a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but it grants the government authority to restrict these rights for a broad array of reasons. These include preventing hate speech and insurrection; maintaining national security, public order, public safety, public morality, public health, and the orderly conduct of elections; protecting the reputation, privacy, dignity, and rights of other persons; enforcing media standards; and regulating the conduct of media organizations. The POA also gives the government power to detain persons on suspicion of “endangering public safety” and to “preserve the peace.” The authorities continue to use the wide provisions in this law to restrict freedom of expression. The law on media prohibits “irresponsible reporting” and provides for government censorship of media.

Freedom of Expression: The law includes criticism of the government in its definition of the crime of sedition. This includes statements made in other countries by any person.

Press and Media, Including Online Media: Independent media were somewhat active; however, journalists practiced self-censorship on sensitive political or communal topics because of restrictions in the law and monitoring by the Media Industry Development Authority (MIDA). The opposition and other critics of the government accused the government of using state power to silence critics.

In July the appellate court reviewed an appeal brought by the prosecution in the case of three staff members of the Fiji Times, including the editor in chief, who were acquitted on sedition charges in May 2018; a decision on the appeal remains pending. Despite the journalists’ acquittal, media observers and human rights activists expressed concern the long investigation and trial had served to stifle free speech. The three staff were charged with sedition for the 2016 publication of a letter to the editor in the Fiji Times indigenous-language newspaper Nai Lalakai.

Violence and Harassment: On April 3, police detained three journalists from New Zealand’s Newsroom agency who were investigating allegations of environmental damage caused by a Chinese developer, Freesoul Real Estate, on Fiji’s Malolo Island. Police released the journalists 13 hours later, without charge. Prime Minister Bainimarama personally delivered a public apology for the officers’ actions, while Commissioner of Police Sitiveni Qiliho clarified in the media that the detention was “an isolated incident by a small group of rogue police officers.”

Censorship or Content Restrictions: The media law authorizes the government to censor all news stories before broadcast or publication. Although the government ceased prior censorship in 2012, the law remains on the books, and journalists and media organizations continued to practice varying degrees of self-censorship citing a fear of prosecution. Despite this, media published opinion articles by academics and commentators critical of the government.

By law, directors and 90 percent of shareholders in local media must be citizens and permanently reside in the country. MIDA is responsible for enforcing these provisions and has power to investigate media outlets for alleged violations, and the power to search facilities and seize equipment.

The code of ethics in the law requires that media publish balanced material. It obligates media to give any individual or organization an opportunity to reply to comments or provide materials for publication. Journalists reported this requirement did not restrict reporting as much as in past years.

The law on television requires television station operators to conform to the media law’s code of ethics.

Libel/Slander Laws: Libel, slander and defamation are treated as civil matters under the law. The constitution, however, includes protecting the reputation of persons as a permissible limitation to freedom of expression, including of the press. Some measure of this constitutional provision was enacted via the 2018 Online Safety Act. Authorities have used this act and the commission established in January under this act to restrict public discussion, establishing a de facto form of criminal libel with imprisonment penalties (see Internet Freedom, below).

Court decisions on two separate 2018 defamation lawsuits, the first brought by the prime minister and attorney general and the second by supervisor of elections, charging opposition critics with posting defamatory remarks on social media remained pending at year’s end.

The government did not restrict or disrupt access to the internet or censor online content; however, there were some reports the government monitored private online communications without legal authority.

The purpose of the 2018 Online Safety Act, according to the government, is to protect minors from offensive online behavior, cybercrime, and cyber bullying. The law penalized offenders with a maximum fine of FJD 20,000 ($9,140) and a maximum five years’ imprisonment for posting an electronic communication that causes harm to a person. Critics, however, including rights groups and youth and women’s organizations, warned it was a potential “trojan horse” for internet censorship and punishment of online dissent. Critics’ fears worsened when, on January 2, the first commissioner for online safety publicly told media: “If you have nothing nice to say, don’t say anything at all.” After enacting the law, the government filed several defamation lawsuits against political opponents for posting comments critical of the government on social media.

In May the court sentenced former Prime Minister Mahendra Chaudhry’s son, Rajendra Chaudhry, in absentia to 15 months’ imprisonment and a FJD 50,000 ($22,900) fine for contempt of court after he failed to appear for a civil defamation case brought against him by the attorney general, who claimed Chaudhry’s 2018 Facebook posts defamed the Fiji judicial system, chief justice and chief registrar, and undermined public confidence in the administration of justice in the country.

All telephone and internet users must register their personal details with telephone and internet providers, including name, birth date, home address, left thumbprint, and photographic identification. The law imposes a maximum fine of FJD 100,000 ($45,700) on providers who continued to provide services to unregistered users and a maximum fine of FJD 10,000 ($4,570) on users who did not update their registration information as required.

The constitution provides for academic freedom, although contract regulations of the University of the South Pacific effectively restricted most university employees from running for or holding public office or holding an official position with any political party. Persons who enter the country on tourist visas to conduct research must notify and seek permission from the government.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association; however, the government restricted these freedoms in some cases.

The constitution provides for freedom of peaceful assembly but allows the government to limit this right in the interests of national security, public safety, public order, public morality, public health, and the orderly conduct of elections. The constitution also allows the government to limit freedom of assembly to protect the rights of others and imposes restrictions on public officials’ rights to freedom of assembly.

The POA allows authorities to use whatever force necessary to prohibit or disperse public and private meetings after “due warning,” in order to preserve public order.

Although event organizers said authorities were sometimes very slow to issue permits, they granted permits for public rallies in support of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community and the 16 Days of Activism against Domestic Violence Campaign. Authorities, however, denied permits for public-service unions and the political opposition to protest.

Executive members of the Fijian Teachers Association (FTA), an affiliate member of FTUC, claimed police harassed and threatened them with “further action” over plans to hold a march during an Asian Development Bank (ADB) summit to be hosted by Fiji from May 1-5, and also if they failed to turn up for meetings at the police office. The Ministry of Education also threatened teachers with further reprisals, including legal action, if they participated in a planned May 3 nationwide strike (see section 7, below).

On June 17, police detained the president of the Fiji National Farmers Union (NFU), Surendra Lal, for questioning regarding alleged incitement and threatening to disrupt the harvesting of sugar cane. After two days Lal was released without being charged. According to an NFU statement, the detention came when growers were protesting low cane payments, a low forecast price for sugar, and the imposition of cane-cartage weight restrictions for trucks, which the union claimed would significantly add to transport costs.

On October 8, police rejected a request from the opposition National Federation Party (NFP) for a permit to march in Suva on October 10, Fiji’s national day. The police claimed the party failed to fulfill filing requirements. The proposed march was to protest the delayed police investigation into an alleged assault on NFP President Pio Tikoduadua by Prime Minister Bainimarama on August 9 (see section 3, below).

The constitution provides for freedom of association but limits this right in the interests of national security, public order, and morality and also for the orderly conduct of elections. The government generally did not restrict membership in NGOs, professional associations, and other private organizations.

On May 2, police raided the FTUC’s headquarters without a warrant and confiscated documents, laptops, and other equipment belonging to the union.

c. Freedom of Religion

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

d. Freedom of Movement

Under the POA, to enforce public order, the government may restrict freedom of internal movement, foreign travel, emigration, and repatriation.

In-country Movement: There were no reports the government restricted any person’s in-country movement during the year.

Exile: The government used re-entry bans as a de facto means of exiling critics. As in past years, opposition parties called on the government to lift re-entry bans on all existing and former citizens, including historian and former citizen Brij Lal, a critic of the government living in Australia. The Immigration Department has stated Lal could reapply for re-entry into the country; however, the ban reportedly remained in place as of November. Lal was deported from Fiji in 2009 by the interim government for activities “prejudicial to the peace, defense, and public security of the Government of Fiji.” Lal’s wife, Padma, also an academic, was stopped from re-entering the country in 2010.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The Office of the UN High Commissioner for Refugees (UNHCR) provides assistance to officials to undertake refugee-status determination procedures.

Not applicable.

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

Recent Elections: In November 2018 voters elected 51 members of parliament. The governing Fiji First party won 27 seats, and Josaia Voreqe (Frank) Bainimarama was sworn in as prime minister for a second four-year term. In presenting its conclusions, the Australian- and Indonesian-led Multinational Observer Group stated: “Conditions supported Fijians exercising their right to vote freely. The 2018 process was transparent and credible overall, and the outcome broadly represented the will of Fijian voters.”

Political Parties and Political Participation: The constitution provides for the right to form and join political parties, to campaign for political parties or a cause, to register as a voter, to vote by secret ballot in elections or referendums, to run for public office, and to hold that office. Nevertheless, the government may prescribe eligibility requirements for voters, candidates, political party officials, and holders of public office.

The POA requires permits for political meetings in both public and private venues, and these were granted in an open, nonpartisan, fair way.

The law requires that parties submit applications, which must include 5,000 members’ signatures, for registration. The law allows deregistration of political parties for any election offense and requires trade union leaders to resign their positions before running as candidates.

The electoral law restricts any person, entity, or organization from receiving funding from foreign governments, intergovernmental organizations, or NGOs, and forbids multilateral agencies from conducting or participating in any campaign, including meetings, debates, panel discussions, interviews, publication of materials, or any public forum discussing the elections. Maximum penalties for violations of the law include 10 years’ imprisonment, a fine of JD 50,000 ($22,900), or both. The law allows universities to hold panel discussions and organize inclusive public forums.

The law also reduces the opposition’s power and ability to introduce petitions in parliament. Any petition tabled in parliament requires the support of a minimum of 20 parliamentarians (40 percent) before members may present it for debate.

Opposition National Federation Party parliamentarian Pio Tikoduadua claimed the prime minister had assaulted him on August 9 outside parliament. Video footage of the incident, widely viewed on the internet, showed Prime Minister Bainimarama briefly grabbing Tikoduadua by the lapel and shoving him. A parliamentary privileges committee cleared the prime minister of assault in September but found that the two men breached parliamentary rules by insulting each other and ordered they apologize or face a six-month suspension from parliament. Prime Minister Bainimarama apologized, but Tikoduadua refused and was suspended from parliament for six months on September 6. A police investigation into the alleged assault by the prime minister continued at year’s end.

Participation of Women and Minorities: No law limits participation of women or members of minorities in the political process, and they did participate. Cultural attitudes about gender roles restricted political participation by most indigenous women. Indo-Fijians, who accounted for 36 percent of the population, were underrepresented in government and the military, although they held six of 13 cabinet minister positions and six of 10 assistant-minister positions.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials sometimes engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: The Fiji Independent Commission against Corruption (FICAC) reports directly to the president and investigates public agencies and officials, including police. Government measures to combat corruption within the bureaucracy, including FICAC public-service announcements encouraging citizens to report corrupt government activities, had some effect on systemic corruption. Media published articles on FICAC investigations of abuse of office, and anonymous blogs reported on some government corruption.

The government adequately funded FICAC, but some observers questioned its independence and viewed some of its high-profile prosecutions as politically motivated.

The Office of the Director of Public Prosecutions charged two police officers with fraud.

Corruption cases often proceeded slowly. In October the trial of former corrections chief lieutenant colonel Ifereimi Vasu began. Authorities dismissed him in 2015 for abuse of office related to his alleged misuse of a prison minimart.

Financial Disclosure: No law requires income and asset disclosure by appointed or elected officials. The law, however, requires financial disclosures by candidates running for election and party officials. In May 2018 FICAC charged Sitiveni Rabuka, leader of the opposition Social Democratic Party, with making a false declaration of his assets, income, and liabilities. The court acquitted Rabuka of all charges in October 2018. The appellate court dismissed a FICAC appeal of the ruling a week later.

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

The law constrained NGO operations in several ways. For example, the law includes criticism of the government in its definition of sedition.

A women’s advocate publicly alleged police called her repeatedly before a planned meeting for civil society organizations with visiting UN Secretary-General Antonio Guterres, demanding she reveal what she would discuss with Guterres and asking who else would attend the meeting.

Government Human Rights Bodies: The constitution establishes the FHRADC, and it continued to receive reports of human rights violations lodged by citizens. The constitution prohibits the FHRADC from investigating cases filed by individuals and organizations relating to the 2006 coup and the 2009 abrogation of the 1997 constitution. While the FHRADC routinely worked with the government to improve certain human rights matters (such as prisoner treatment), observers reported it generally declined to address politically sensitive human rights matters and typically took the government’s side in public statements, leading observers to assess the FHRADC as progovernment.

