisoned for three years for reporting on the systematic use of forced and child labor in the cotton harvest in 2016. The prominent NGO Cotton Campaign reported that he was tortured while in prison for his reporting. In September 2019 Matalaev was released from prison, having served a three-year sentence in full.

Tuvalu

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

Although the law provides for the freedoms of peaceful assembly and association, the government allows island chiefs to place restrictions on the freedom of peaceful assembly.

Freedom of Peaceful Assembly

The law provides for freedom of peaceful assembly; however, the government allows island chiefs to place restrictions on assembly for public worship.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law does not permit public-sector employees such as civil servants, teachers, and nurses to form and join unions. They may join professional associations that have the right to bargain collectively but not the right to strike. No law prohibits antiunion discrimination or requires reinstatement of workers fired for union activity.

In general the government effectively enforced these laws. Employers who violate laws on freedom of association and the right to collective bargaining are liable to a fine, a penalty that was commensurate with those for other laws. The law also provides for voluntary conciliation, arbitration, and settlement procedures in cases of labor disputes. In general these procedures were not subject to lengthy delays or appeals.

Although there are provisions for collective bargaining and the right to strike, the few private-sector employers set their own wage scales. Both the private and public sectors generally used nonconfrontational deliberations to resolve labor disputes. There was only one registered trade union, the Tuvalu Overseas Seamen’s Union. There were no reports of antiunion discrimination.

Uganda

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association. Government failure to investigate or prosecute attacks on human rights defenders and peaceful protesters led to de facto restrictions on freedom of assembly and association.

Freedom of Peaceful Assembly

While the constitution provides for freedom of assembly, the government did not respect this right. The government used the Public Order Management Act (POMA) to limit the right to assemble and to disrupt opposition and civil society-led public meetings and rallies until March 26 when the Constitutional Court nullified sections of the law, which had granted the UPF vague powers to block gatherings. The law had placed a significant bureaucratic burden on those wishing to organize or host gatherings and afforded the UPF wide discretion to prevent an event. While the law only required individuals to “notify” police of their intention to hold a public meeting, it also gave police the power to block meetings they deemed “unsuitable.” Typically, the UPF simply failed to respond to “notifications” from opposition groups, thereby creating a legal justification for disrupting almost any gathering.

On numerous occasions between January and March, the UPF blocked presidential hopeful Kyagulanyi from holding consultative meetings with his supporters in preparation for his presidential bid. On January 6, the UPF fired tear gas and bullets to disperse one of Kyagulanyi’s consultative meetings, arguing that Kyagulanyi had not fulfilled POMA requirements, which call for holding the event in an enclosed space, providing ambulances for emergency evacuation, providing firefighting trucks, and providing toilets. After the POMA nullification, the UPF used COVID-19 restrictions to block and disperse political opposition gatherings and rallies. On March 18, the president banned political and cultural gatherings as part of the measures to prevent the spread of COVID-19. On March 24, the government published the Public Health (Control of COVID-19) Rules that made it an offense to “hold public meetings, including political rallies, conferences, and cultural related meetings,” punishable by two months’ imprisonment. Opposition politicians, however, reported the UPF blocked opposition politicians from holding meetings but allowed ruling party politicians to hold rallies and processions. On July 10 and July 16, the UPF arrested FDC MP Ibrahim Ssemujju Nganda, accusing him of violating COVID-19 restrictions when he organized a meeting of party members. The UPF fired teargas and bullets to disperse the meetings. The UPF released Ssemujju Nganda without charge. In contrast, ruling party politicians such as State Minister for Investment Evelyn Anite, Minister for Justice and Constitutional Affairs Ephraim Kamuntu, and Minister for Health Jane Ruth Aceng held large campaign rallies and processions without interruption from security forces. On August 29, however, the UPF arrested ruling party MP Sam Bitangaro for holding a rally in violation of COVID-19 rules. He was released that day without formal charges.

Freedom of Association

While the constitution and law provide for freedom of association, the government did not respect this right. The government restricted the operations of local NGOs, especially those that work on civil and political rights (see section 5). Government regulations require NGOs to disclose sources of funding and personal information about their employees and impose onerous registration and reporting requirements. They enable the NGO Bureau and its local level structures to deny registration to any organization focused on topics deemed “undesirable” or “prejudicial” to the “dignity of the people of Uganda.” The regulations also provide the NGO Bureau broad powers to inspect NGO offices and records and to suspend their activities without due process. The NGO Bureau imposed registration, permit renewal, and administrative fees that local NGOs declared were exorbitant. On December 2, local media reported that the Financial Intelligence Authority had directed commercial banks to freeze the bank accounts of four human rights civil society organizations over suspicions that they were supporting political opposition. The organizations’ bank accounts remained frozen at year’s end. Authorities harassed and blocked activities run by organizations that advocated for the human rights of LGBTI persons (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

The government also restricted the operations of opposition political parties (see section 3).

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for workers, except members of the armed forces, to form and join independent unions, bargain collectively, and conduct legal strikes. The Ministry of Gender, Labor, and Social Development (Ministry of Labor) must register unions before they may engage in collective bargaining.

The law allows unions to conduct activities without interference, prohibits antiunion discrimination by employers, and provides for reinstatement of workers dismissed for union activity. The law also empowers the minister of labor and labor officers to refer disputes to the Industrial Court if initial mediation and arbitration attempts fail. The law, however, gives government labor officers power to declare industrial actions illegal if a given officer has taken steps to resolve the labor dispute in question through conciliation.

The government did not effectively enforce the law. Civil society organizations stated the Ministry of Labor did not allocate sufficient funds to hire, train, and equip labor inspectors to enforce labor laws effectively. Employers who violated a worker’s right to form and join a trade union or bargain collectively faced penalties that were not commensurate with similar violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Wage arrears were common in both the public and private sectors.

The government generally did not protect the constitutionally guaranteed rights to freedom of association and collective bargaining. Antiunion discrimination occurred, and labor activists accused several private companies of deterring employees from joining unions. The National Organization of Trade Unions reported an increase in antiunion activities during the lockdown period.

The NGO Platform for Labour Action (PLA) reported an increase in employers laying off workers during the COVID-19 lockdown period. Between March and June, they were handling 50 cases of low-wage workers who were not paid wages when they were dismissed.

Ukraine

Section 2. Respect for Civil Liberties, Including:

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.

Freedom of Peaceful Assembly

The constitution provides for the freedom of peaceful assembly, but police sometimes restricted, or failed to protect freedom of assembly. No laws, however, regulate the process of organizing and conducting events to provide for the right, and authorities have wide discretion under a Soviet-era directive to grant or refuse permission for assemblies on grounds of protecting public order and safety. Organizers are required to inform authorities in advance of demonstrations.

There were reports of police restricting and failing to protect freedom of assembly. For example, in July police officers in Lviv restricted activists’ ability to assemble peacefully near the Taras Shevchenko monument in the city’s center by dispersing the group and writing up a police report for “petty hooliganism.” The activists held a performance in which one member wore a Zelenskyy mask and handed out one million hryvnia notes to all who passed by, while others smashed a printer that was printing the fake money.

Human rights defenders noted that police at times arbitrarily enforced COVID-19 quarantine restrictions, including through selective dispersal of civic assemblies. For example, on June 25, organizers of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community support month in Kyiv scheduled two events at the same location. Organizers informed police about both events in advance to abide by legal processes and COVID-related restrictions. The events were reportedly both approved in advance, and police allowed the first event–a panel discussion–to proceed as planned but dispersed participants of the second event and wrote a misdemeanor report against the venue’s owner, citing alleged quarantine restrictions. The owner reported that in addition to the events being previously approved, authorities also previously checked the venue to ensure it met quarantine requirements and had not reported any concerns.

Events organized by women’s rights activists or the LGBTI community were regularly disrupted by members of violent radical groups. Police at times did not adequately protect participants from attack before or after the events, nor did they provide sufficient security for smaller demonstrations or events, especially those organized by persons belonging to minority groups or opposition political movements. For example, two men who participated in the March 8 Women’s Rights March in Kyiv were beaten and sprayed with tear gas in an underground tunnel after the event. Police detained four suspects, including Vita Zaverukha and three other activists from the violent radical group Unknown Patriot. As of July 6, only one indictment against one suspect for “hooliganism” had been sent to court.

On August 30, members of the radical group Tradition and Order attacked participants of the Odesa pride rally. Tradition and Order members punched, kicked, and threw projectiles at both participants and police. Two officers were injured. International monitors noted that poor communication between event organizers and police contributed to police failure to provide adequate protection. Police arrested 16 persons involved in the attack and investigated the incident. Similarly, on September 20, representatives of violent radical groups gathered in the downtown area of Zaporizhzhya for a counterprotest in response to the March of Equality (pride march). During the event, police detained an armed man after he aimed a gun at the pride march participants. No shots were fired, and the perpetrator was taken to the Dnipro police department.

On December 14, a group of young men attacked two teenage boys in Kyiv’s Kontrakova Square, shouting homophobic slurs, beating, and kicking them in what appears to have been an unprovoked attack. A witness who posted a video of the attack claimed that while police arrested one of the victims for arguing with them, the attackers remained in the square even after police left, shouting racist slogans.

In Russia-controlled territory, the HRMMU observed the absence of free and peaceful assembly and noted, “Such a restrictive environment, where dissenting opinions may trigger retaliation, has a long-lasting chilling effect on the population.” The HRMMU also noted the only demonstrations permitted in these areas were ones in support of local “authorities,” often apparently organized by Russia-led forces with forced public participation.

Russia-led forces in the “DPR” and “LPR” continued to implement “laws” requiring all religious organizations except the Ukrainian Orthodox Church-Moscow Patriarchate to undergo “state religious expert evaluations” and reregister with them. According to the HRMMU, a majority of religious groups recognized under Ukrainian law continued to be unable to reregister because of stringent legal requirements under “laws” in the “DPR” and “LPR” that mirrored Russian legislation preventing or discouraging reregistration of many religious communities (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Freedom of Association

The constitution and law provide for freedom of association, and the government generally respected this right.

Human rights organizations reported an increase in attacks on activists following a decrease in attacks in 2019 (48 attacks in the first six months of the year, up from 39 in the same period of 2019). International and domestic human rights NGOs remained concerned about the lack of accountability for attacks on members of civil society organizations, which they believed had created a climate of impunity.

For example, on July 23, the head of the NGO Anticorruption Center, Vitalii Shabunin, reported suspected arson after his home was set on fire. Shabunin’s parents and children were in the house at the time but managed to escape unharmed. After an investigation, police concluded the fire resulted from an arson attack that started on the activist’s porch with the assistance of a flammable liquid to ignite a stable flame. As of September the perpetrators had not been identified. Shabunin believed the arson was an assassination attempt carried out at the request of politically influential oligarchs to prevent his organization’s investigative reporting on corruption. On December 30, police removed suspicious items resembling bombs from the doorsteps of apartments belonging to Shabunin’s relatives. In recent years several major human rights groups have expressed concern about the government’s singling out of Shabunin for unfair treatment.

There were reports the government targeted activists for raids, arrests, or prosecution in retaliation for their professional activity. For example, on September 30, Shabunin was fined 850 hryvnias ($30) for the late submission of an asset declaration by half a day. The Anticorruption Center believed the fine was issued to include Shabunin on a register of corrupt individuals and used against the organization in a smear campaign.

On March 30, police arrested Yuriy Fedorenko, the head of the Tverdynia NGO that works to expose illegal construction projects, as he was attempting to film construction in Kyiv he believed to be illegal. Fedorenko himself called police to report the construction violation, but they instead arrested and searched him and transported him to a nearby police station where he was charged with a violation of quarantine, despite his wearing a mask while in public. Police, citing privacy concerns, did not provide a reason for the arrest, and Fedorenko was later completely acquitted in court.

There were reports that unknown actors initiated violent attacks against activists because of their involvement in civil society organizations. For example, on June 20, Valentyna Buchok was wounded when a grenade exploded near a gate outside her home in Ivanopillya in the government-controlled part of Donetsk Oblast. Buchok, who was reportedly tortured while imprisoned by Russia-led forces in the Izolatsiya detention facility on falsified charges from 2016-17, was a member of SEMA Ukraine, a group that advocated for survivors of conflict-related sexual violence. Human rights groups claimed the explosion marked the third attempt on her life since her release in a prisoner exchange in 2017.

According to the HRMMU, in the territories controlled by Russia-led forces, domestic and international civil society organizations, including human rights defenders, could not operate freely. Residents informed the HRMMU they were being prosecuted (or feared being prosecuted) by the “ministry of state security” for their pro-Ukrainian views or previous affiliation with Ukrainian NGOs. If human rights groups attempted to work in those areas, they faced significant harassment and intimidation. The HRMMU also noted some civil society organizations run by Russia-led forces appeared to require certain persons, such as public-sector employees, to join.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association as a fundamental right and establishes the right to participate in independent trade unions. The law provides the right for most workers to form and join independent unions, to bargain collectively, and to conduct legal strikes. The law, however, establishes low penalties for noncompliance with collective bargaining agreements by employers. The low penalties are insufficient to ensure employers comply with collective bargaining agreements, making it easier to pay a penalty than to launch negotiations.

There are no laws or legal mechanisms to prevent antiunion discrimination, although the labor code requires employers to provide justification for layoffs and firings, and union activity is not an acceptable justification. Legal recourse is available for reinstatement, back wages, and punitive damages, although observers described court enforcement as arbitrary and unpredictable, with damages too low to create incentives for compliance on the part of employers.

The law contains several limits to freedom of association and the right to collective bargaining. A number of laws that apply to worker organizations are excessively complex and contradictory. For example, two laws establish the status of trade unions as legal entities only after state registration. Under another law, a trade union is considered a legal entity upon adoption of its statute. The inherent conflict between these laws creates obstacles for workers seeking to form trade unions. Unions also reported significant bureaucratic hurdles in the registration process, including the payment of notary fees and requirements to visit as many as 10 different offices. Moreover, independent unions reported multiple incidents of harassment by local law enforcement officials while navigating the registration process, including atypical and irregular requests for documentation and membership information.

The legal procedure to initiate a strike is complex and significantly hinders strike action, artificially lowering the numbers of informal industrial actions. The legal process for industrial disputes requires initial consultation, conciliation and mediation, and labor arbitration allowing involved parties to draw out the process for months. Workers may vote to strike only after completion of this process, a decision that the courts may still block. The requirement that a large percentage of the workforce (two-thirds of general workers’ meeting delegates or 50 percent of workers in an enterprise) must vote in favor of a strike before it may be called further restricts the right to strike. The government can also deny workers the right to strike on national security grounds or to protect the health or “rights and liberties” of citizens. The law prohibits strikes by broad categories of workers, including personnel in the Office of the Prosecutor General, the judiciary, the armed forces, the security services, law enforcement agencies, the transportation sector, and the public-service sector.

Legal hurdles resulting from an obsolete labor code make it difficult for independent unions that are not affiliated with the Federation of Trade Unions of Ukraine to take part in tripartite negotiations, participate in social insurance programs, or represent labor at the national and international levels. Such hurdles hindered the ability of smaller independent unions to represent their members effectively. Authorities did not enforce labor laws effectively. Penalties for labor law violations were raised in 2019 to make them commensurate with those for other similar laws but were not consistently applied.

In September workers in the Zhovtneva Mine began an underground protest to address low wages and unsafe work conditions. The strikes spread to three other mines, encompassing 400 miners. Workers and employers initially agreed to terms; however, the employer ultimately filed a lawsuit against the protests and union officials. On October 16, after 43 days of underground striking, the workers ended the protest. Miners and mine management reportedly signed a memorandum in which the parties agreed on 10 percent increase of miners’ salaries starting on October 1, a waiver of prosecution of those miners who took part in the protests, and the payment of salaries for those days miners spent underground.

Worker rights advocates continued to express concerns about the independence of unions from government or employer control. Independent trade unions alleged that the Federation of Trade Unions enjoyed a close relationship with employers and members of some political parties. Authorities further denied unions not affiliated with the federation a share of disputed trade union assets inherited by the federation from Soviet-era unions, a dispute dating back more than two decades.

Independent union representatives continued to be subjected to violence and intimidation and reported that local law enforcement officials frequently ignored or facilitated violations of their rights. Worker advocates reported an increase in retaliation against trade union members involved in anticorruption activities at their workplaces.

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Crimea

United Arab Emirates

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

Freedom of Peaceful Assembly

The law provides limited freedom of assembly. The government imposed significant restrictions in practice.

The law requires a government-issued permit for organized public gatherings. Authorities dispersed impromptu protests such as labor strikes and at times arrested participants. While there was no uniform standard for the number of persons who could gather without a permit, some residents reported authorities could ask groups of four or more to disperse if they did not have a permit. The government did not interfere routinely with informal, nonpolitical gatherings held without a government permit in public places unless there were complaints. The government generally permitted political gatherings that supported its policies. Hotels, citing government regulations, sometimes denied permission for groups such as unregistered religious organizations to rent space for meetings or religious services.

Freedom of Association

The law provides limited freedom of association. The government imposed significant restrictions on freedom of association in practice.