Rape and Domestic Violence: The law recognizes rape, including spousal rape, as a crime and provides for a maximum punishment of life imprisonment for rape. The law recognizes spousal rape as a specific offense. Rape (including spousal rape), domestic abuse, incest, and sexual harassment were significant problems. As of June, the Fiji Women’s Crisis Center recorded 295 domestic-violence cases; the center reported that eight women died in domestic-violence incidents as of September.

The law defines domestic violence as a specific offense. Police practice a “no-drop” policy, whereby they are required to pursue investigations of domestic violence cases even if a victim later withdraws the accusation. Nonetheless, women’s organizations reported police did not consistently follow this policy. Courts dismissed some cases of domestic abuse and incest or gave perpetrators light sentences. Traditional and religious practices of reconciliation between aggrieved parties in both indigenous and Indo-Fijian communities were sometimes utilized to mitigate sentences for domestic violence. In some cases, authorities released offenders without a conviction on condition they maintained good behavior.

Sexual Harassment: The law prohibits sexual harassment, and the government used criminal law against “indecent assaults on females,” which prohibits offending the modesty of women, to prosecute sexual harassment cases. Sexual harassment was a significant problem.

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

Discrimination: Women have full rights of inheritance and property ownership by law, but local authorities often excluded them from the decision-making process on disposition of indigenous communal land, which constituted more than 80 percent of all land. Women have the right to a share in the distribution of indigenous land lease proceeds, but authorities seldom recognized this right. Women have the same rights and status as men under family law and in the judicial system. Nonetheless, women and children had difficulty obtaining protection orders, and police enforcement of them, in domestic-violence cases.

Although the law prohibits gender-based discrimination and requires equal pay for equal work, employers generally paid women less than men for similar work (see section 7.d.).

Birth Registration: Citizenship is derived both from birth within the country and through one’s parents. Parents generally registered births promptly.

Education: Education is compulsory until age 15, but the law does not provide for free education. The government nonetheless as a matter of policy provides for free education.

Child Abuse: Corporal punishment was common in schools, despite a Ministry of Education policy forbidding it in the classroom. Increasing urbanization, overcrowding, and the breakdown of traditional community and extended-family structures put children at risk for abuse and appeared to be contributing factors to a child’s chance of exploitation for commercial sex. Reports indicated the number of child-abuse cases in the country increased and more children sought shelter at state-funded homes. The government continued its public-awareness campaign against child abuse.

Early and Forced Marriage: The legal minimum age for marriage is 18. Some NGOs reported that, especially in rural areas, girls often married at or before age 18, preventing them from completing their secondary-school education. In indigenous villages, girls younger than age 18 who became pregnant could live as common-law wives with their child’s father after the man presented a traditional apology to the girl’s family, thereby avoiding the filing of a complaint to police by the family. The girls frequently married the fathers as soon as legally permissible.

Sexual Exploitation of Children: Commercial sexual exploitation of children continued. It is an offense for any person to buy or hire a child younger than age 18 for sex, exploitation in prostitution, or other unlawful purpose; the offense is punishable by a maximum 12 years’ imprisonment. No prosecutions or convictions for trafficking of children occurred during the year.

It is an offense for a householder or innkeeper to allow commercial sexual exploitation of children in his or her premises. There were no known prosecutions or convictions for such offenses during the year.

Some high-school-age children and homeless and jobless youth were trafficked for commercial sex during the year, and there were reports of child sex tourism in tourist centers, such as Nadi and Savusavu. Commercial sexual exploitation of children was perpetuated by family members, taxi drivers, foreign tourists, businessmen, and crew members on foreign fishing vessels. The NGO Pacific Dialogue and the International Labor Organization claimed to have received reports of children engaging in organized prostitution, including being advertised online.

The minimum age for consensual sex is 16. The court of appeals has ruled that 10 years is the minimum appropriate sentence for child rape, but police often charged defendants with “defilement” rather than rape because defilement was easier to prove in court. Defilement or unlawful carnal knowledge of a child younger than age 13 has a maximum penalty of life imprisonment, while the maximum penalty for defilement of a child ages 13 to 15, or of a person with intellectual disabilities, is 10 years’ imprisonment.

Child pornography is illegal. The maximum penalty is 14 years in prison, a fine of FJD 25,000 ($11,400), or both for a first offense; and life imprisonment, a maximum fine of FJD 50,000 ($22,900), or both for a repeat offense, and the confiscation of any equipment used in the commission of the crime.

The law requires mandatory reporting to police by teachers and health and social-welfare workers of any incident of child abuse.

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

There was a small Jewish community composed primarily of foreign residents. There were no reports of anti-Semitic acts.

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

Discrimination against persons with disabilities is illegal. The constitution or laws address the right of persons with disabilities to reasonable access to all places, public transport, and information, as well as the rights to use braille or sign language and to reasonable access to accommodative materials and devices related to the disability; the law, however, does not further define “reasonable.” Moreover, the constitution provides that the law may limit these rights “as necessary.” Public-health regulations provide penalties for noncompliance, but there was minimal enabling legislation on accessibility for persons with disabilities, and there was little or no enforcement of laws protecting them.

Building regulations require new public buildings to be accessible to persons with disabilities, but only a few buildings met this requirement. By law all new office spaces must be accessible to persons with disabilities. Persons with disabilities continued to face employment discrimination (see section 7.d.). There were no government programs to improve access to information and communications for persons with disabilities, and persons with disabilities, in particular those with hearing or vision disabilities, had difficulty accessing public information. Parliament continued to televise its sessions in sign language to improve access for persons with hearing disabilities.

There were a number of separate schools offering primary education for persons with physical, intellectual, and sensory disabilities; however, cost and location limited access. Some students attended mainstream primary schools, and the nongovernmental Early Intervention Center monitored them. Opportunities were very limited for secondary school or higher education for persons with disabilities.

The law stipulates that the community, public-health, and general-health systems provide treatment for persons with mental and intellectual disabilities, although families generally supported persons with such disabilities at home. Institutionalization of persons with more significant mental disabilities was in a single, underfunded public facility in Suva.

The Fijian Elections Office continued to maintain a website accessible to the disability community, including text-to-speech capability, large type, and an inverted color scheme. The Fiji National Council for Disabled Persons, a government-funded statutory body, worked to protect the rights of persons with disabilities. The office implemented new procedures to facilitate the voting process for the November 2018 election for voters with disabilities.

Tension between indigenous Fijians and the Indo-Fijian minority was a longstanding problem. As of July 2017 indigenous Fijians comprised an estimated 58 percent of the population, Indo-Fijians 36 percent, and the remaining 6 percent was composed of Europeans, Chinese, Rotumans, and other Pacific-Islander communities. The government publicly stated its opposition to policies that provide “paramountcy” to the interests of indigenous Fijians and Rotumans, which it characterized as racist, and called for the elimination of discriminatory laws and practices that favor one race over another. Indo-Fijians dominated the commercial sector, indigenous Fijians dominate the security forces.

Land tenure remained highly sensitive and politicized. Indigenous Fijians communally held approximately 87 percent of all land; the government, 4 percent; and the remainder was freehold land held by private individuals or companies. Most cash-crop farmers were Indo-Fijians, the majority of whom were descendants of indentured laborers who came to the country during the British colonial era. Almost all Indo-Fijian farmers must lease land from ethnic Fijian landowners. Many Indo-Fijians believed that their dependence on leased land constituted de facto discrimination against them. Many indigenous Fijian landowners believed the rental formulas prescribed in national land tenure legislation discriminated against them as the resource owners.

By law all indigenous Fijians are automatically registered upon birth into an official register of native landowners, the Vola ni Kawa Bula. The register also verifies access for those in it to indigenous communally owned lands and justifies titleholders within indigenous communities.

The constitution prohibits discrimination on the grounds of sexual orientation, gender, and gender identity and expression. The law prohibits discrimination in employment based on sexual orientation. Nevertheless, the FHRADC reported complaints of discrimination against LGBTI persons in such areas as employment, housing, or access to health care.

The case against Saula Temo, arrested in November 2018 for the death of a transgender woman in a suspected hate crime in May 2018, continued at year’s end.

Police continued investigations into the 2017 murder of another transgender woman, Iosefo Magnus.

a. Freedom of Association and the Right to Collective Bargaining

The law provides all workers the right to form and join independent unions, bargain collectively, and strike.

The law prohibits some forms of antiunion discrimination, including victimizing workers or firing a worker for union membership.

The law limits who may be an officer of a trade union, prohibiting noncitizens, for example, from serving as officers. The constitution prohibits union officers from becoming members of parliament. The law also limits the ability of union officers to form or join political parties and exercise other political rights.

All unions must register with the government, which has discretionary power to refuse to register any union with a name that is “offensive or racially or ethnically discriminatory.” By law the government may cancel registration of existing unions in exceptional cases.

By law any trade union with seven or more members in an industry not designated as essential may enter into collective bargaining with an employer.

Unions may conduct secret strike ballots upon 14 days’ notice to the Registrar of Trade Unions and the strike may begin if 50 percent of all members who are entitled to vote approve the strike. Workers in essential services may strike but must also notify the Arbitration Court; and provide the category of workers who propose to strike, the starting date, and location of the strike. The law designates “essential service and industries” to include corporations engaged in finance, telecommunications, public-sector employees, mining, transport, and the airline industry. The definition of essential services and industries also includes all state-owned enterprises, statutory authorities, and local government authorities.

The law permits the minister of employment to declare a strike unlawful and refer the dispute to the Arbitration Court. If authorities refer the matter to the court, workers and strike leaders could face criminal charges if they persist in strike action.

The government did not enforce these rights. Penalties under law for violations of freedom of association and of collective bargaining agreements include fines and imprisonment; observers considered them sufficient to deter violations. Individuals, employers, and unions (on behalf of their members) may submit employment disputes and grievances alleging discrimination, unfair dismissal, sexual harassment, or certain other unfair labor practices to the Ministry of Employment, Productivity, and Industrial Relations (MEPIR).

Relations between the government and the two trade union umbrella bodies, the FTUC and the Fiji Islands Council of Trade Unions remained strained. The government took a number of steps against union officials and workers planning strikes and protest marches. In April, authorities harassed officials of the FTUC who planned to hold a May 3 nationwide strike and a May 4 protest in Nadi, the site of an ADB summit to be hosted by Fiji on May 1-5. Authorities denied permits for the protests and deployed approximately 400 police officers to cover the summit, warning the union to desist from “causing any major incidents to undermine Fiji’s reputation.” On May 1, police arrested several workers of the Water Authority of Fiji (WAF) for breaching the POA after they had gathered to protest the termination of many WAF employees. Also arrested were FTUC General Secretary Felix Anthony, the secretaries of the FTA and nurses’ union, and an officer of the National Union of Workers. Anthony was held for 48 hours under the POA for organizing “unlawful gatherings” about the WAF dispute. On June 28, police again arrested Anthony, charging him with breach of the POA for false statements regarding the expiry of employment contracts for the WAF workers and other infractions. Anthony was later released on bail, but charges remain pending.

Trade unions reported additional antiunion government action, including unilateral voiding of collective-bargaining agreements with civil servants; lockouts and threats of retaliation in order to prevent unions from voting on industrial action; dismissal of union members; and a pattern of systematic harassment and intimidation.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced or compulsory labor.

The Office of Labour Inspectorate, police, and Department of Immigration are responsible for enforcing the law, depending on the circumstances of the case. The government effectively enforced the law. The law prescribes penalties which were sufficient to deter violations.

There were reports forced labor occurred, including forced labor of children (see section 7.c.). Forced labor and trafficking of children occurred in the field of domestic work. Southeast Asians were subject to forced labor in manufacturing, agriculture, and fishing.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Education is compulsory until age 15; the Employment Relations Promulgation specifies that children ages 13 to 15 may be employed on a daily-wage basis in nonindustrial “light” work not involving machinery, provided they return to their parents or guardian every night. The law sets a limit of eight hours per day that a child can work but does not include a list of permissible activities. Children ages 15 to 17 may be employed, but they must have specified hours and rest breaks. They may not be employed in hazardous occupations and activities, including those involving heavy machinery, hazardous materials, mining, or heavy physical labor, the care of children, or work within security services.

MEPIR deployed inspectors countrywide to enforce compliance with the law, including law covering child labor. The government effectively enforced applicable law, and penalties were generally sufficient to deter violations. The law provides for imprisonment, fines, or both, for companies that violate these provisions. MEPIR maintains a database on child labor. Unannounced inspections are permitted within the informal sector, but inspectors must first seek the business owners’ permission before conducting the inspection. If there is reasonable cause to believe that prior notification of an inspection will prejudice the performance of the inspector’s duties, a police officer must accompany the inspector during the inspection.