Political organizations, political parties, and trade unions are illegal. All associations and NGOs are required to register with the Ministry of Community Development (formerly Social Affairs), and many that did so receive government subsidies. Domestic NGOs registered with the ministry were mostly citizens’ associations for economic, religious, social, cultural, athletic, and other purposes. In August the Ministry of Community Development announced it had registered 249 nonprofit associations. Of the total, 204 were nonbenefit public associations, 18 were solidarity funds, and 27 were NGOs. The nonbenefit public associations were categorized as: 75 public and cultural service associations; 35 professional associations; 30 popular arts associations; 28 humanitarian associations; 15 community associations; 13 theater associations; and eight women’s associations.

Registration rules require that all voting organizational members, as well as boards of directors, must be local citizens. This requirement excluded almost 90 percent of the population from fully participating in such organizations. In Dubai volunteer organizations were required to register with the Community Development Authority (CDA) and obtain approval from the CDA before conducting fundraising activities.

Associations must follow the government’s censorship guidelines and receive prior government approval before publishing any material. In Abu Dhabi all exhibitions, conferences, and meetings require a permit from the Tourism and Culture Authority. To obtain a permit, the event organizer must submit identification documents for speakers along with speaker topics. The government denied permits if it did not approve of the topic or speaker. If the event or speaker continued without an approved permit, the government imposed fines.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law neither provides for the right to organize, strike, or bargain collectively nor permits workers to form or join unions. The labor law forbids strikes by public-sector employees, security guards, and migrant workers. The law does not entirely prohibit strikes in the private sector but allows an employer to suspend an employee for striking. In the private sector, the Ministry of Human Resources and Emiratization, formerly the Labor Ministry, must approve and register individual employment contracts. The labor law does not apply to public-sector employees, agricultural workers, or most workers in export processing zones. Domestic workers fall under a separate labor law but are regulated by the Ministry of Human Resources and Emiratization. Persons with a claim to refugee status but who lacked legal residency status, including those with either short-term visitor visas or expired visas, were generally not eligible for employment.

Private-sector employees may file collective employment dispute complaints with the Ministry of Human Resources and Emiratization, which by law acts as mediator between the parties. Employees may then file unresolved disputes within the labor court system, which forwards disputes to a conciliation council. Public-sector employees may file an administrative grievance or a case in a civil court to address a labor-related dispute or complaint. Administrative remedies are available for labor complaints, and authorities commonly applied them to resolve issues such as delayed wage payments, unpaid overtime, or substandard housing.

All foreign workers have the right to file labor-related grievances with the Ministry of Human Resources and Emiratization. Reports on the length of administrative procedures varied, with some workers citing both speedy and delayed processes. The ministry sometimes intervened in foreign workers’ disputes with employers and helped negotiate private settlements. The law allows employers to request the government to cancel the work permit of, and deport for up to one year, any foreign worker on a work-sponsored residency visa for unexcused absences of more than seven consecutive days or for participating in a strike. While the law does not explicitly delineate labor strikes as grounds for deportation, the law prohibits unauthorized demonstrations or the expression of opinions deemed false, incitant, or hurtful to the country’s public image.

Abu Dhabi police directed private security personnel at several camps for laborers to surveil gatherings of laborers and report if they discussed security, social, and religious-related issues.

The government generally enforced labor laws. Professional associations were not independent, and authorities had broad powers to interfere in their activities. For example, the Ministry of Human Resources and Emiratization had to license and approve professional associations, which were required to receive government approval for international affiliations and travel by members. The government granted some professional associations with majority citizen membership a limited ability to raise work-related issues, petition the government for redress, and file grievances with the government.

In Dubai the CDA regulates and provides licensing services to nonprofit civil society organizations and associations that organize ongoing social, cultural, artistic, or entertainment activities. In Dubai all voluntary organizations and individual volunteers are required to register with the CDA within six months. In addition, all voluntary activities require a CDA permit, but there are no prescribed penalties for noncompliance.

Foreign workers may belong to local professional associations; however, they do not have voting rights and may not serve on association boards. Apart from these professional associations, in a few instances some foreign workers came together to negotiate with their employers on issues such as housing conditions, nonpayment of wages, and working conditions.

The threat of deportation discouraged noncitizens from expressing work-related grievances. Nonetheless, occasional protests and strikes took place. The government did not always punish workers for nonviolent protests or strikes, but it dispersed such protests and sometimes deported noncitizen participants. In response to the government-mandated closing of many businesses as part of its COVID-19 pandemic response, the government changed employment contract regulations to give employers the ability to reduce wages or place workers on unpaid leave with the workers’ consent. There were instances of employers exploiting these changes illegally to reduce salaries or furlough workers without their consent.

United Kingdom

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government routinely respected these rights. Under emergency COVID-19 legislation, the government banned mass gatherings.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government routinely respected these rights. The law prohibits antiunion discrimination and protects employees from unfair dismissal while striking, provided the union has complied with the legal requirements governing such industrial action.

The law allows strikes to proceed only when at least 50 percent of workers who participate in a secret ballot support it. For “important public services,” defined as health services, education for those younger than 17, fire services, transport services, nuclear decommissioning and the management of radioactive waste and spent fuel, and border security, 40 percent of all eligible union members must vote in favor of the strike action, and ballots require at least a 50 percent turnout to be valid and for strike action to be legal.

The law does not cover workers in the armed forces, public-sector security services, police forces, and freelance or temporary work. According to the International Trade Union Confederation (ITUC), the right to strike in the UK is “limited” due to prohibitions against political and solidarity strikes, lengthy procedures for calling strikes, and the ability of employers to seek injunctions against unions before a strike has begun if the union does not observe all legal steps in organizing the strike.

The government generally enforced the law. Remedies were limited in situations where workers faced reprisal for union activity, and ITUC stated that the law does not provide “adequate means of protection against antiunion discrimination.” Penalties range from employers paying compensation to reinstatement and were commensurate with those for similar violations. Inspection was sufficient to enforce compliance. The Department for Business, Energy, and Industrial Strategy funded the Advisory, Conciliation, and Arbitration Service (ACAS), which works to help employees and employers better adhere to collective bargaining and other workplace laws and to improve workplace relationships. If ACAS is not able to settle a dispute, a claim can be brought to the Employment Tribunal.

The government and employers routinely respected freedom of association and the right to collective bargaining. The law allows any workplace with more than 21 workers to organize into a collective bargaining unit if 50 percent of workers agree and the employer accepts the terms. Unions and management typically negotiated collective “agreements,” which were less formal and not legally enforceable. The terms of the agreement could, however, be incorporated into an individual work contract with legal standing.

The law does not allow independent trade unions to apply for de-recognition of in-house company unions or to protect individual workers seeking to do so. The effect has been that some in-house company unions operate with a membership less than the majority of workers.

Trade union membership levels rose for three consecutive years since 2016, driven by the increase in female members and public-sector workers. According to the ONS, approximately 6.44 million employees were trade union members in 2019. Membership levels were below the 1979 peak of more than 13 million.

Uruguay

Section 2. Respect for Civil Liberties, Including:

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.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution and the law, including related regulations and statutory instruments, protect the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government and employers respected freedom of association and the right to collective bargaining in practice. Civil servants, employees of state-run enterprises, private-enterprise workers, and legal foreign workers may join unions. The law prohibits antiunion discrimination and requires employers to reinstate workers fired for union activities and pay them an indemnity. Workers in the informal sector are excluded from these protections.

An omnibus reform bill passed in July introduced changes that affected the right to strike. The law establishes that strikers may not occupy places of work and prevent nonstrikers and management staff from entering the building. In addition, the law states that pickets that prevent the free circulation of persons, goods, or services in public spaces or private spaces of public use are not allowed. Unions had been vocal in their assertion that this is a limitation to the right to protest.

The government effectively enforced applicable labor laws, and penalties were commensurate with those for other laws involving denials of civil rights, such as discrimination.

Worker organizations operated free of government and political intervention. Labor union leaders were strong advocates for public policies and even foreign policy issues and remained very active in the political and economic life of the country. In June 2019 the International Labor Organization (ILO) selected the country to be analyzed by the ILO Committee on Application of Standards, due to noncompliance with Convention 98 on collective bargaining. According to the committee, tripartite bodies can negotiate only wages, while terms and conditions of work should be negotiated bilaterally between employers and workers organizations. The convention states collective bargaining should be voluntary; however, in practice it was mandatory. During the international labor conference in June 2019, the committee called on the government to review and change the country’s legislation on collective bargaining before November.

Uzbekistan

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government sometimes restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution and law provide for freedom of assembly. While the government restricted this right, it sometimes allowed individuals to exercise this freedom without reprisal.