Poverty continued to influence children to migrate to urban areas for work, increasing their vulnerability to exploitation, and to work as casual laborers, often with no safeguards against abuse or injury. Child labor continued in the informal sector and in hazardous work, including work as wheelbarrow boys and casual laborers. Children engaged in hazardous work in agriculture and fishing. Commercial sexual exploitation of children occurred (see section 6, Children). Some children worked in relatives’ homes and were vulnerable to involuntary domestic servitude or forced to engage in sexual activity in exchange for food, clothing, shelter, or school fees.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination and stipulates that every employer pay male and female workers equal pay for work of equal value. The law prohibits women working underground but places no other legal limitations on the employment of women. Workers may file legal complaints of sexual harassment in the workplace.

The government did not provide data on the enforcement of antidiscrimination provisions. Penalties for employment discrimination include fines and imprisonment and were, when enforced, sufficient to deter violations.

Discrimination in employment and wages occurred against women and persons with disabilities. Women generally received less pay than men for similar work. The nongovernmental Fiji Disabled People’s Association reported most persons with disabilities were unemployed due in significant part to discrimination by employers.

e. Acceptable Conditions of Work

There was no official poverty-level income figure, but the minimum wage did not typically provide a decent standard of living for a worker and family. The regulations stipulate all employers must display a written national minimum wage notice in their workplace to inform employees of their rights.

MEPIR’s Office of Labour Inspectorate is responsible for enforcing the minimum wage, but the inspectorate lacked capacity to enforce the law effectively. The Employment Relations Tribunal and the Employment Court adjudicate cases of violations of minimum-wage orders. Convictions for a breach of the minimum-wage law result in a fine, imprisonment, or both.

There is no single countrywide limitation on maximum working hours for adults, but there are restrictions and overtime provisions in certain sectors. The government establishes workplace safety laws and regulations.

The Occupational Health and Safety Inspectorate monitored workplaces and equipment and investigated complaints from workers. Government enforcement of safety standards suffered from a lack of trained personnel and delays in compensation hearings and rulings. Although the law excludes mines from general workplace health and safety laws, it empowers the director of mines to inspect all mines to provide for the health, safety, and welfare of employees. The Employment Relations Tribunal and the Employment Court decides compensation claims filed by the inspectorate on behalf of workers.

Unions generally monitored safety standards in organized workplaces, but many work areas did not meet standards, and the ministry did not monitor all workplaces for compliance. Workers in some industries, notably security, transportation, and shipping, worked excessive hours.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. There were some reports the government impeded visiting foreign journalists’ efforts to report on Kiribati, although the government said the reporters had failed to follow the proper application processes.

Press and Media, Including Online Media and Internet Freedom: Although there were no government restrictions, there were some concerns about the lack of independent local media and the lack of transparency of the registration process for media organizations. Either the government’s Broadcasting and Publications Authority or a media company owned by a member of parliament operated most locally based news media. The regional SKY Pacific paid-television channel provided news coverage in the capital, South Tarawa.

The law requires registration of newspapers and allows the government to cancel registrations or fine newspapers for certain offenses.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not specifically provide for the granting of asylum or refugee status, and the government has not established a formal system for providing protection to refugees. The principal immigration officer has wide discretionary authority to permit foreigners to stay in the country. During the year there were no reported applications for asylum or refugee status.

Not applicable.

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

Recent Elections: Observers considered the presidential election held in March 2016 to be free and fair. The legislature has 45 members. Of that number, 43 are elected by universal adult suffrage; the Rabi Island Council of i-Kiribati (persons of Kiribati ancestry) in Fiji elects one; and the attorney general, as an ex officio member, occupies the remaining seat. Two-step parliamentary elections held in December 2015 and January 2016 were considered free and fair.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. Their participation was low, largely due to traditional perceptions of their role in society. Three women were elected to the legislature in 2016, comprising 7 percent of that body. The same year, parliament appointed the country’s first female attorney general; several women served as permanent secretaries and deputy secretaries in the administration.

The law provides criminal penalties for corruption by officials, but corruption by officials was common, as was impunity.

Corruption: Nepotism and favoritism based on tribal and church ties were prevalent. The auditor general is responsible for oversight of government but lacked sufficient resources to enforce the law effectively. In June the vice president was removed from office for breaching the government’s travel policy and due to concern over delays in the Bairiki sports stadium redevelopment, which the vice president was overseeing. With the support of international donors, the government consulted with, and conducted training for, parliamentarians, citizens, and community-based organizations to strengthen capacities to address corruption and to implement the 2016 Leaders Code of Conduct.

Financial Disclosure: No laws, regulations, or codes of conduct require income and asset disclosure by appointed or elected officials.

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

Together with foreign partners, the government offered training to police, nongovernmental organizations (NGOs), and church-based groups to develop strategies to strengthen human rights institutions and policies, and to reduce discrimination against women.

Government Human Rights Bodies: A Human Rights Taskforce and a Human Rights Unit based in the Ministry of Justice provide human rights training and monitoring, and coordinate implementation of human rights treaties.

Rape and Domestic Violence: Rape, including spousal rape, is a crime, with a maximum penalty of life in prison, but sentences typically were much shorter. Domestic violence is a crime. The law provides for penalties of up to six months in prison for common assault and up to five years in prison for assault involving bodily harm.

The government, in partnership with UN Women, the Fiji Women’s Crisis Center, the Secretariat of the Pacific Community Regional Rights Resource Team, and development partners, continued training for police, public prosecutors, health workers, social welfare workers, education officials, elected officials, and NGO workers to implement the law effectively. Cultural taboos on reporting rape and domestic abuse and police attitudes encouraging reconciliation rather than prosecution existed.

The government continued implementing the Eliminating Sexual and Gender-based Violence Policy through a 10-year national action plan launched in 2011. The police force has a Domestic Violence and Sexual Offenses Unit whose officers participated in a capacity-building program, funded by a foreign government, that provided training in handling such cases. Police also ran a 24-hour hotline for victims of sexual violence and domestic abuse. The Kiribati Women and Children Support Center (KWCSC) continued increasing support for women and children affected by violence. With the support of an NGO, the KWCSC also provided victims with counselling and referral services. The Catholic Church operated a second shelter for women and children in Tarawa. The Ministry of Health operated a clinic at the main hospital in Tarawa for victims of domestic violence and sexual offenses.

Sexual Harassment: The law criminalizes sexual harassment and prescribes a fine of 1,000 Australian dollars (AUD, the country’s official currency) ($681) for anyone found guilty of the offense. There were no official reports of sexual harassment. The Ministry of Employment and Human Resource is implementing a three-year Gender Access and Equality Plan to promote a zero-tolerance policy for sexual harassment in workplaces and training institutes.

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

Discrimination: The law prohibits discrimination on the basis of gender in employment but not on other grounds (see section 7.d.), and there were no reports of government enforcing the law. Women have equal access to education. Property ownership rights are generally the same for men and women, but land inheritance laws are patrilineal, and sons often inherited more land than daughters. The citizenship law contains some discriminatory provisions. For example, the foreign wife of a male citizen acquires citizenship automatically through the marriage, but the foreign husband of a female citizen does not. Mothers cannot confer nationality to their children.

Birth Registration: Citizenship is acquired by birth in the country, unless the child acquires the citizenship of another country at birth through a noncitizen parent. Citizenship may also be acquired through the father. The law requires birth registration within 10 days.

Child Abuse: The law covers the care and protection of minors; the Ministry of Women, Youth, and Social Affairs is responsible for implementing the law. Child abuse, both physical and occasionally sexual, and often exacerbated by chronic alcohol abuse, continued to be a serious problem. The government developed curriculum and counseling guidelines for teachers to help students with abuse issues.

Early and Forced Marriage: The legal minimum age for marriage is 21, or 17 with the permission of a parent or guardian.

Sexual Exploitation of Children: The law prohibits the procurement of any girl younger than 18 for the purpose of prostitution and prohibits using a child of either gender younger than 15 for prostitution. In both cases the maximum penalty is two years in prison. The minimum age for consensual sex is 15. Sexual relations with a girl younger than 13 carry a maximum penalty of life imprisonment, and sexual relations with a girl ages 13 to 14 carry a maximum penalty of five years in prison. The victim’s consent is not a permissible defense under either provision; however, in the latter case, reasonable belief the victim was 15 or older is a permissible defense. While this provision applies only to female children, male-on-male sexual exploitation of children can be prosecuted under provisions against “unnatural” offenses (which cover both male and female victims) and as acts of “gross indecency between males,” with maximum penalties of 14 and five years in prison, respectively. The penal code has no specific provision concerning child pornography.

Anecdotal information from local government and nongovernment sources suggested that a small number of underage girls were among groups of women alleged to engage in commercial sex with crewmembers from foreign fishing vessels.

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

There is no permanent Jewish community, and there were no reports of anti-Semitic acts.

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

There are no overall legal protections for persons with disabilities. The law prohibits discrimination in employment against persons with disabilities. It does not define disability but prescribes an AUD 1,000 ($681) fine for anyone found guilty of the offense, although the law was not enforced.

Public infrastructure and essential services did not meet the needs of persons with disabilities. Access to buildings, communications, and information for persons with disabilities is not mandated, and there were no specific accommodations for persons with disabilities.

Most children with disabilities did not have access to education. Seven schools in the outer islands, the teacher’s college, and the Ministry of Education headquarters were accessible for children and staff with physical disabilities.

The Ministry of Women, Youth, and Social Affairs is responsible for protecting the rights of persons with disabilities.

Consensual sexual conduct between men is illegal, with a maximum penalty of five to 14 years’ imprisonment depending on the nature of the offense, but there have been no reports of prosecutions under these provisions for many years. No law specifically prohibits discrimination on the basis of sexual orientation or gender identity in housing, employment, nationality laws, or access to government services such as health care.

There were no reports of investigations into violence and abuse against persons based on sexual orientation or gender identity, but social stigma and the inaccessibility of government services may prevent reporting of incidents of discrimination or violence based on sexual orientation or gender identity.

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 government did not control or restrict union activities; however, unions must register with the government. The law prohibits antiunion discrimination at the time of hiring and while employed but does not specifically provide for reinstatement of workers fired for union activity.

The government effectively enforced the laws. Penalties for violations include fines or imprisonment and were sufficient to deter violations. There were no reports of lengthy delays or appeal processes during dispute resolution.

The law allows for compulsory arbitration in a wider range of cases than generally allowed under international standards. Similarly, the definition of “essential services,” in which the right to strike is limited, includes a broader range of sectors than do international standards. The penalties for unlawful strikes in both essential and nonessential sectors include imprisonment and a fine and were sufficient to deter violations.

The government and the employers in practice respected freedom of association and the right to collective bargaining. The Kiribati Trade Union Congress claims 3,000 members, including unions and associations for nurses, teachers, fishermen, and seafarers.

In keeping with tradition, negotiations generally were nonconfrontational. There were no known collective-bargaining agreements and no instances reported of denial of the right to strike. There were no reports of antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The constitution and laws prohibit most forms of forced or compulsory labor, with some exceptions regarding times of emergency or “calamity.” The law prescribes penalties of fines and imprisonment that are considered sufficient to deter violations. There were no reports forced labor.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 14 except in light work, and of children ages 14 to 18 in hazardous work. The law does not, however, specify what constitutes either light or hazardous work. Although the worst forms of child labor are generally prohibited–including the sale or trafficking of children; compulsory recruitment of children for use in armed conflict; use, procuring, or offering for prostitution; use, procuring, or offering of a child for illicit activities; and use, procuring, or offering of a child for the production or trafficking of illegal drugs–gaps exist within Kiribati’s legal framework. For example, the law does not specifically prohibit domestic trafficking of children. Penalties were insufficient to deter violations.

The Ministry of Employment and Human Resource conducted enforcement outreach efforts and established a mechanism for labor complaints, including child labor complaints. The government effectively enforced the law.

Child labor existed primarily in the informal economy. There were allegations of minors involved in sexual activity with foreign fishing crews, receiving cash, alcohol, food, or goods (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment, and there were no formal reports of discrimination in employment and wages. Cultural barriers, however, sometimes impeded women from playing a more active role in the economy. Persons with disabilities faced discrimination in hiring and access to worksites.

e. Acceptable Conditions of Work

The national minimum wage for employees of local businesses and companies was lower than the minimum wage rate for employees of foreign funded projects. This wage was higher than the poverty income level, but most of the working population worked in the informal, subsistence economy. The Public Service Office sets wages in the public sector, which makes up approximately half the employment in the formal economy.

The law sets the workweek at 40 hours. The law provides for the possibility of paid annual holidays for all employees except casual workers and 12 weeks for maternity leave, but it leaves the determination up to individual employment contracts, which are then submitted to the Ministry of Employment and Human Resource for documentation. Workers in the public sector worked 36.25 hours per week, with overtime pay required for additional hours. No law or regulation governs the amount of overtime an employee may work.

The Ministry of Employment and Human Resource is responsible for enforcing occupational safety and health standards. Employers are liable for the expenses of workers injured on the job. By law workers may remove themselves from situations that endanger their health or safety without threat to their employment.

A lack of qualified personnel hampered the government’s ability to enforce employment laws. The ministry conducted labor inspections and did not receive any work-related injury complaints in the year to October. The government did not provide any information on penalties for noncompliance. Anecdotal information suggested that workers in the service and hospitality sector worked excessive hours.

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression but does not refer specifically to speech or the press; however, the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

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

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

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.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

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

Not applicable.

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

Recent Elections: The March 5 election for 14 congressional legislators who serve either four- (the at-large member from each of the four states) or two-year terms was generally free and fair. Following the election, Congress selected David W. Panuelo as president from among the four at-large members who were eligible to serve as president.

Political Parties and Political Participation: There are no restrictions on the formation of political groups, but there were no significant efforts to organize political parties, and none existed. Candidates generally sought political support from family, allied clan groupings, and religious groups.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process; however, cultural factors in the male-dominated society limited women’s representation in government and politics. Women were well represented in the middle and lower ranks of government at both the federal and state level, but they were notably few in the upper ranks. At year’s end one woman held a cabinet-level position (postmaster general) and another woman served as consul general at the country’s consulate in Guam. There was one female associate justice on the national Supreme Court and one female associate justice on the Pohnpei State Supreme Court. The country’s first female ambassador served as permanent representative to the United Nations. There were four elected women in the Pohnpei State legislature. No women were elected in the March congressional election, and there were no female members of the other state legislatures.

The country is a multicultural federation, and both Congress and the executive branch included persons from various cultural backgrounds.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law, but some officials reportedly engaged in corrupt practices with impunity. There were numerous anecdotal reports of corruption.

Corruption: The Attorney General’s Office within the Department of Justice has primary responsibility for combating government corruption, including investigation and prosecution of individual cases. It operated somewhat independently. The office had sufficient resources, but observers said it allowed the Transnational Crime Unit (which investigates corruption) to deteriorate. The public auditor referred some corruption cases to the Department of Justice during the year.

On July 29, Master Halbert, an official in the Department of Transportation, Communications and Infrastructure (and the son-in-law of former president Peter Christian), was sentenced to 18 months in prison by a foreign court for his role in a money-laundering scheme involving bribes from a U.S. company to secure engineering and project management contracts from the Micronesian federal government. As of November the country itself, however, had not charged anybody involved in the scheme.

Financial Disclosure: No laws, regulations, or codes of conduct require income and asset disclosure by public officials.

Although there are no official restrictions, no local groups concerned themselves exclusively with human rights. Several groups addressed problems concerning the rights of women and children, and the government cooperated with these groups. There were active women’s associations throughout the country.

Rape and Domestic Violence: Sexual assault, including rape, is a crime. There is no specific law against spousal rape. Sexual assault involving a dangerous weapon or serious physical or psychological harm to the victim is punishable by a maximum nine years’ imprisonment in Chuuk and 10 years’ imprisonment in the other three states, and a maximum fine of $20,000 (the U.S. dollar is the national currency) in Kosrae and $10,000 in the other states. If neither a dangerous weapon nor serious physical harm is involved, the assault is punishable in all states by a maximum five years’ imprisonment and a fine. Due in part to social stigma, family pressure, fear of further assault, or the belief that police would not involve themselves in what is often seen as a private family matter, such crimes were underreported, and authorities prosecuted few cases. According to police and women’s groups, there were several reports of physical and sexual assaults against women, both citizens and foreigners, outside the family context.

Reports of domestic violence, often severe, continued during the year. Although assault is a crime, effective prosecution of offenses was rare. Pohnpei State police said they would not arrest anyone in a domestic violence scenario if the parents of both people involved in the altercation were present. The traditional extended family unit deemed violence, abuse, and neglect directed against spouses or children as offenses against the entire family, not just the individual victims, and addressed them by a complex system of familial sanctions. Traditional methods of coping with family discord were breaking down with increasing urbanization, monetization of the economy, and greater emphasis on the nuclear family in which victims were isolated from traditional family support. No institution, including police, has succeeded in replacing the extended family system or in addressing directly the problem of family violence.

There are no governmental facilities to provide shelter and support to women in abusive situations. The Pohnpei Department of Public Safety’s program of domestic violence included a hotline to handle domestic violence cases.

Sexual Harassment: The law does not prohibit sexual harassment, and anecdotal reports suggested it occurred.

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

Discrimination: Women have equal rights under the law, including the right to own property, and there were no institutional barriers to education or employment for women. The largest employers were the national and state governments, and they paid female employees equal pay for equal work. Societal discrimination against women continued, however, and cultural mores encouraged discriminatory treatment for women. Examples of discrimination against women included many instances of women being forced to stop their higher educational pursuits once they become pregnant. Women were also discouraged from returning to school once the child was born.

Birth Registration: A child acquires citizenship if at least one parent is a citizen. Individual states maintain birth records. Kosrae State requires registration within two weeks after a birth. In the other three states, registration takes place for hospital births, but on remote outer islands there are no hospitals, and authorities do not register children until and unless they come to a main island for education.

Education: By law education is free and compulsory for children from ages six through 14, or upon completion of eighth grade; however, many students left school before that.

Child Abuse: Child abuse is illegal, although the constitution provides for a right of parental discipline. Cultural attitudes regarding parental discipline limited reporting of abuse, and there were anecdotal reports of child abuse and neglect. The government made no efforts to combat child abuse or neglect. There were no shelters for child victims of domestic abuse. Traditional mediation usually involved agreement among male elders and provided no support for child victims.

Early and Forced Marriage: The minimum legal age for marriage is 18 for boys and 16 for girls; however, girls younger than age 18 require the consent of at least one parent or a guardian to marry.

Sexual Exploitation of Children: The law sets a maximum penalty of 30 years’ imprisonment and a $50,000 fine for child trafficking. The states’ statutory rape laws apply to children age 13 or younger in Yap and Kosrae, 15 or younger in Pohnpei, and 17 or younger in Chuuk. Maximum penalties vary by state. In Chuuk and Pohnpei, it is five years’ imprisonment and a $5,000 fine, while in Kosrae and Yap, it is 10 years’ imprisonment and a $20,000 fine. Only Pohnpei has a statute prohibiting child pornography. Both Chuuk and Pohnpei have provisions against filming explicit movies of underage children, but Yap and Kosrae have no such provisions. Both Chuuk and Pohnpei impose a penalty of six months’ imprisonment for violations. On March 6, a local taxi driver was convicted by the Supreme Court of delivering underage girls to men who forced them into paid sex.

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

There was no Jewish community, and there were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical disabilities in public service employment. Neither laws nor regulations mandate accessibility to public buildings or services for persons with disabilities. No policies or programs provided access to information and communications for persons with disabilities.

By law students with disabilities have the right to separate education and training until they are age 21; however, there are no separate education facilities. The government provided children with disabilities, including learning disabilities, separate education in mainstream schools, and instruction at home if necessary and if foreign funding was available. Separate education programs faced difficulties serving all eligible children.

Due to a lack of facilities and community-based support services for treating persons with mental disabilities, the government housed some persons with mental disabilities but no criminal background in jails. Authorities continued to provide separate rooms in jails for persons with mental disabilities, and state health departments provided medication and other treatment free to all incarcerated persons with mental disabilities.

The Department of Health and Social Affairs is responsible for protecting the rights of persons with disabilities but did not provide significant services.

Each of the country’s four states has a different language and culture. Traditionally Yap State had a caste-like social system with high-status villages, each of which had an affiliated low-status village. In the past those who came from low-status villages worked without pay for those with higher status in exchange for care and protection by those of higher status. The traditional hierarchical social system has gradually broken down, and capable persons from low-status villages may rise to senior positions in society. Nonetheless, the traditional system affected contemporary life. Authorities sometimes continued to underserve low-status communities.

The national and state constitutions prohibit noncitizens from owning land, and foreign investment laws limit the types of businesses they can own and operate.

The law does not criminalize consensual same-sex sexual conduct between adults; nor does it prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were no reports of violence or discrimination against LGBTI persons. The culture stigmatized public acknowledgement or discussion of certain sexual matters, including sexual orientation and gender identity. Persons rarely publicly identified as LGBTI.

a. Freedom of Association and the Right to Collective Bargaining

Although the law does not specifically provide for the right of workers to join a union, under the constitution citizens have the right to form or join associations, and by law government employees can form associations to “present their views” to the government without being subject to coercion, discrimination, or reprisals. Citizens did not exercise this right. No law deals specifically with trade unions, the right to collective bargaining, or antiunion discrimination. There is no specific right to strike, but no law prohibits strikes.

Although the law does not prohibit workers, including foreign workers, from joining unions, there were no unions and most private-sector employment was in small-scale, family-owned businesses or in subsistence farming and fishing. No nongovernmental organizations focused on unions or labor issues.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law, although resources and inspections were minimal. The national antitrafficking law provides for penalties that were sufficient to deter violations. There were reports of foreign workers from Southeast Asian countries working in conditions indicative of human trafficking on Asian fishing vessels in the country or its territorial waters.

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

c. Prohibition of Child Labor and Minimum Age for Employment

National and state laws do not establish a minimum age or prescribe limits on hours or occupations for employment of children. The law does not prohibit the worst forms of child labor. There was no employment of children for wages, but children often assisted their families in subsistence farming and family-owned shops. There were reports of children trafficked by family members for commercial sex, particularly to foreign fishermen and other seafarers.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination based on race, gender, and religion. Labor law also prohibits discrimination based on race and gender. The law also provides protections for persons with disabilities, but they are limited in scope. The law does not provide for specific legal protections for age, citizenship, national origin, political opinion, sexual orientation, gender identity, or positive diagnosis of HIV/AIDS or other diseases. The government did not effectively enforce the law, and penalties were insufficient to deter violations.

There was no pattern of discrimination in most areas, although discrimination in employment and occupation occurred with respect to persons with disabilities. Traditional customs, especially in Yap State, limited professional opportunities for lower-status and outer-island persons. Women were underrepresented in all areas except in the service sector.

e. Acceptable Conditions of Work

The national minimum hourly wage for employment with the national government was above the official estimate for the poverty income level. There is no other minimum wage.

The law sets a standard of an eight-hour day and a five-day workweek, with premium pay for overtime. There are no legal provisions prohibiting excessive or compulsory overtime. A federal regulation requires that employers provide a safe workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment.

The Division of Immigration and Labor within the Department of Justice is responsible for enforcing these standards. The number of labor inspectors was sufficient to deter violations. The tax system monitored the minimum wage effectively. The government generally was effective in its enforcement of these standards and provided sufficient resources for effective enforcement. Penalties were sufficient to deter violations.

Approximately one-half of workers were in the informal economy where the law does not apply, predominantly in subsistence agriculture and fishing. Working conditions aboard some foreign-owned fishing vessels operating in the country’s waters continued to be very poor. Crewmembers reported incidents of injuries, beatings by officers, and nonpayment of salaries.

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press; however, the government owned all media and exercised editorial control over content.

Censorship or Content Restrictions: The government owned all media, giving it significant control over published and broadcast content.

Libel/Slander Laws: By law “unlawful vilification” and “criminal defamation” are punishable by a maximum three years’ imprisonment. There were no reports of arrests for breach of the law, although critics contended these offenses could inhibit free speech.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. In January 2018 the government lifted restrictions it had used previously to block Facebook.

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

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.

c. Freedom of Religion

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

d. Freedom of Movement

Neither the constitution nor the law specifically provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government generally respected these rights for its citizens.

Not applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: As of November there were no people housed at the Australian government’s Regional Processing Centre in the country (used to house people seeking refuge or asylum in Australia). The Australian government has been criticized for poor conditions there. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

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

Durable Solutions: The government grants five-year visas to asylum seekers after they receive refugee determination.

Not applicable.