On March 20, an Andijan regional court sentenced Muslim scholar and human rights activist Musajon Bobojonov to 15 days’ detention for conducting a nikah ritual (an unregistered religious marriage ceremony). Although performing nikah is not itself illegal, Bobojonov was sentenced under Article 201 of the administrative code, “violation of the procedure for organizing, holding meetings, rallies, street processions, or demonstrations.” After the intervention of Bobjonov’s lawyer, human rights activists, and local bloggers, the court reduced his sentence to five days.

Authorities have the right to suspend or prohibit rallies, meetings, and demonstrations. Although the law requires demonstrators to obtain permits, most demonstrators proceeded without filing permit applications. In some incidents, authorities subjected citizens to large fines, threats, arbitrary detention, or abuse for violating procedures for organizing meetings, rallies, and demonstrations or for facilitating unsanctioned events by providing space, other facilities, or materials. Organizers of “mass events” with the potential for more than 100 participants must sign agreements with the Ministry of Interior for the provision of security prior to advertising or holding such an event. Officials broadly applied this regulation, including to private corporate functions.

Freedom of Association

While the law provides for freedom of association, the government continued to restrict this right. Authorities sought to control NGO activity, internationally funded NGOs, and unregulated Islamic and minority religious groups. The operating environment for independent civil society, in particular human rights defenders, remained restrictive, although several activists reported improved cooperation with government officials. Several independent NGOs continued to face barriers to registering locally due to earlier court orders against them or other objections by officials.

The Ministry of Justice, which oversees the registration of NGOs, requires NGOs to obtain the ministry’s approval to hold large meetings with nonmembers, including foreigners; to seek the ministry’s clearance on any event where materials are to be distributed; and to notify the ministry in writing of the content and scope of the events in question.

The government has a legal framework for public oversight of the activities of government bodies and government officials. In accordance with the law, citizens, citizens’ self-government bodies, noncommercial organizations, and mass media have the right to exercise oversight regarding activities of government bodies and officials.

There are legal restrictions on the types of groups that may be formed. The law requires that organizations with an operating budget and funds register formally with the government. The law allows for a six-month grace period for new organizations to operate while awaiting registration from the Ministry of Justice, during which time the government officially classifies them as “initiative groups.” Several NGOs continued to function as initiative groups for periods longer than six months.

In 2018 the government issued a number of regulations that affected NGO activity. The Ministry of Justice no longer requires NGOs to obtain approval in order to conduct events, but they still need to notify the ministry of plans to conduct public programs. The minimum period for informing the ministry of planned activities is 10 days before the start of an event without the participation of foreign citizens, and 20 days before the start of event with the participation of foreign citizens. The ministry provides NGOs with written notice only in cases of refusal to conduct the event. The law also requires that NGOs file annual reports to the government. In 2018 the Ministry of Justice adopted the Regulation on Monitoring and Studying Activities of Nongovernmental, Noncommercial Organizations, which establishes a separate procedure on monitoring and studying NGOs’ activities.

The law grants the Ministry of Justice authority to inspect and audit NGOs.

Due to the burdensome challenges registering NGOs, many prominent and respected organizations have not received registration from the government. As a result, civil society remains stifled and the level of regulations prevents organizations from gaining a footprint in the country.

On January 18, shortly after Ezgulik assisted blogger and activist Nafosat Olloshkurova as she fled the country, authorities seized the registration certificate, charter, computers, and other documents of the Ezgulik branch office in the Jizzakh Region. According to Ezgulik, prosecutors stated they had a warrant to conduct the search but did not produce it when asked. The next day the prosecutor’s office filed a corruption case against the head of the branch office, Zifa Umrzakova. In June the Criminal Court of Jizzakh sentenced her to two years of “restricted movement.” The case was pending appeal, with a hearing scheduled for January 11, 2021.

The administrative liability code imposes large fines for violations of procedures governing NGO activity as well as for “involving others” in “illegal NGOs.” The law does not specify whether the term refers to NGOs suspended or closed by the government or merely NGOs not officially registered. The administrative code also imposes penalties against international NGOs for engaging in political activities, activities inconsistent with their charters, or activities the government did not approve in advance.

Registered NGOs are allowed to receive grants from domestic and foreign donors. Receiving organizations must notify the Ministry of Justice of their grants and present a plan of activities to the ministry that details how the NGO would allocate the funds. If the ministry approves, no other government approvals are required. The ministry requires yearly financial reports from NGOs.

Parliament’s Public Fund for the Support of Nongovernmental, Noncommercial Organizations, and Other Civil Society Institutions continued to conduct grant competitions to implement primarily socioeconomic projects. Some civil society organizations criticized the fund for primarily supporting government-organized NGOs. The law criminalizes membership in organizations the government broadly deemed “extremist.”

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions and bargain collectively. The government effectively enforced applicable laws. Despite their legal status, no independent labor unions operated in the country. The law neither provides for nor prohibits the right to strike, but it prohibits antiunion discrimination. The law on trade unions states that workers may not be fired due to trade union membership, but it does not clearly state whether workers fired for union activity must be reinstated. Volunteers in public works and workers employed by individuals without documented contracts do not have strong legal protections of their rights.

There was no public information available regarding government enforcement of applicable laws, since there were no known cases of attempts to form independent unions. The law provides penalties for violating freedom of association laws. Penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination. The government amended the law on “professional unions, rights, and guarantees of their activities.” Despite legal protections for profession unions, workers had not successfully formed or joined independent unions. Workers continued to worry that attempts to create independent alternative unions would be repressed. Unions remained centralized, controlled by, and dependent on the government.

The state-run Federation of Trade Unions of Uzbekistan included in its ranks more than 35,000 primary organizations and 14 regional trade unions, according to official reports. Regional and industrial trade unions remained state managed.

Government-organized unions did not undertake independent bargaining on behalf of their members. Government ministries, including the Ministry of Agriculture, in consultation with the Federation of Trade Unions, continued to set wages for government employees and production quotas in certain sectors. The government moved toward letting the market determine prices in a larger number of sectors than in previous years. In the emerging private sector, management established wages or negotiated them individually with persons who contracted for employment. Labor arbitration was underdeveloped.

Vanuatu

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, strike, and bargain collectively. This right is not extended to the police force or prison service. While the law does not require union recognition by the employer, it prohibits antiunion discrimination once a union is recognized. Unions are required to register with the government and to submit audited statements of revenue and expenditure to the registrar annually. Unions require government permission to affiliate with international labor federations; the government has not denied any union such permission.

The law prohibits retaliation for legal strikes but does not explicitly require reinstatement for workers fired for union activity. Unions are independent of the government, but there were instances of government interference in union activities. The law requires unions to give 30 days’ notice of intent to strike and to provide a list of the names of potential strikers. A union must also show it has attempted negotiation with the employer and reported the matter to the industrial registrar for possible mediation. The minister of labor may prohibit persons employed in essential services from striking. Under the law a court may find any person who fails to comply with such a prohibition guilty of an offense; similarly, for strikes in nonessential services, courts may also find workers failing to comply with procedural requirements guilty of an offense. Convictions for such offenses may result in an obligation to perform compulsory labor in public prisons.

Complaints from private-sector workers about violations of freedom of association are referred to the Department of Labor for conciliation and arbitration. The Public Service Commission handles complaints of violations from public-sector workers. Complaints of antiunion discrimination must be referred to the Department of Labor. According to the commissioner for labor, the department has a dispute-resolution process to manage these grievances.

The government effectively enforced applicable law without lengthy delays or appeals. Resources were limited, and investigations were generally only carried out following complaints. Penalties for violating the law were commensurate with those for other laws involving denials of civil rights.

The government and employers respected freedom of association, but the right to collective bargaining was not explicitly laid out in the law.

Venezuela

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The illegitimate Maduro regime restricted freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The constitution provides for the right of peaceful assembly, but the illegitimate Maduro regime generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the regime to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allows the illegitimate regime to criminalize organizations critical of it. Protests and marches require authorization from the regime in advance and are forbidden within designated “security zones.” Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic goods and services such as water, gasoline, and electricity. The political opposition and civil society organized marches to support interim president Juan Guaido and demand a transitional government and new presidential elections. The Venezuelan Observatory of Social Conflict (OVCS) documented 4,414 protests in the first six months of the year, 221 of which were repressed by regime-aligned security forces and armed groups. The OVCS documented 129 detentions, 62 injured, and two deaths during protests. An OHCHR investigation found three cases of torture and a sexual assault of protesters committed on May 20 by regime security forces in Lara State. Media reported a group of armed colectivos attacked protesters and journalists gathered at a protest convened on February 29 by interim president Guaido in Lara State.