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

Recent Elections: International observers considered the most recent parliamentary election, held August 24, to be generally free and fair. Opposition figures alleged, however, that some changes made to the election law prior to the polls disadvantaged nongovernment candidates. The opposition also criticized President Baron Waqa for his announcement, on the eve of the election, of payouts of up to 10,000 Australian dollars ($6,700) to 734 Nauruans impacted by the collapse of the Bank of Nauru in 2006. The opposition claimed this was designed to shore up support for Waqa in the election. Critics also accused the Waqa government of misconduct after it approved citizenship for 118 people weeks before the election, automatically qualifying the new citizens to vote.

The 19-member parliament elected Lionel Aingimea, a former human rights lawyer and second-term member of parliament, as president.

Political Parties and Political Participation: Although political parties have the legal right to operate without outside interference, there were no formal parties.

In May former president Sprent Dabwido, who was part of a group of 19 people still facing trial for their role in a 2015 political protest outside the Nauru parliament, died in Australia. Prior to this while seeking cancer treatment in Australia, Dabwido said the government withheld his passport preventing timely travel and denied him access to a government-funded overseas medical treatment program for his condition, claims the government denied.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate; however, participation by women was significantly less than by men. Two of the five women who ran in the August 24 general election were elected to the 19-person parliament.

The country has a small and almost entirely homogenous Micronesian population. There were no members of minorities in parliament or the cabinet.

The law provides criminal penalties for corruption by officials and the government generally implemented the law effectively.

Corruption: There were no new reports of government corruption, although opposition politicians said corruption remained a problem, repeating earlier allegations the government misused funds provided by a foreign government for refugee resettlement in Nauru.

Financial Disclosure: There are no income and asset disclosure laws for appointed or elected officials.

The government did not restrict the establishment or operation of local human rights organizations, but no such groups existed. No international human rights organizations maintained offices in the country.

Government Human Rights Bodies: The Department of Justice had a Human Rights Section staffed by a human rights adviser, two human rights officers, and a liaison officer from the secretariat of the Pacific Community’s Regional Rights Resource Team. The section was generally effective.

Rape and Domestic Violence: Rape is a crime and carries a maximum penalty of 25 years’ imprisonment. The law specifically applies penalties for rape of married and de facto partners. Police are required to investigate all reported rape cases. They generally did so, and the courts prosecuted cases. Observers said many instances of rape and sexual abuse went unreported. The law does not address domestic violence specifically, but authorities prosecuted domestic violence cases under laws against common assault. The maximum penalty for simple assault is one year’s imprisonment. The maximum penalty for assault involving bodily harm is three years’ imprisonment.

Both police and judiciary treated major incidents and unresolved family disputes seriously.

Human Rights Watch reported that female refugees faced sexual assault and sexual harassment, yet such cases often were not reported to police.

The government did not maintain statistics on the physical or domestic abuse of women, but police officials stated they received frequent complaints of domestic violence. Families normally sought to reconcile such problems informally and, if necessary, communally.

Sexual Harassment: There is no specific law against sexual harassment, but authorities could and did prosecute harassment involving physical assault under assault laws.

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

Discrimination: The law provides the same legal status and rights for women and men, including under family, religious, labor, property, nationality, and inheritance laws. Discrimination in employment and wages occurred with respect to women (see section 7.d.).

Birth Registration: Children derive citizenship if one of their parents is a citizen. The constitution also provides for acquisition of citizenship by birth in the country in cases in which the person would otherwise be stateless. The law requires registration of births within 21 days to receive citizenship, and families generally complied with the law.

Child Abuse: The government does not maintain data on child abuse, but it remained a problem, according to civil society groups. The law establishes comprehensive measures, including mandatory reporting, to protect children from child abuse.

Early and Forced Marriage: The law prohibits marriage by persons younger than age 18.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum age for consensual sex is 16. There are standardized penalties for sexual exploitation of children; intentional sexual intercourse with a child younger than age 16 is punishable by 25 years’ imprisonment. Sexual intercourse with a child younger than age 13 carries a penalty of life imprisonment.

The law establishes penalties for taking images of children’s private acts and genitalia. If the child is younger than age 16, the maximum penalty is 10 years’ imprisonment, and if younger than age 13, 15 years’ imprisonment. The same law prescribes even tougher penalties for involving children to produce pornographic material. The maximum penalty if the child is younger than age 16 is 15 years’ imprisonment and 20 years’ imprisonment if the child is younger than age 13. The cybercrime law outlaws the electronic publication and transmission of child pornography.

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

The country does not have a Jewish community, and there were no reports of anti-Semitic acts.

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

The law does not specifically prohibit discrimination against persons with disabilities. No legislation mandates services for persons with disabilities or access to public buildings. Although the government has installed mobility ramps in some public buildings, many buildings were not accessible. The Department of Education has a special education adviser who is responsible for education for students with disabilities and teachers provided classes for a small group of students with disabilities.

The Department of Justice is responsible for protecting the rights of persons with disabilities. The law grants some legal protections for persons with mental disabilities. There were no reports of discrimination against persons with disabilities in employment, but social stigma likely led to decreased opportunities for employment.

The law does not prohibit discrimination based on sexual orientation or gender identity. The law does not specifically cite sexual orientation, but it could be used to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, and intersex persons. There were isolated reports of violence against persons based on sexual orientation and gender identity.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent trade unions or other associations. It restricts freedom of association for police. While the right to strike is neither protected nor prohibited by law, a civil servant may not foment or take part in a strike and may be summarily dismissed if found guilty of organizing a strike. The law does not specifically provide for the right of workers to bargain collectively, but it does not prohibit it. The law does not prohibit antiunion discrimination, and there is no legal right to reinstatement for dismissal due to union activity; however, workers may seek redress through the civil court system.

The government effectively enforced the law. Penalties for violations include fines, which were adequate to deter violations.

The country lacks formal trade unions. The transient nature of the mostly foreign workforce hampered efforts to organize trade unions.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. In general the government did not effectively enforce the law. The law does not stipulate penalties. Civil courts handle cases of forced labor. There were no reports such practices occurred.

c. Prohibition of Child Labor and Minimum Age for Employment

The worst forms of child labor were not prohibited. The law sets the minimum age of employment at 16. No regulations govern type of work, occupation, or hours for workers younger than age 18, nor do they identify hazardous occupations. The Department of Human Resources and Labor is responsible for enforcing the law. The government enforced the law in the public sector but did not conduct any workplace inspections of private businesses.

The only two significant employers–the government and the phosphate industry–respected minimum age restrictions. There were reports some children younger than age 17 worked in small family-owned businesses.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not prohibit discrimination in respect of employment and occupation. The law requires that public servants receive equal pay for work of equal value and provides for an entitlement to maternity leave after a woman has completed six months of employment. Women working in the private sector do not have a similar entitlement.

Discrimination against women in employment and wages occurred. Societal pressures and the country’s general poverty limited opportunities for women. While women headed approximately one-third of all households, less than one-quarter of heads of households engaged in paid work were female.

Overall, 70 percent of male heads of household and 40 percent of female heads of household were economically active in either paid or unpaid work, according to the Secretariat of the Pacific Community. There were no reports the government took any specific action to prevent employment discrimination.

e. Acceptable Conditions of Work

The minimum starting salary for public-sector employees is above the poverty level. There is no minimum salary for the private sector; approximately 26 percent of the population lived at the subsistence level.

Public-service regulations govern salaries, working hours, vacation periods, and other employment matters for government workers, who constituted more than 90 percent of salaried workers. The government has a graduated salary system for public-service officers and employees.

There is no limit to the maximum number of accumulated overtime hours and no prohibition on excessive or compulsory overtime for workers in the public sector. There are no specific regulations that govern overtime or overtime pay for private-sector workers.

Although the government sets some health and safety standards, they do not have the force of law. The law does not provide workers the right to remove themselves from a hazardous workplace without jeopardizing their employment.

The Department of Human Resources and Labor enforced labor laws in the public sector. The law allows the ministry the right to inspect a workplace at any time. Authorities can charge an employer with a criminal offense if found to be in violation of the labor law or the provisions of an employment contract, which was sufficient to deter violations. The number of inspectors was insufficient to deter violations.

With the decline of the phosphate industry, enforcement of workplace health and safety requirements continued to be lax.

a. Freedom of Expression, Including for the Press

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

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

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

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.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law does not provide for granting asylum or refugee status. The government provided some protection against expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Not applicable.

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

Recent Elections: In 2016 voters re-elected President Tommy E. Remengesau Jr. as president and elected Raynold Oilouch vice president in a generally free and fair election.

Participation of Women and Minorities: No laws prohibit or limit the participation of women or members of minorities in the political process and they did participate. In 2016 two women were elected to the 13-member Senate, and two women were elected to the 16-seat House of Delegates. There were two women in the seven-member cabinet, the ministers of state and of community and cultural affairs.

Government corruption was a problem, and the government took some steps to address it. The law provides criminal penalties for corruption by officials. The Office of the Special Prosecutor, an independent entity, is authorized to prosecute any corruption in the government.

Corruption: As of November the special prosecutor has three continuing investigations into cases of government corruption. In July the governor of Ngiwal State, Ellender Ngirameketii (son-in-law of former interim president Thomas Remengesau Sr.), was arrested and charged with misconduct in office and falsifying financial disclosure statements, understating payments for security services provided by his company to the government.

Financial Disclosure: The government requires elected and some appointed public officials to file annual financial disclosure statements; candidates for office must file a similar statement with the Ethics Commission. These statements are available for public inspection. There are administrative and criminal sanctions for noncompliance.

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

Government Human Rights Bodies: The Office of the President has an Office of the Ombudsman to which any citizen may complain. The government held numerous meetings and training sessions on human rights topics during the year. The special prosecutor held outreach sessions in hamlets throughout the country to inform community members of their right to complain to her office anonymously. She also created a web site for citizens to lodge complaints, which has received complaints that have been investigated.

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by a maximum of 25 years’ imprisonment, a fine of $50,000 (the country uses the U.S. dollar as its currency), or both. Domestic violence is a criminal offense. The law is enforced when police respond to calls of domestic violence; however, many persons are reluctant to call police in these situations due to societal pressure. A nongovernmental organization (NGO), “Semesemel Klengeakel Organizations” (Strengthening Family) helped families at high risk of domestic violence with counselling sessions and services, working closely with the Ministries of Justice and Health.

Sexual Harassment: Sexual harassment is illegal and punishable by a maximum of one year’s imprisonment, a $1,000 fine, or both.

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

Discrimination: The law provides the same legal status and rights for women and men. The inheritance of property and of traditional rank, however, is matrilineal. There were no reports of unequal pay for equal work or gender-related job discrimination. The government generally enforced the law effectively.

Birth Registration: At least one parent must be a citizen of the country in order to transmit citizenship to a child. Birth registration occurs immediately, and there were no reports of failure to register. Authorities register a child born to foreign national parents as a citizen of the parents’ countries.

Early and Forced Marriage: There is no minimum age for marriage between two citizens. The minimum age for marriage between a citizen and a noncitizen is 18 for a man and 16 for a woman, and women younger than 18 must obtain parental permission. Underage marriage was not common.

Sexual Exploitation of Children: The law does not explicitly prohibit child pornography, but it does prohibit the commercial sexual exploitation of children, and the law was enforced. The age of consensual sex is 17. Sexual assault of a minor younger than age 15 is a felony and is subject to a maximum imprisonment of 25 years, a $50,000 fine, or both. Child sexual abuse is a felony with fines up to $50,000, imprisonment for up to 25 years, or both.

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

There were reportedly fewer than 20 persons in the Jewish community. There were no reports of anti-Semitic acts.

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

The constitution and law prohibit discrimination against persons with physical or mental disabilities. The law covers persons with mental and physical disabilities, and the government enforced these acts. The law includes a provision for limited access to government buildings for persons with disabilities, and the government generally enforced this provision. Most public schools had programs to address the education needs of students with disabilities that included mainstreaming them with other students.

The law prohibits noncitizens from purchasing land, and there are no provisions for naturalization. Some foreign nationals experienced discrimination in employment (see section 7.d.), pay, housing, education, and access to social services, although the law prohibits such discrimination. Authorities did not pursue or prosecute crimes committed against noncitizens with the same vigor as crimes against citizens.

No laws addressed sexual orientation and gender identity. There were no reports of violence or discrimination based on sexual orientation or gender identity.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of all persons to assemble peacefully and to associate with others for any lawful purpose, including to join and organize labor unions and to bargain collectively; no laws regulate trade union organization. The law neither provides for nor prohibits the right to strike, and the government has not addressed this issue. There is no law concerning antiunion discrimination. The government enforced the laws, and penalties were sufficient to deter violations.