NGOs and opposition deputies expressed concern that the illegitimate Maduro regime used quarantine restrictions as a form of social control to criminalize protests and silence critics. On May 23, FAES officers arrested Giovanny Meza and four others during a protest in Sucre State to demand water and electricity. Meza, who suffered from multiple sclerosis, had a seizure during his hearing. When the judge ordered a medical examination, doctors found that Meza showed signs of torture, including five broken ribs. Meza was charged with instigation to commit a crime, obstruction of public roads, possession of incendiary objects, and criminal association.

Freedom of Association

The constitution provides for freedom of association and freedom from political discrimination, but the illegitimate Maduro regime did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, repeatedly interfered with their attempts to hold internal elections.

A 2016 presidential decree directed the Foreign Ministry to suspend international funding to NGOs when “it is presumed” the funding was used with “political purposes or for destabilization.”

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that all private- and public-sector workers (except members of the armed forces) have the right to form and join unions of their choice, and it provides for collective bargaining and the right to strike. The law, however, places several restrictions on these rights, and the illegitimate Maduro regime deployed a variety of mechanisms to undercut the rights of independent workers and unions. Minimum membership requirements for unions differ based on the type of union. Forming a company union requires a minimum of 20 workers; forming a professional, industrial, or sectoral union in one jurisdiction requires 40 workers in the same field; and forming a regional or national union requires 150 workers. Ten persons may form an employee association, a parallel type of representation the illegitimate regime endorsed and openly supported.

The law prohibits “any act of discrimination or interference contrary to the exercise” of workers’ right to unionize. The law requires all unions to provide the Ministry of Labor a membership roster that includes the full name, home address, telephone number, and national identification number for each union member. The ministry reviews the registration and determines whether the union fulfilled all requirements. Unions must submit their registration application by December 31 of the year the union forms; if not received by the ministry or if the ministry considers the registration unsatisfactory, the union is denied the ability to exist legally. The law also requires the presence of labor inspectors to witness and legitimize unions’ decisions before the Ministry of Labor. The International Labor Organization (ILO) raised concerns regarding the ministry’s refusal to register trade union organizations.

By law employers may negotiate a collective contract only with unions that represent the majority of their workers. Minority organizations may not jointly negotiate in cases where no union represents an absolute majority. The law also restricts unions’ ability to administer their activities. For example, the CNE has the authority to administer internal elections of labor unions, federations, and confederations. By law elections must be held at least every three years. If CNE-administered and -certified elections are not held within this period, the law prohibits union leaders from representing workers in negotiations or engaging in anything beyond administrative tasks. The ILO repeatedly found cases of interference by the CNE in trade union elections, and since 1999 it has called for delinking the CNE from the union election process.

The law recognizes the right of all public- and private-sector workers to strike, subject to conditions established by law. Workers participating in legal strikes receive immunity from prosecution, and their time in service may not be reduced by the time engaged in a strike. The law requires that employers reincorporate striking workers and provides for prison terms sufficient to deter violations for employers who fail to do so. Replacement workers are not permitted during legal strikes. The law prohibits striking workers from paralyzing the production or provision of essential public goods and services, but it defines “essential services” more broadly than ILO standards. The ILO called on Venezuela to amend the law to exclude from the definition of “essential services” activities “that are not essential in the strict sense of the term…so that in no event may criminal sanctions be imposed in cases of peaceful strikes.”

The minister of labor may order public- or private-sector strikers back to work and submit their disputes to arbitration if a strike “puts in immediate danger the lives or security of all or part of the population.” Other legal provisions establish criminal penalties for exercising the right to strike in certain circumstances. For example, anyone who “organizes, supports, or instigates the realization of activities within security zones that are intended to disturb or affect the organization and functioning of military installations, public services, industries and basic [i.e., mining] enterprises, or the socioeconomic life of the country” could be punished with five to 10 years in prison if convicted. The law also provides for prison terms sufficient to deter violations by those who restrict the distribution of goods and “those…who develop or carry out actions or omissions that impede, either directly or indirectly, the production, manufacture, import, storing, transport, distribution, and commercialization of goods.” There was no information on whether penalties were sufficient to deter violations.

The illegitimate Maduro regime restricted the freedom of association and the right to collective bargaining through administrative and legal mechanisms. The regime did not effectively enforce the law, and penalties were not commensurate with those for other laws involving denial of civil rights, such as discrimination.

The ILO raised concerns regarding violence against trade union members and intimidation of the Associations of Commerce and Production of Venezuela by the illegitimate regime. In 2018 ILO member countries voted to establish an ILO Commission of Inquiry (COI) for Venezuela to investigate longstanding complaints first filed in 2015 of labor rights violations of ILO Conventions Nos. 26, 87, and 144, which pertain to minimum-wage fixing, freedom of association and protection of the right to organize, and tripartite consultation, respectively. In 2019 the commission submitted its report to the ILO director general, noting the illegitimate regime had repeatedly committed violations of international conventions on minimum wage, freedom of association and the right to organize, and labor standards. The report also called for “the immediate release of any employer or trade unionist who may be in prison as a result of carrying out the legitimate activities of their workers’ or employers’ organization.” In late October the illegitimate Maduro regime rejected the ILO COI recommendations from 2019 on egregious labor violations.

Organized labor activists continued to report that the annual requirement to provide the Ministry of Labor a membership roster was onerous and infringed on freedom of association. They alleged the ministry removed member names from the rosters for political purposes, particularly if members were not registered voters on the CNE’s rolls. Labor leaders also criticized the laborious and costly administrative process of requesting CNE approval for elections and subsequent delays in the CNE’s recognition of such union processes. In addition there reportedly was a high turnover of ministry contractors, resulting in a lack of timely follow-through on union processes. Labor unions in both the private and public sectors noted long delays in obtaining CNE concurrence to hold elections and in receiving certification of the election results, which hindered unions’ ability to bargain collectively.

The illegitimate Maduro regime continued to support many “parallel” unions, which sought to dilute the membership and effectiveness of traditional independent unions. The regime excluded from consideration other, independent union federations, including the Confederation of Venezuelan Workers, General Confederation of Venezuelan Workers, Confederation of Autonomous Unions of Venezuela, and National Union of Workers.

The illegitimate regime continued to refuse to adjudicate or otherwise resolve the cases of thousands of employees of the state-owned oil company PDVSA who were dismissed during and after the 2002-03 strike. The Ministry of Labor continued to deny registration to the National Union of Oil, Gas, Petrochemical, and Refinery Workers.

The concept of striking, demonized since the 2002 national security law, was used periodically as a political tool to accuse regime opponents of coup plotting or other destabilizing activities. Some companies, especially in the public sector, had multiple unions with varying degrees of allegiance to the ruling party’s version of the “socialist revolution,” which could trigger interunion conflict and strife.

The OHCHR documented restrictions on labor unions through the arbitrary detention of union leaders and five forced evictions of union headquarters. The Venezuelan Observatory of Union Freedom documented more than 100 detentions, most of which were arbitrary, of union leaders since 2010.

NGOs reported the illegitimate regime continued harassment of unions by prosecuting union members in military courts. On March 31, a labor attorney was severely beaten and taken into custody by the GNB in Barquisimeto, Lara, for recording with his cell phone a peaceful protest of health workers who were struggling to get gasoline ration vouchers promised by the regime.

Union leaders denounced the detention on May 8 of Bartolo Guerra, a PDVSA tugboat captain, for criticizing the illegitimate Maduro regime. In a meeting with the company’s leadership, workers expressed frustration regarding low salaries and poor working conditions. According to the Federation for Oil Workers, Guerra had worked for 40 consecutive days, and the company had not provided food or water for employees for more than a week. Guerra blamed the misery and hunger of workers on Maduro. When Guerra refused to retract his statements, the DGCIM arrested him and charged him with treason.

On August 31, Ruben Gonzalez, secretary general of miners’ union Sintraferrominera, was released after a military tribunal convicted him for “outrage” to the armed forces and the GNB and sentenced him to five years and nine months in prison. Union leaders described Gonzalez’ 2018 arrest and imprisonment as part of the illegitimate regime’s efforts to eliminate the union and install a more pliant, parallel union while a new collective agreement was negotiated.

Vietnam

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The government restricted freedom of peaceful assembly. Laws and regulations require persons wishing to gather in a group to apply for a permit, which local authorities issued or denied without explanation. Only those arranging publicized gatherings to discuss sensitive matters appeared to require permits. The government generally did not permit any demonstrations that could be perceived as political. The law permits security forces to detain individuals gathering or protesting outside of courthouses during trials. Persons routinely gathered in informal groups without government interference so long as the gathering was not perceived as political or a threat to the state.

The Ministry of Public Security and local police routinely prevented activists from peacefully assembling. There were numerous reports of police dispersing gatherings of environmental activists, land rights advocates, human rights defenders, bloggers and independent journalists, and former political prisoners. For example, on July 18, local police in Cam Vinh commune of Ha Tinh Province dispersed a gathering of Falun Gong members at a private residence.