There were no active labor unions or other employee organizations. The majority of businesses were small-scale, family-run enterprises employing relatives and friends.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for forced labor offenses include imprisonment and fines, which were sufficient to deter violations. The Office of the Attorney General, the Bureau of Public Safety, and the Bureau of Labor and Human Resources (all within the Ministry of Justice) are responsible for enforcing the law. The government did not effectively enforce the law.

There were reports employers forced some foreign workers, particularly domestic helpers, unskilled construction laborers, and workers in the tourism industry, to accept jobs different from those for which they had signed contracts and to accept less pay than stipulated in the contract. There were also reports of fraudulent recruitment onto fishing boats, with fishermen subsequently facing conditions indicative of forced labor. Employers sometimes verbally threatened, or withheld passports and return tickets from, foreign workers seeking to leave unfavorable work situations.

Abuses most commonly reported included misrepresentation of contract terms and conditions of employment, withholding of pay or benefits, and substandard food and housing. There were also complaints of physical abuse. In several cases local authorities took corrective action when alerted by social service and religious organizations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age of employment for citizens is 16, and the minimum age for noncitizens is 21, excluding entertainers applying for temporary identification certificates. The law prohibits all of the worst forms of child labor. The law requires the government to protect children from exploitation. The Bureau of Labor and Human Resources is responsible for enforcing child labor laws and regulations. The government effectively enforced the law, and the penalties were adequate to deter violations.

There were no reports children worked in the formal economy, but some assisted their families with fishing, agriculture, and small-scale family enterprises.

d. Discrimination with Respect to Employment and Occupation

The constitution prohibits discrimination with respect to employment or occupation based on race, sex, marital status, place of origin, religion, disabilities, or political grounds. The law protects women from job discrimination and provides for equal pay for equal work. The Bureau of Aging and Gender, under the Ministry of Community and Cultural Affairs, promotes workplace gender equality. The law does not prohibit discrimination with respect to employment or occupation based on sexual orientation or gender identity, or HIV or other communicable disease status. There were no formal or documented reports of employment discrimination.

The government effectively enforced these laws. The Office of the Attorney General and the Bureau of Labor and Human Resources handle cases of workplace discrimination against foreign workers.

e. Acceptable Conditions of Work

The minimum wage (which applies only to citizens) is above the poverty line. The minimum wage does not apply to the informal sector, including, for example, domestic service, some categories of agricultural labor, and NGO work. It also does not apply to foreign workers, employees who are students, or temporary or probationary work by students and persons younger than 21.

The Bureau of Labor and Human Resources has established some regulations about conditions of employment for foreign workers, who are entitled to one day off per week, consisting of 10 continuous hours without working between 6 a.m. and 6 p.m. The bureau may inspect the conditions of the workplace and employer-provided housing on the specific complaint of an employee, but enforcement was inconsistent, and working conditions varied. There were continuing reports of the mistreatment of foreign workers by their employers. The foreign workers most likely to be abused were those who worked under contracts as domestic helpers, farmers, waitresses, cashiers, beauticians, hostesses in karaoke bars and massage parlors, construction workers, and other semiskilled workers, the majority of whom were from the Philippines, China, Bangladesh, Japan, and the Republic of Korea.

Although the law states that employers shall adopt reasonable and adequate occupational safety and health rules, no law protects workers who file complaints about hazardous conditions. Foreign workers may self-censor complaints due to fear they could lose their job if they removed themselves from situations that endangered health or safety.

The Division of Labor had seven labor inspectors responsible for enforcing minimum wage laws, regulations regarding working conditions of foreign employees, and safety standards. The government did not effectively enforce the law. The number of inspectors was insufficient to enforce compliance. According to the law, employers are subject to a civil penalty for noncompliance with minimum wage requirements, in addition to the amount of taxes, social security contributions, and interest on unpaid wages. Penalties for violations of acceptable conditions of work rules include a range of monetary fines per violation and imprisonment, which were not sufficient to deter violations.

Investigations by an Immigration and Labor Monitoring Task Force resulted in the departure of some workers who had overstayed their visas, were working without permits, or were involved in unsolvable disagreements with their employer. The Division of Labor established an amnesty period for foreign workers lacking proper documentation to come forward and receive appropriate documentation. Approximately 50 workers took advantage of this option during the year.

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press. The law stipulates imprisonment for any journalist who, despite a court order, refuses to reveal a confidential source upon request from a member of the public.

Censorship or Content Restrictions: The law authorizes the Samoa Tourism Authority (STA) to file suit against any person who publishes information about the tourism industry that it deems prejudicial to the public perception of the country. Violators are subject to a fine or maximum imprisonment of three months if they fail to retract the information or to publish a correction when ordered to do so by the STA. The STA did not exercise this authority in the year to October.

Libel/Slander Laws: Libel may be prosecuted as a criminal offense. The law was enacted in late 2017 largely in response to an increase in social media bloggers posting defamatory allegations, often about government leaders. Local media regard the law as an obstacle to press freedom.

In February, Malele Paulo, an Australia-based Samoan blogger, travelled to the country to attend his mother’s funeral. Paulo was arrested and charged with criminal libel for posting accusations that the prime minister played a part in the assassination of a fellow cabinet minister in 1999, along with other accusations. In July, Paulo pled guilty to the criminal libel charges at an initial hearing, but later withdrew his plea. In October, Paulo was sentenced to 7 weeks in prison. Paulo has also been charged in an August conspiracy to assassinate the prime minister but that case had not gone to trial as of December.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: There were reports some village councils banished individuals or families from villages.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for granting refugee status, but the government has not yet established a system for providing protection to refugees. There were no requests for asylum or refugee status.

Not applicable.

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. The government repealed the Electoral Act 1963 passing a new Electoral Act 2019. It combines all amendments to the repealed Act along with a requirement that all citizens 21 years and older register as voters and vote in national elections.

Recent Elections: The Electoral Act 2019 was tested in a by-election that took place in March. The Electoral Commissioner issued public notices regarding legal actions that are to be brought against those who did not register or did not vote. Observers considered the 2016 general election free and fair. The Human Rights Protection Party retained government control for a seventh consecutive term, winning 47 of 50 seats. The Tautua Samoa Party controlled three seats, not enough to form an official opposition. Following the election, plaintiffs filed six electoral petitions with the Supreme Court on grounds including cash and noncash bribery, during the campaign. Of the six, five were withdrawn and the court dismissed one for lack of evidence. Bribery, village pressure, and the threat of countersuits were reportedly cited as reasons for petition withdrawals.

Political Parties and Political Participation: The constitution gives all citizens older than age 21 the right to vote; however, only persons with a matai title, the 17,000 chiefly leaders of extended families, may run for parliament or serve on village councils. Matai are appointed, not elected, to the councils.

In addition to the restrictions favoring matai, the 2016 election was the first to require all candidates to satisfy a three-year period of monotaga (services rendered through participation and physical contributions) in their respective village(s) to be eligible to run. The law sought to ensure that candidates fulfilled cultural and other commitments to their village and could not just use their matai status or make large, last-minute contributions to their villages to garner votes. The amendment led to a number of court petitions and the disqualification of five candidates deemed not to have met the requirement. The cases exposed deficiencies in the amendment since monotaga is ill defined and can mean different types of service (or exemption from service for certain matai) in different villages. Some saw such subjective disqualifications as human rights abuses.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Four women won seats in parliament outright in 2016. A 50th seat was added to parliament to ensure that the constitutionally mandated 10 percent female representation in parliament was observed. The seat went to the unsuccessful woman candidate with the highest percentage of votes in her constituency. Although both men and women may become matai, only 10 percent of matai were women. Of the five female members of parliament, Fiame Naomi Mataafa is deputy prime minister, a first for the country.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. The maximum penalty for corruption is 14 years’ imprisonment. There were reports of government corruption. In May the contract of the chief executive officer (CEO) of the Ministry of Justice and Courts Administration was terminated following his suspension in March when the Public Service Commission (PSC) filed six charges against him. One of the charges included a breach of the Public Service Act, based on an allegation that the CEO unlawfully authorized the release of original Lands and Titles Court files relating to the minister of justice. The CEO was terminated, however, not for the removal of court files, but for inappropriate behavior towards female employees and alleged misconduct in relation to other ministry employees, issues that came to light during the PSC investigation.

The law provides for an ombudsman to investigate complaints against government agencies, officials, or employees, including allegations of corruption. The ombudsman may require the government to provide information relating to a complaint. The Attorney General’s Office prosecutes criminal corruption cases on behalf of the PSC. The Ombudsman’s Office and the PSC operated effectively. The Ombudsman’s Office included academics and other members of civil society among the members of its commissions of inquiry.

Corruption: There was public discontent throughout the year at significant delays in the submission of annual audit reports to parliament and the lack of punitive action. For example, the latest publicly available report of the controller and auditor general’s reports to parliament was for the 2014-15 fiscal year. The reports for the three subsequent years were tabled in parliament in March.

Financial Disclosure: Although there are no financial disclosure laws, codes of ethics applicable to boards of directors of government owned corporations encouraged public officials to follow similar disclosure.

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

Government Human Rights Bodies: Observers considered the Office of the Ombudsman generally effective and able to operate free from government or political party interference. The government usually adopted its recommendations. The Office of the Ombudsman also houses the National Human Rights Institute.

Rape and Domestic Violence: The constitution prohibits the abuse of women. Rape is a crime, but there is no legal provision against spousal rape. The courts treated rape seriously, and the conviction rate generally was high. The penalties for rape range from two years to life imprisonment, but no court has ever imposed a life sentence.

When police received complaints from abused women, authorities investigated and charged the offender. Authorities charge domestic violence as common criminal assault, with a maximum penalty of one year’s imprisonment. Village councils typically punished domestic violence offenders only if they considered the abuse extreme, such as when there were visible signs of physical harm. In the past few years, several villages have taken the extra step of incorporating specific fines into their village by-laws. In one village the fine is WST$2,000 ($800) per offense.

The government acknowledged that rape and domestic abuse were of significant concern. The National Public Inquiry into Family Violence, released in September 2018, revealed that 86 percent of women experienced some form of physical violence from an intimate partner, and 24 percent had experienced choking. Many cases of rape and domestic abuse went unreported because societal attitudes discouraged such reporting and tolerated domestic abuse. Social pressure and fear of reprisal typically caused such abuse to go unreported.

The Ministry of Police has a nine person Domestic Violence Unit that works in collaboration with nongovernmental organizations (NGOs) and focuses on combatting domestic abuse.

Sexual Harassment: No law specifically prohibits sexual harassment, and there were no reliable statistics on its incidence. The lack of legislation and a cultural constraint against publicly shaming or accusing someone, even if justifiable, reportedly caused sexual harassment to be underreported. Victims had little incentive to report instances of sexual harassment, since doing so could jeopardize their career or family name.

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

Discrimination: Women and men have equal rights under the constitution and statutory law, and the traditionally subordinate role of women continued to change, albeit slowly.

Birth Registration: A child is a citizen by birth in the country if at least one parent is a citizen. The government also may grant citizenship by birth to a child born in the country if the child would otherwise be stateless. Citizenship also derives by birth abroad to a citizen parent who either was born in the country or resided there at least three years. By law children without a birth certificate may not attend primary schools, but authorities did not strictly enforce this law.

Child Abuse: Law and tradition prohibit abuse of children, but both tolerate corporal punishment. The law prohibits corporal punishment in schools; a teacher convicted of corporal punishment of a student may face a maximum one year prison term.

The government aggressively prosecuted reported cases of child abuse.

Press reports indicated an increase in child abuse reports, especially of incest and indecent assault cases; the rise appeared to be due to citizens’ increased awareness of the importance of reporting physical, emotional, and sexual abuse of children.

Early and Forced Marriage: The legal minimum age for marriage is 21 for a man and 19 for a woman. Consent of at least one parent or guardian is necessary if either party is younger than the minimum. Marriage is illegal if a woman is younger than age 16 or a man is younger than age 18. Early marriage did not generally occur.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. Under the law, the maximum penalty for sexual relations with children younger than age 12 is life imprisonment and for children between ages 12 and 15 the maximum penalty is 10 years’ imprisonment. The law contains a specific criminal provision regarding child pornography. The law specifies a seven-year prison sentence for a person found guilty of publishing, distributing, or exhibiting indecent material featuring a child. Because 16 is the age of majority, the law does not protect 16- and 17-year-old persons.