Police and plainclothes authorities routinely mistreated, harassed, and assaulted activists and those demonstrating against the government.

Freedom of Association

The constitution affords individuals the right of association, but the government severely restricted the establishment of associations involved in what the government considered “sensitive” activities such as political, religious and labor issues. The country’s legal and regulatory framework includes mechanisms particularly aimed at restricting the freedom of NGOs, including religious organizations, to organize and act. The government generally prohibited the establishment of private, independent organizations, insisting that persons work within established, party-controlled mass organizations, usually under the aegis of the VFF.

Laws and regulations governing NGOs restrict their ability to engage in policy advocacy or conduct research outside of state-sanctioned topics and prohibit organizations focused on social science and technology from operating in fields such as economic policy, public policy, political issues, and a range of other areas considered sensitive. Authorities also did not permit them to distribute policy advocacy positions publicly.

The law requires religious groups to register with authorities and to obtain official approval of their activities. Some unregistered religious groups such as the Vietnam Baptist Convention and independent Pentecostal groups reported government interference.

According to some recognized groups and others attempting to register, implementation of the law varied from province to province. Some registered organizations, including governance, women’s rights, and environment-focused NGOs, reported increased scrutiny of their activities.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions under the Vietnam General Confederation of Labor (VGCL), a CPV-run organization. The VGCL, however, answers directly to the VFF, which does not protect trade unions from government interference in or control over union activity. The labor code adopted in November 2019 and coming into force in January 2021 allows workers to form or join an independent employee representative organization of their choosing that does not have to be affiliated with VGCL. Only citizens may form or join labor unions.

The law limits freedom of association by not allowing trade unions full autonomy in administering their affairs. All unions must follow the organizational and operational guidelines prescribed by the CPV and law. The law confers on the VGCL ownership of all trade-union property and gives it the right to represent lower-level unions. By law trade union leaders and officials are not elected by union members, but are appointed.

The law requires that if a workplace trade union does not exist, the next level “trade union” must perform the tasks of a grassroots union, even where workers have not so requested or have voluntarily elected not to organize.

For nonunionized workers to organize a strike, they must request the strike “be organized and led by the upper-level trade union.” If nonunionized workers wish to bargain collectively, the upper-level VGCL union must represent them.

The law prohibits strikes by workers in businesses the government considers essential to the national economy, defense, or public order. “Essential services” include electricity production; post and telecommunications; and maritime and air transportation, navigation, public works, and oil and gas production. The law also grants the chairmen of provincial people’s committees the right to suspend a strike considered detrimental to the national economy or public safety.

The law prohibits strikes at the sector or industry level and prohibits workers and unions from calling for strikes in support of multiemployer contracts.

The law provides for the right of trade unions to organize and lead strikes with substantive and procedural restrictions. The law limits strikes to cases that arise from a collective labor dispute and cases when collective bargaining is not undertaken within the legal timeframes or when a labor arbitration board has not been established. Workers must also provide five days’ prior notification to the employer and the provincial and district level peoples committee labor agents before a strike. Strikes that do not adhere to the process outlined by law are illegal.

The law states the executive committee of a trade union may issue a decision to go on strike only when at least 50 percent of workers support it. Workers must request and exhaust an extensive and cumbersome process of mediation and arbitration before a lawful strike may occur. Unions or workers’ representatives may either appeal decisions of provincial arbitration councils to provincial people’s courts or strike. The law stipulates strikers may not be paid wages while they are not at work. The law prohibits retribution against legal strikers. By law individuals participating in strikes declared illegal by a people’s court and found to have caused damage to their employer are liable for damages, although this has never been enforced.

The law includes provisions that prohibit antiunion discrimination and, nominally, interference in worker organization activities and impose administrative sanctions and fines for violations. The law does not distinguish between workers and managers, however, and fails to prohibit employers’ agents, such as managers, from participating or interfering in union activity.

The labor code, adopted in 2019 and set to take effect on January 1, 2021, includes provisions for collective bargaining.

The government did not effectively enforce applicable laws. There were no penalties for antiunion activities. There was no enforcement against workers for illegal strikes.

According to VGCL statistics as reported in state media, there were 121 wildcat strikes in 2019 and 91 wildcat strikes in the first half of 2020; most occurred in southern provinces. Approximately 82 percent of the strikes were in foreign direct-investment companies (mainly Korean, Taiwanese, Japanese, and Chinese). The strikers sought higher wages, better social insurance, and better meals between shifts. None of the strikes followed the authorized conciliation and arbitration process and thus authorities considered them illegal “wildcat” strikes. The government, however, took no action against the strikers and, on occasion, mediated agreements in the workers’ favor. In some cases the government imposed heavy fines on employers, especially foreign-owned companies, which engaged in illegal practices that led to strikes.

Because it was illegal to establish or seek to establish independent labor unions prior to the new labor code, there were no registered domestic NGOs involved in labor organizing. Local, unregistered labor NGOs, however, supported efforts to raise awareness of worker rights and occupational safety and health issues and to support internal and external migrant workers. Multiple international labor NGOs collaborated with the VGCL to train VGCL-affiliated union representatives in labor organizing, collective bargaining, and other trade union issues. The International Labor Organization (ILO)-International Finance Corporation (IFC) Better Work project reported management participation in trade union activities was a significant issue in apparel and footwear factories.

West Bank and Gaza

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

Authorities in the West Bank and Gaza limited and restricted Palestinian residents’ freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

PA law permits public meetings, processions, and assemblies within legal limits. The law requires permits for rallies, demonstrations, and large cultural events. Both the PA and Hamas security forces selectively restricted or dispersed peaceful protests and demonstrations in the West Bank and Gaza during the year.

In July the PASF arrested 22 anticorruption activists gathering for protests after their permit request was denied under coronavirus emergency regulations, according to media reports. The PASF arrested several of the activists as they were heading to the protest location, according to the ICHR. The ICHR claimed the activists were also arrested for social media posts critical of the PA. The PASF released 10 activists shortly after their arrest; the remaining 12 were released on bail after criticism from human rights groups of the arrests. The trials continued at year’s end. Some NGOs claimed the PASF used the emergency COVID-19 measures as a pretext to crack down on dissent.

According to a Hamas decree, any public assembly or celebration in Gaza requires prior permission. Hamas used arbitrary arrest to prevent some events from taking place, including political events affiliated with Fatah. Hamas also attempted to impede criticism of its policies by imposing arbitrary demands for the approval of meetings on political or social topics.

A 1967 Israeli military order stipulates that a “political” gathering of 10 or more persons requires a permit from the regional commander of military forces, which Israeli commanders rarely granted. The penalty for conviction of a breach of the order is up to 10 years’ imprisonment or a fine. The IDF Central Command declared areas of the West Bank to be “closed military zones” in which the IDF prohibited public assembly by Palestinians. Israeli military law prohibits Palestinians from insulting a soldier, participating in an unpermitted demonstration or march consisting of more than 10 persons, and “incitement” (encouraging others to engage in civil disobedience).

Palestinian human rights activist Issa Amro faced 16 charges in a trial in an Israeli military court that began in 2016 and continued through the year. The charges include participation in a march without a permit, assaulting a soldier, and incitement, according to human rights groups. Human rights organizations such as Amnesty International stated Amro’s actions during these incidents were consistent with nonviolent civil disobedience. The latest hearing in his case took place in September. Haaretz reported the IDF detained Amro at least 20 times at various checkpoints since 2018. In August, IDF soldiers detained Amro at a checkpoint in Hebron and released him two hours later with no explanation, according to rights groups.

Freedom of Association

PA law allows freedom of association. PA authorities sometimes imposed limitations on the freedom of association in the West Bank, including on labor organizations (see section 7.a.). NGOs stated a regulation subjecting “nonprofit companies” to PA approval prior to receiving grants impeded their independence and threatened the ability of both local and international nonprofits to operate freely in the West Bank.

In Gaza Hamas attempted to prevent various organizations from operating. This included some organizations Hamas accused of being Fatah-affiliated, as well as private businesses and NGOs that Hamas deemed to be in violation of its interpretation of Islamic social norms. Hamas claimed supervisory authority over all NGOs, and Hamas representatives regularly harassed NGO employees and requested information on staff, salaries, and activities.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

PA law provides for the rights of workers to form and join independent unions and conduct legal strikes. The law requires conducting collective bargaining without any pressure or influence but does not include protections for employees and unions to engage effectively in collective bargaining. Antiunion discrimination and employer or government interference in union functions are illegal, but the law does not specifically prohibit termination for union activity or provide for job reinstatement for termination due to union activity.

The PA labor code does not apply to civil servants or domestic workers, although the law allows civil servants the right to form unions. The requirements for legal strikes are cumbersome, and strikers had little protection from retribution. Prospective strikers must provide written notice two weeks in advance of a strike (four weeks in the case of public utilities). The PA Ministry of Labor may impose arbitration; workers or their trade unions faced disciplinary action if they rejected the result. If the ministry cannot resolve a dispute, it may refer the dispute to a committee chaired by a delegate from the ministry and composed of an equal number of members designated by the workers and the employer. Disputes may move finally to a specialized labor court, although authorities had not established the court as required by labor legislation.

The government did not effectively enforce labor laws and procedures were subject to lengthy delays and appeals. Penalties were not commensurate with those for similar criminal violations, and inspection was not sufficient to enforce compliance. The PA enforced the prohibitions on antiunion discrimination and employer interference in union functions, but it inconsistently enforced laws regarding freedom of association. The PA did not seek to enforce collective bargaining rights for unions, with the exception of those representing PA employees. Hamas continued to maintain de facto control of worker rights in Gaza, where the PA was unable to enforce labor law. Hamas continued to suppress labor union activities, including placing restrictions on celebrating Labor Day and suppressing public gatherings of labor unions.

The PA respected freedom of association and the right to collective bargaining in the West Bank, with some significant exceptions. Labor unions were not independent of authorities and political parties in the West Bank or Gaza. Two main labor unions in the West Bank (the Palestinian General Federation of Trade Unions and the Federation of Independent and Democratic Trade Unions and Workers) competed for membership and political recognition.

Israel applies Israeli civil law to Israeli settlements in the West Bank, but authorities did not enforce it uniformly. Despite a 2007 ruling by the HCJ requiring the government to apply Israeli law to Palestinian workers in Israeli settlements, the Israeli government did not fully enforce the ruling. Most Israeli settlements continued to apply the Jordanian labor law applicable prior to 1967 to Palestinian workers; that law provides for lower wages and fewer protections than does Israeli law.

Yemen

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but these rights were not respected in the majority of the country, i.e., areas that the ROYG did not control.

Freedom of Peaceful Assembly

The law provides for freedom of peaceful assembly. The Houthis and their affiliates responded to demonstrations and protests in various parts of the country with excessive force. SAR reported that in March students at the University of Science and Technology in Sana’a allegedly received threatening letters after holding a peaceful campus protest against the Houthi occupation of the university and the continued detention of the university’s former president Dr. Hamid Aqlan (see section 2.a, Freedom of Expression–Academic Freedom and Cultural Events).

Freedom of Association

While the law provides for freedom of association, there were reports the Houthis harassed and detained activists and shut down NGOs. Houthi authorities closed numerous NGOs during the year without proper due process, citing treason or conspiring with foreign powers. Houthi authorities created the Executive Office for Monitoring Operations of International Organizations to oversee the work of NGOs and reportedly police NGO activity. Several NGOs originally based in Sana’a moved to Aden or other cities in government-controlled areas, or abroad.

The law regulates associations and foundations and outlines the establishment and activities of NGOs. Authorities required annual registration. The law exempts registered NGOs from taxes and tariffs and requires the government to provide a reason for denying an NGO registration, such as deeming an NGO’s activities “detrimental” to the state. It forbids NGO involvement in political or religious activities. It permits foreign funding of NGOs. The law requires government observation of NGO internal elections. There were no known attempts by NGOs to register during the year.

Section 7. Worker Rights

Government enforcement of labor law was weak to nonexistent due to the continuing conflict. Labor laws were still in effect, but the Houthis controlled the ministries responsible for their implementation.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of salaried private-sector employees to join unions and bargain collectively. These protections do not apply to public servants, day laborers, domestic servants, foreign workers, and other groups who together made up the majority of the work force. The civil service code covers public servants. The law generally prohibits antiunion discrimination, including prohibiting dismissal for union activities.

While unions may negotiate wage settlements for their members and may conduct strikes or other actions to achieve their demands, workers have the right to strike only if prior attempts at negotiation and arbitration fail. They must give advance notice to the employer and government and receive prior written approval from the executive office of the General Federation of Yemen Workers’ Trade Unions (GFYWTU). Strikes may not be carried out for “political purposes.” The proposal to strike must be put to at least 60 percent of all workers concerned, of whom 25 percent must vote in favor for a strike to be conducted.

The government did not enforce laws on freedom of association and the right to collective bargaining.

While not formally affiliated with the government, the GFYWTU was the only official federation and worked with the government to resolve labor disputes. In practical terms, a union’s ability to strike depended on its political strength. Authorities often accused unions and associations of being linked to a political party.

Zambia

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

The government at times restricted peaceful assembly, while generally respecting freedom of association.

Freedom of Peaceful Assembly

The constitution provides for the right of freedom of peaceful assembly; however, the government at times restricted this right, and police and progovernment groups disrupted opposition political meetings, rallies, and other activities.

While authorities generally allowed protests and rallies, police frequently required opposition party or civil society organizations critical of the government to hold events at unfavorable locations and times. The Public Order Act requires political parties and other groups to notify police in advance of any rallies but does not require a formal approval or permit. In 1995 the Supreme Court declared provisions in the act that previously gave police the power to regulate assemblies, public meetings, or processions unconstitutional. Police, however, continued to disregard this landmark ruling and stopped opposition and civil society groups from holding public gatherings. For example, on June 23, police prevented a planned demonstration protesting lacking government transparency and accountability regarding the use of public resources. In January police prevented opposition parties from holding by-election campaign events on Chilubi Island during a presidential visit. On January 21, the Electoral Commission of Zambia described this action and ruling party measures to prevent opposition members’ access to the island by ferry as “electoral malpractice.”

Freedom of Association

The constitution provides for freedom of association. While the government generally respected the right to freedom of association, it placed some limits on this right through various mechanisms. For example, although it generally went unenforced, the NGO Act requires all organizations to apply for registration from the registrar of societies. The registration process is stringent and lengthy and gives the registrar considerable discretion. The law also places restrictions on funding from foreign sources. For this reason donors, including some UN agencies, required all organizations to register under the NGO Act before receiving funding. According to the Southern African Center for the Constructive Resolution of Disputes, government implementation of the NGO Act and NGO policy negatively affected the operations of civil society organizations because it gave authorities the power to monitor and restrict their legitimate activities.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, conduct legal strikes, and bargain collectively. Statutory restrictions regulate these rights; the government has discretionary power to exclude certain categories of workers from unionizing, including prison staff, judges, court registrars, magistrates, and local court justices. The law also requires the registration of a trade union with the Ministry of Labor and Social Security, which may take up to six months. The ministry has the power to refuse official registration on arbitrary or ambiguous grounds.

No organization may be registered as a trade union unless its application is signed by at least 50 employees or such lesser number as may be prescribed by the Minister of Labor and Social Security. With some exceptions, a trade union may not be registered if it claims to represent a class of employees already represented by an existing trade union. Unions may be deregistered under certain circumstances, but the law provides for notice, reconsideration, and right of appeal to an industrial relations court.

The government, through the Ministry of Labor and Social Security, brokers labor disputes between employers and employees. Casualization and unjustifiable termination of employment contracts is illegal. The law defines a casual employee as an employee engaged for less than a day.

In cases involving the unjustified dismissal of employees, the Ministry of Labor and Social Security settles disputes through social dialogue, and any unresolved cases are sent to the Industrial Relations Division of the High Court. Penalties were not commensurate with those for other similar violations. The law also provides a platform for employers, workers, and government to discuss matters of mutual interest through the Tripartite Consultative Labor Council.

The law provides for collective bargaining. In certain cases, however, either party may refer a labor dispute to a court or for arbitration. The International Labor Organization raised concerns the law did not require the consent of both parties involved in the dispute for arbitration. The law also allows for a maximum period of one year for a court to consider the complaint and issue a ruling. Collective bargaining agreements must be filed with the commissioner and approved by the minister before becoming binding on the signatory parties.

With the exception of workers engaged in a broadly defined range of essential services, the law provides for the right to strike if all legal options are first exhausted. The law defines essential services as fire departments, the mining sector, sewage removal, and any activity relating to the generation, supply, or distribution of electricity and water. Employees in the defense force and judiciary as well as police, prison, and intelligence service personnel are also considered essential. The process of exhausting the legal alternatives to a strike is lengthy. The law also requires a union to notify employers 10 days in advance of strike action and limits the maximum duration of a strike to 14 days. If the dispute remains unresolved, it is referred to the court. The government may stop a strike if the court finds it is not “in the public interest.” Workers who engage in illegal strikes may be dismissed by employers.

The law prohibits antiunion discrimination and employer interference in union functions, and it provides for reinstatement and other remedies for workers fired for union activity. Except for workers in “essential services,” no other groups of workers are excluded from relevant legal protections. The law covers workers in the informal sector but is seldom applied. Administrative judicial procedures were subject to lengthy delays and appeals.