Although comprehensive data on the sexual abuse of children was not available, the sexual abuse of children remained a widespread problem. In the National Public Inquiry into Family Violence, nearly 10 percent of female respondents reported they were raped as children by a family member.

The Ministry of Justice and Courts Administration and the Ministry of Education, in collaboration with NGOs, carried out educational activities to address domestic violence, sexual abuse, and human rights awareness.

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

The country had no Jewish community, and there were no reports of anti-Semitic acts.

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

While no law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in the provision of public services, the law does prohibit disability-based discrimination in employment.

Many public buildings were old, and only a few were accessible to persons with disabilities. Most new buildings provided better access, including ramps and elevators in most multistory buildings.

Tradition dictates that families care for persons with disabilities, and the community observed this custom widely.

Some children with disabilities attended regular public schools, while others attended one of three schools in the capital created specifically to educate students with disabilities.

There were no new reports of bans on setting up Chinese-owned retail shops on customary land within villages during the year; four villages banned Chinese-owned shops in 2017. These actions followed the rapid spread of ethnic Chinese-owned retail shops throughout Apia and into rural villages. The bans apply only on village-owned land (approximately 80 percent of land in the country), not to government or freehold land. During the year, however, there were two attacks on Chinese businesses; both involved violent assault of the Chinese owners and employees, resulting in one death. Many Chinese and ethnic Samoans feel Chinese are being targeted partly because of their ethnicity. There were no similar attacks on ethnically Samoan-owned businesses.

“Sodomy” and “indecency between males” are illegal, with maximum penalties of seven and five years’ imprisonment, respectively, but authorities did not enforce these provisions with regard to consensual same-sex sexual conduct between adults.

Although there were no reports of societal violence based on sexual orientation or gender identity, there were isolated cases of discrimination. Society publicly recognized the transgender Fa’afafine community; however, members of the community reported instances of social discrimination.

a. Freedom of Association and the Right to Collective Bargaining

The law protects the rights of workers to form and join independent unions, to conduct legal strikes, and to bargain collectively. There are certain restrictions on the right to strike for government workers, imposed principally for reasons of public safety. The law states that a public sector employee who engages in a strike or any other industrial action is considered “dismissed from…employment.” The law prohibits antiunion discrimination, such as contract conditions that restrict free association. The law addresses a range of fundamental rights and includes the establishment of a national tripartite forum that serves as the governing body for labor and employment matters in the country.

The government effectively enforced laws on unionization, and the government generally respected freedom of association. Penalties were sufficient to deter violations. The Public Service Association functioned as a union for all government workers. Unions generally conducted their activities free from government interference.

Workers exercised the right to organize and bargain collectively. The Public Service Association engaged in collective bargaining on behalf of government workers, including on wages. Arbitration and mediation procedures were in place to resolve labor disputes, although such disputes rarely arose. The government has the right to dissolve unions without going to court, a provision of the law criticized by the International Labor Organization (ILO).

There were no reports of strikes.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and the government generally enforced such laws. There is an exception in the constitution for service required by local custom. A key feature of the matai system is that non-matai men perform work in their village in service to their families, church, or the village as a whole. Most persons did so willingly, but the matai may compel those who do not wish to work, including children.

The government did effectively enforce the law. The law states that forced labor is punishable by penalties sufficient to deter violations. Aside from the cultural exception noted above and street vending by children, forced labor was not considered a problem. The Ministry of Commerce, Industry, and Labor received no complaints and found no violations of forced labor during inspections conducted.

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. The ILO noted that the law does not effectively prohibit the procuring or offering of children between the ages of 16 and 18 for the production of indecent materials. The law also does not specifically prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The law prohibits employing children ages 12-14 except in “safe and light work.” The government issued a public notice clarifying the hazardous work occupations prohibited for children under age 18.

The law does not apply to service rendered to family members or the matai, some of whom required children to work for the village, primarily on family farms. The law prohibits any student from engaging in light or heavy industrial activity during school hours of 8 a.m. to 2 p.m.

The law restricts vending by school-aged children (younger than age 14) if it interferes with their school attendance, participation in school activities, or educational development. This law is effectively enforced in the formal economy, but only minimally enforced in the informal economy in areas such as child street vending, which takes place at all hours of the day and night. Children frequently sold goods and food on street corners. The problem of child street vending attracted significant media coverage and public outcry. There were no reliable statistics available on the extent of child labor, but it occurred largely in the informal sector.

The extent to which children had to work on village farms varied by village, although anecdotal accounts indicated the practice was common. Younger children primarily did yard work and light work such as gathering fruit, nuts, and plants. Some boys began working on plantations as teenagers, helping to gather crops such as coconuts and caring for animals. Some children reportedly had domestic service employment.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination, direct or indirect, against an employee or an applicant for employment based on ethnicity, race, color, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status, and disability.

The government effectively enforced the law, and penalties were sufficient to deter violations. The Labor Ministry received one complaint regarding unfair hiring practices during the year. The hiring and recruiting process for the private sector is outside of the scope of the Labor and Employment Relations Act. No cases drew public attention.

To integrate women into the economic mainstream, the government sponsored numerous programs, including literacy and training programs.

e. Acceptable Conditions of Work

There were separate minimum wage scales for the private and public sectors. Both minimum wages were below the official estimate of the poverty income level for a household. The government effectively enforced wage laws, and penalties were sufficient to deter violations. Approximately 75 percent of the working population worked in the subsistence economy and had no formal employment.

The law covers private and public sector workers differently. For the private sector, the law specifies overtime pay at time and a half, with double time for work on Sunday and public holidays. For the public sector, there is no paid overtime, but authorities give compensatory time off for overtime work.

The law establishes certain rudimentary safety and health standards for workplaces, which the labor ministry is responsible for enforcing. The law also covers nonworkers who are lawfully on the premises or within the workplace during work hours. The law contains provisions for the identification and assessment of, and risk control for, workplace hazards and hazardous substances. In January the Labor Ministry issued a public notice clarifying the list of hazardous work prohibited for children.

Safety laws do not generally apply to agricultural service rendered to the matai or work in a family enterprise. Government employees have coverage under different and more stringent regulations, which the Public Service Commission enforced adequately.

Independent observers reported that the Labor Ministry did not strictly enforce safety laws, except when accidents highlighted noncompliance. It investigated work accidents when it received reports. The number of inspectors was generally sufficient to deter violations. Penalties were sufficient to deter violations.

Many agricultural workers had inadequate protection from pesticides and other dangers to health. Government education and awareness programs sought to address these concerns by providing appropriate training and equipment to some agricultural workers.

The Labor Ministry investigates any potential labor law violations in response to complaints. The police and education ministries may assist if needed; the PSC handles all government labor matters.

The commissioner of labor investigates reported cases of hazardous workplaces. Workers are legally able to remove themselves from situations that endanger health or safety without jeopardy to their employment.

a. Freedom of Expression, Including for the Press

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

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. The internet was available and widely used in urban areas, although 78 percent of the country’s population lived in rural areas and did not have internet access.

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

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. Demonstrators must obtain permits, which the government generally granted.

After Prime Minister Sogavare’s April election, a youth group applied for a protest permit, which police denied on the grounds of public safety. Despite the lack of authorization, groups of primarily young men staged violent protests, causing property damage in the capital. Police riot-control units dispersed the protesters with tear gas. In September multiple religious and civil society organizations in Honiara applied for permits to demonstrate in favor of continued diplomatic ties with Taiwan, but law enforcement officials denied the requests on public safety grounds. The government declined to grant any permit outside of Malaita Province for demonstrations following its September 16 decision to establish diplomatic ties with Beijing.

Local media reported the government threatened civil society organizations with deregistration in response to their petition calling on Prime Minister Sogavare to step down, following the government’s decision to extend diplomatic recognition to the People’s Republic of China.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons and other persons of concern.

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees. The government did not grant refugee status or asylum during the year, and there were no known refugees in the country.

Not applicable.

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

Recent Elections: Observers regarded the April 3 national parliamentary election as generally free and fair, although there was evidence of vote buying. The elections were the first since the full withdrawal of the Regional Assistance Mission to Solomon Islands peacekeeping contingent. The Commonwealth Observer Group reported that members of parliament used rural constituency development funds to buy political support.

Political Parties and Political Participation: Political parties operated without restriction but were institutionally weak, with frequent shifts in political coalitions and unstable parliamentary majorities. Electoral law requires all candidates to present party certificates.

Participation of Women and Minorities: No law limits participation of women or members of minorities in the political process, and they did participate; however, traditional male dominance limited the role of women in government. There were two women in the 50-member parliament and four female permanent secretaries in the 25 government ministries. There was one female judge on the High Court. Civil society groups such as the Young Women’s Parliamentary Group continued to advocate for more leadership positions for women.

While the law provides criminal penalties for corruption by officials, the government implemented the law inconsistently, and officials sometimes engaged in corrupt practices with impunity. There were reports of government corruption during the year.

A 2018 law established an Independent Commission against Corruption tasked with preventing official corruption and provides it with investigative and prosecutorial powers. The commission is responsible for implementing the National Anticorruption Strategy, but as of September was still not operational. The Office of the Ombudsman is responsible for investigating public complaints of government maladministration. “Taskforce Janus,” operated by the RSIP and Ministry of Finance and Treasury, works to identify corruption in the civil service. Their investigations led to the arrests of 25 civil servants, including the former permanent secretary for infrastructure development.

“Taskforce Janus,” operated by the RSIP and Ministry of Finance and Treasury, works to identify corruption in the civil service. Their investigations led to the arrests of 25 civil servants, including the former permanent secretary for infrastructure development.

The Public Accounts Committee is a permanent parliamentary committee established in the constitution with a mandate to examine public accounts and national property and to report to parliament.

Corruption: Corruption was a pervasive problem in the government, especially in the forestry and fishing sectors. In March a court sentenced Henry Murray, former permanent secretary for infrastructure and development, to four years imprisonment for corruption after he was convicted of misappropriating Solomon Islands dollars (SBD) 700,000 ($83,000) for personal use.

Police corruption was not a serious problem during the year. Observers criticized some police officers for being more loyal to their respective ethnic group or wantok (extended family) than to the country as a whole.

Financial Disclosure: Public officials were subject to financial disclosure laws under the leadership code of conduct. The Office of the Leadership Code Commission (LCC) investigates misconduct involving members of parliament or senior civil servants. If the LCC finds conclusive evidence of misconduct, it sends the matter to the Office of Public Prosecution, which may proceed with legal charges. The LCC chairperson and two part-time commissioners constitute a tribunal with power to screen certain cases of misconduct and apply maximum fines of SBD 5,000 ($593) for members of parliament or senior civil servants.

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

Government Human Rights Bodies: The constitution provides for an Office of the Ombudsman with power to subpoena and investigate complaints of official abuse, mistreatment, or unfair treatment. Although independent, a lack of resources limited its effectiveness.

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum penalty of life imprisonment. Domestic violence is a crime with a maximum penalty of three years in prison and a fine of SBD 30,000 ($3,560). Violence against women and girls, including rape and domestic abuse, remained a serious problem but was underreported. Among the reasons cited for failure to report abuse were pressure from male relatives, fear of reprisals, feelings of shame, and cultural taboos on discussing such matters.

Police often charged persons suspected of domestic violence and assault against women. As part of the police curriculum, officers receive specialized training on how to work with rape victims. Police have a Sexual Assault Unit, staffed mostly by female officers, to provide support to victims and investigate charges. In reported cases of domestic abuse, victims often dropped charges before a court appearance, or settled cases out of court. In cases in which charges were filed, the time between the charging of an individual and the subsequent court hearing could be as long as two years. The magistrates’ courts dealt with physical abuse of women as with any other assault, but prosecutions were rare due to low judicial and police capacity and cultural bias against women.

With donor funding and support, the government conducted training workshops for local court officials on how to process cases of domestic violence and rape. The training focused on how to apply relevant laws and policies and use referral networks to support victims.

For victims of domestic violence, the law provides for access to counseling and medical services, legal support, and a safe place within the community if they cannot return home. The government has a referral system in place to coordinate these services, but referral agencies often lacked funding, especially in rural areas. The Family Support Center and a church-run facility for abused women provided counseling and other support services for women.

Other Harmful Traditional Practices: Customary bride-price payments remained common and contributed to the perception of male ownership of women.

Sexual Harassment: Sexual harassment was not illegal and was a widespread problem.

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

Discrimination: While the law accords women equal legal rights, including the right to own property, most women were limited to customary family roles that prevented them from taking more active roles in economic and political life. No laws mandate equal pay for work of equal value (see section 7.d.). The government did not enforce equal rights laws effectively.