The government did not effectively enforce the law. Penalties for employers were not commensurate with those for similar violations and were not effectively enforced. During the year the government interfered with the administrative affairs of trade unions. In February the Ministry of Labor and Social Security terminated the recognition agreement between the University of Zambia and the University of Zambia Lecturers and Researchers Union after the union protested against erratic payment of lecturers’ salaries and criticized poor government funding to the university. In August, however, the Lusaka High Court nullified the termination and restored the agreement. Other challenges that constrained effective enforcement included unaligned pieces of legislation, lack of financial capacity to implement programs, and lack of trained officers to enforce legislation.

Zimbabwe

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

Freedom of Peaceful Assembly

The government restricted freedoms of peaceful assembly, association, or both. The law requires organizers to notify police of their intention to hold a public gathering, defined as 15 or more individuals, seven days in advance. Failure to do so may result in criminal prosecution as well as civil liability. The law allows police to prohibit a gathering based on security concerns but requires police to file an affidavit in a magistrate’s court stating the reasons behind the denial. The government must respond to notifications to demonstrate within three days. Both the law and COVID-19 lockdown regulations were used to restrict free peaceful assembly during the year.

Although many groups did not seek permits, other groups informed police of their planned events, and police either denied permission or gave no response, effectively denying permission. Police issued prohibition orders against dozens of planned, nationwide labor and opposition party protests throughout the year, citing reasonable suspicion the protests would result in violence and property damage.

Authorities often denied requests by civil society, trade unions, religious groups, or political parties other than ZANU-PF to hold public events if the agenda conflicted with government policy positions. A small group of persons, however, received a permit to camp in front of foreign embassies in Harare throughout the year.

Freedom of Association

The constitution and law provide for freedom of association, but the government restricted this right. Although the government did not restrict the formation of political parties or unions, ZANU-PF supporters, sometimes with government support or acquiescence, intimidated and harassed members of organizations perceived to be associated with other political parties (see section 3). For example in July police arrested opposition party leader Jacob Ngarivhume and journalist Hopewell Chin’ono for their alleged roles in planning and promoting a July 31 protest against government corruption.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join unions, conduct legal strikes, and bargain collectively. Other provisions of law, as well as the government’s application of the law, abrogated these rights. Public-sector workers may not form or join trade unions but may form associations that bargain collectively and strike. The law prohibits antiunion discrimination, provides that the labor court handle complaints of such discrimination, and may direct reinstatement of workers fired due to such discrimination.

The law provides for the registrar of the Ministry of Public Service, Labor, and Social Welfare to supervise the election of officers of workers’ and employers’ organizations, to cancel or postpone elections, and to change the venue of an election. The law also grants the minister extensive powers to regulate union activities such as collecting dues and paying staff salaries, and to make decisions concerning the equipment and property that may be purchased by trade unions. The minister has the authority to veto collective bargaining agreements perceived to be harmful to the economy as well as to appoint an investigator who may, without prior notice, enter trade union premises, question any employee, and inspect and copy any books, records, or other documents. The law empowers the minister to order an investigation of a trade union or employers’ organization and to appoint an administrator to run its affairs.

The law significantly limits the right to strike. Strikes are limited to disputes regarding work issues. The law provides that a majority of the employees must agree to strike by voting in a secret ballot. Strike procedure requirements include a mandatory 30-day reconciliation period and referral to binding arbitration (in essential services and in nonessential services where the parties agree or where the dispute involves rights). Following an attempt to resolve a dispute of interest and a labor officer’s issuance of a certificate of no settlement, the party proposing a collective job action must provide 14 days’ written notice of intent to resort to such action, including specifying the grounds for the intended action, in order to call a strike legally. No provisions prohibit employers from hiring replacement workers in the event of a strike.

Police and army members are the only legally recognized essential services employees and may not strike, but the law allows the Ministry of Public Service, Labor, and Social Welfare to declare any nonessential service an essential service if a strike is deemed a danger to the population. The law also allows employers to sue workers for liability during unlawful strikes, with penalties for conviction that include fines, up to five years’ imprisonment, or both.

Collective bargaining agreements applied to all workers in an industry, not just union members. Collective bargaining takes place at the enterprise and industry levels. At the enterprise level, work councils negotiate collective agreements, which become binding if approved by 50 percent of the workers in the bargaining unit. Industry-level bargaining takes place within the framework of the National Employment Councils (NECs). Unions representing at least 50 percent of the workers may bargain with the authorization of the minister of public service, labor, and social welfare. The law encourages the creation of employee-controlled workers’ committees in enterprises where less than 50 percent of workers are unionized. Workers’ committees existed in parallel with trade unions. Their role is to negotiate shop floor grievances, while that of the trade unions is to negotiate industry-level problems, notably wages. Trade unions regarded the existence of such a parallel body as an arrangement that allows employers to undermine the role of unions.

For a collective bargaining agreement to go into effect, the ministry must announce it, thus giving the minister the power to veto the agreement. The Labor Amendment Act expands the minister’s power to veto a collective bargaining agreement if the minister deems it to be “contrary to public interest.” Workers and employers at the enterprise level also may come to a binding agreement outside of the official framework. Despite this provision, the ministry could block indefinitely any collective bargaining agreement that was not announced officially.

Although the law does not permit national civil servants to bargain collectively, the Apex Council, a group of public service associations, represented civil servants in job-related negotiations with the Public Service Commission. The Apex Council, representing 14 government health-care unions, declared a strike on June 18 demanding that the government raise salaries to October 2018 levels, pay salaries in U.S. dollars, and provide adequate PPE in the wake of the COVID-19 pandemic. Likewise, the Progressive Teachers Union of Zimbabwe, the largest teachers union in the country, began a strike on September 21 to demand higher wages and adequate PPE. Nurses ultimately reached an agreement with the health services board on September 9 to end their strike. The agreement called for nurses to work two days a week to reduce exposure to COVID-19 and as a compromise regarding nurses’ salary demands. Vice President Chiwenga announced an end to flexible working conditions and a return to a five-day workweek for nurses on October 23. The teachers strike continued as of mid-November.

The Ministry of Public Service, Labor, and Social Welfare did not effectively enforce the laws. Penalties were not commensurate with those for other violations of civil rights. Those charged with violating the law were subject to lengthy administrative delays and appeals.

The government did not respect workers’ right to form or join unions, strike, and bargain collectively. Parliament enacted a bill establishing the Tripartite Negotiating Forum (TNF) in 2019 to formalize dialogue efforts among government, labor leaders, and employers to discuss social and economic policy and address worker demands. The forum met once during the year. The Zimbabwe Congress of Trade Unions (ZCTU) stated the TNF had done little to address its workers’ demands for wage increases and labor law reform, and the government showed little progress in supporting workers’ protections, fairness, and peaceful resolution of labor disputes.

Government interference with trade union activity was common. Police and state intelligence services regularly attended and monitored trade union activities such as meetings. Police or ZANU-PF supporters sometimes prevented unions from holding meetings with their members and carrying out organizational activities. In July the Zimbabwe Republic Police published a list of 14 prominent government critics wanted for questioning, including the presidents of the ZCTU and the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), regarding planned anticorruption demonstrations on July 31. In the lead-up to the planned protests, the ZCTU president accused state security agents of slashing his car tires and unsuccessfully trying to abduct his relatives. The ARTUZ president alleged armed suspects confronted occupants in his home and the home of a relative, demanding to know his whereabouts. Some union leaders remained in hiding as of December.

Although the law does not require unions to notify police of public gatherings, police demanded such notification. Under the law the government could fine and imprison union members for organizing an illegal strike.

When unions exercised their right to strike, the government often met their efforts with violence and excessive force. Police arrested three ARTUZ members following a June 22 protest in Masvingo to demand increased salaries paid in U.S. dollars. Police also arrested 13 nurses at Harare Central Hospital on July 6 and charged them with contravening COVID-19 lockdown regulations; photographs of police holding clubs and chasing uniformed nurses circulated widely on social media.

At the 108th session of the International Labor Organization’s (ILO) conference in 2019, the Committee on the Application of Standards noted concern regarding serious violations of fundamental rights by government security forces, including a clear pattern of intimidation, arrests, detentions, violence, and torture of union and opposition members. The committee also noted persistent allegations of violations of the rights of freedom of assembly of workers’ organizations. The committee urged the government to accept an ILO direct contacts mission to assess progress before the next conference. After initial resistance, the ILO persuaded the government to support a direct contacts mission, which was originally scheduled for May but was postponed due to COVID-19. Ultimately, however, the government did not accept the direct contacts mission.

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The Lessons of 1989: Freedom and Our Future