Birth Registration: Children acquire citizenship through their parents. The law does not allow dual citizenship for adults, and persons who acquire dual citizenship at birth must decide by age 18 which citizenship to retain. Registration delays did not result in the denial of public services to children.

Education: Education was neither free nor compulsory. Government policy was to cover operational costs for children age six to 15 years to attend school, but it rarely covered all costs and allowed schools to request additional contributions from families in the form of cash or labor. These additional costs prevented some children from attending school.

Child Abuse: Child sexual and physical abuse remained significant problems. The law grants children the same general rights and protections as adults, with some exceptions. The law mandates the Social Welfare Division of the Ministry of Health and Medical Services to coordinate child protection services and authorizes the courts to issue protection orders in cases of serious child abuse or neglect. Laws do not specifically prohibit the use of children in illicit activities such as drug trafficking.

The government did not effectively enforce laws designed to protect children from sexual abuse, child labor, and neglect (see section 7.c.). The law criminalizes domestic violence including violence against children, but there was poor public awareness, and the law was not well enforced.

Early and Forced Marriage: Both boys and girls may legally marry at age 15, and the law permits marriage at age 14 with parental and village consent. Marriage at such young ages was not common.

Sexual Exploitation of Children: The minimum age for consensual sex is 15 years. The maximum penalty for sexual relations with a girl younger than age 13 is life imprisonment, and for sexual relations with a girl age 13 to 15, the penalty is 15 years’ imprisonment. Consent is not a permissible defense under these provisions; however, in the latter case, reasonable belief the victim was age 16 or older is a permissible defense. Selling or hiring minors younger than age 15 and between 15 and 18 for prostitution is punishable as a criminal offense. There were reports of workers in logging camps sexually exploiting girls as young as age 12, but in most cases official charges were not filed.

Child pornography is illegal and carries a maximum penalty of 10 years’ imprisonment. The law criminalizes the commercial sexual exploitation of children and participation in or use, distribution, or storing of sexually exploitative materials involving children. Girls and boys were exploited in prostitution and sexual servitude. Trafficking of children carries a maximum sentence of 25 years’ imprisonment.

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

The Jewish community was very small, and there were no reports of anti-Semitic acts.

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

No law or national policy prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities, and no legislation mandates access to buildings, information, or communications for such individuals. Very few buildings were accessible to persons with disabilities. In 2018 parliament passed measures that require electoral officials to provide special accommodation for voters with disabilities.

The country had one separate educational facility, supported almost entirely by the International Committee of the Red Cross, for children with disabilities. Children with physical disabilities could attend mainstream schools, but inaccessible facilities and a lack of resources often made it difficult for them to access education. No law requires reasonable accommodations in the workplace, and high unemployment nationwide made it difficult for persons with disabilities to find work, particularly in rural areas.

There were very limited government facilities or services for persons with mental disabilities.

The country has more than 27 major islands with approximately 70 language groups. Many islanders saw themselves first as members of a clan, next as inhabitants of their natal island, and only third as citizens of the nation. Tensions and resentment between the Guadalcanalese and the Malaitans on Guadalcanal culminated in violence beginning in 1998. Underlying problems between the two groups remained, including issues related to jobs and land rights.

“Sodomy” is illegal, as are “indecent practices between persons of the same sex.” The maximum penalty for the former is 14 years’ imprisonment and for the latter five years. There were no reports of arrests or prosecutions directed at lesbian, gay, bisexual, transgender, or intersex persons under these provisions during the year, and authorities generally did not enforce these laws.

There are no specific antidiscrimination laws based on sexual orientation and gender identity. There were no reports of violence or discrimination against persons based on sexual orientation or gender identity, although stigma may hinder some from reporting.

Sorcery-related violence was reported in 2018. Such violence typically targeted the most vulnerable persons: young women, widows without male sons, and the elderly.

In 2018 then prime minister Houenipwela launched the second phase of the UN Peacebuilding Project aimed at consolidating peace, stability, and social cohesion. With support from the UN Peacebuilding Project, the government hosted stakeholder dialogues targeting women and youth as key agents for peacebuilding efforts.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination but does not specifically provide for reinstatement of workers fired for trade union activity. The law permits strikes in both the public and private sectors. A notice to the government 28 days prior to a strike is required for strikes to be legal. The government has discretionary power in relation to cancelation and suspension of registration of unions, a power which can take effect even in the case of judicial review.

The government prohibits strikes by civil servants in essential services, but there are procedures in place to provide these workers due process and protect their rights. The government defines essential services as including, but not limited to, the health, public security, aviation, marine, immigration, and disaster-relief sectors. The law does not provide for the rights of workers in the informal sector to organize or to collective bargaining. In addition the law places limits on the rights of workers to act as union representatives based on age, literacy, criminal record, and membership in more than one union.

Government enforcement of the law was inconsistent; the small penalties were not sufficient to deter violations. The penalty for antiunion discrimination was not effective, for example, because employers could afford to pay the fine and easily replace workers. Penalties for illegal strikes, on the other hand, served as a deterrent for employees to strike.

Collective bargaining agreements determined wages and conditions of employment in the formal economy. Disputes between labor and management not settled between the two sides were referred to the Trade Disputes Panel for arbitration, either before or during a strike. While the panel deliberates, employees have protection from arbitrary dismissal or lockout. The three-member panel, composed of a chairperson appointed by the judiciary, a labor representative, and a business representative, is independent and neutral. The panel’s decisions are binding on the parties. Administrative and judicial procedures were not subject to lengthy delays or appeals.

Workers exercised their rights to associate and bargain collectively, although employers did not always respect these rights. Since only a small percentage of the workforce was in formal-sector employment, employers could easily replace workers if disputes were not resolved quickly.

In 2018 the Solomon Islands Nurses Association issued a strike notice to the government for not honoring a 2008 agreement to improve working conditions. The government agreed to review the agreement, and the union withdrew the strike notice. In February nurses threatened to strike again after the government failed to honor the understanding from 2018.

The Workers Union of Solomon Islands actively negotiated with private employers during the year.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor, except as part of a court sentence or order. The government did not effectively enforce the law. The immigration act prohibits transnational forced labor, and the penalties are sufficient to deter violations. Penalties for forced labor which is not transnational are sufficient to deter violations.

The government typically relied on labor inspectors to report on any instances of forced or compulsory labor during regularly scheduled routine inspections; however, there were not enough inspectors or resources to enforce the laws effectively. The government continued its efforts to monitor and investigate operations at logging companies, although it did not initiate any prosecutions.

There were reports of children and adults forced to work in logging camps and of children in domestic servitude or service industries. Local and foreign fishermen reported situations indicative of labor trafficking, including nonpayment of wages, severe living conditions, violence, and limited food supply on Taiwan-flagged fishing vessels in the country’s territorial waters and ports.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits labor by children younger than age 12, except light agricultural or domestic work performed in the company of parents, or other labor approved by the commissioner of labor. Children younger than age 18 may not work at night in any industry without specific written permission from the labor commissioner. Girls younger than age 18 may not work on a ship or underground in mines; boys may work on a ship or underground in a mine if they are at least 16 years old, provided they have a medical certificate attesting they are fit for such work. The law bars children younger than age 15 from work in industry or on ships, except aboard training ships for educational purposes. The law does not limit the number of hours a child can work, nor does it clearly set forth a minimum age for hazardous work or delineate the type of work considered hazardous for all children. Not all of the worst forms of child labor are prohibited. The law does not specifically outlaw the use, procuring, or offering of a child younger than age 18 for the production and trafficking of drugs.

The commissioner of labor is responsible for enforcing child labor laws, but the resources devoted to investigating child labor cases were inadequate to investigate or deter violations. The law provides for penalties that are insufficient to deter violations.

Children worked in agriculture, fishing, alluvia mining, as domestic servants, cooks, and in logging camps where conditions often were poor. For example, young girls worked long hours and in isolation as domestic workers in mining camps. In some cases these conditions could amount to forced labor (see section 7.b.). There were reports of commercial sexual exploitation of children (see section 6, Children). Children also assisted in cultivating, distributing, and selling local drugs such as betel nut or marijuana. They were at risk of physical abuse, mental illness, addiction, sexual abuse, and robbery.

According to the Solomon Islands Demographic and Health Survey, 2 percent of children age five to 11 years and 12 percent of children age 12 to 14 were engaged in paid labor. Paid child labor was more common among female children in urban areas and all children living in rural areas.

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

d. Discrimination with Respect to Employment and Occupation

No laws prohibit discrimination in employment and occupation. By regulation public service officers should ensure their workplace is “free from harassment, including sexual harassment.” Discrimination in employment and occupation occurred on grounds of gender, disability, language, sexual orientation and gender identity, and HIV-positive status.

Women experienced discrimination especially in the attainment of managerial positions. Employed women were predominantly engaged in low-paying and low-skilled jobs. A significant gender gap exists in senior positions. For example, women dominated the lower administrative level on the public-service workforce, but very few women held senior management positions. A shortage of jobs compounded the limited entry and advancement opportunities for women in the workforce. A program, “Waka Mere” (She Works), funded and implemented by the International Finance Corporation, Australia, and New Zealand, worked with businesses to promote gender equality in the private sector.

e. Acceptable Conditions of Work

In August the minimum wage was increased and is above the poverty level. The proportion of the population living below the food poverty line was 4.4 percent. The standard workweek is 45 hours and is limited to six days per week.

Occupational safety and health laws require employers to provide a safe working environment and forbid retribution against any employee who seeks protection under labor regulations. These laws are current and appropriate for main industries. Laws on working conditions and safety standards apply equally to foreign workers and citizens. Penalties are sufficient to deter violations. Some workers could not remove themselves from situations that endangered their health or safety, particularly in the fishing and logging industries, without jeopardy to their employment.

The commissioner of labor in the Ministry of Commerce, Industry, Labor and Immigration, the public prosecutor, and police are responsible for enforcing labor laws; however, they usually reacted to complaints rather than routinely monitoring adherence to the law. The government did not effectively enforce labor laws. The government’s minimal human and financial resources limited its ability to enforce the law in smaller establishments, the informal economy, and the subsistence sector. The number of labor inspectors was, moreover, insufficient to monitor labor practices routinely, particularly in extractive sectors outside of the capital. An active labor movement and an independent judiciary, however, helped provide effective oversight of labor law enforcement in major state and private enterprises. The law does not specify penalties for violations, significantly weakening effective enforcement.

Workers in the logging, construction, and manufacturing industries were subject to hazardous and exploitative work. Accidents were largely due to negligence or failure to adhere to safety practices by employees and employers.

a. Freedom of Expression, Including for the Press

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

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction, although some self-censorship occurred.

Censorship or Content Restrictions: Media outlets reported on political developments and high-profile court cases, but privately owned media exercised self-censorship regarding high-profile individuals. The board of state-owned Tonga Broadcasting Commission (TBC) directed that board-appointed censors review all TBC programming prior to broadcast.

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

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

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.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection to refugees, asylum seekers, stateless persons, or other persons of concern.

Access to Asylum: The law does not provide for the formal granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The principal immigration officer has wide discretionary powers under immigration laws and may allow noncitizens to remain in the country, including on humanitarian grounds.

Not applicable.

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

Recent Elections: The country held its most recent election in November 2017 after the king dissolved parliament. International observers deemed the parliamentary election to be generally free and fair. Samuela ‘Akilisi Pohiva was re-elected as prime minister in December 2017. After Pohiva’s death in September, the Legislative Assembly elected Pohiva Tu’i’onetoa prime minister.

Parliament has 26 elected members. Of these, citizens directly elect 17, and the 33 hereditary nobles elect nine of their peers. Parliament elects the prime minister, who appoints the cabinet. The prime minister may select up to four cabinet members from outside parliament. The law accords these cabinet members parliamentary seats for the duration of their tenure in the cabinet.

The king retains significant powers, such as to withhold his assent to laws (with no possibility of parliamentary override) and to dissolve parliament.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process, and they did participate. A variety of institutional and cultural factors kept women’s representation low. Among these were the reservation of nine seats in parliament for nobles, all of whom are men; continuing male domination of informal local government systems, which deny women “entry-level” positions in politics; and cultural attitudes across the population about women’s proper roles and competence. The rate of registration to vote among women is the same as the rate among men, and women have the same legal rights to run for election. Voters elected two women to parliament in the November 2017 election, and several women were elected to local offices in 2016, suggesting incremental change. A woman may become queen, but the constitution forbids women from inheriting hereditary noble titles or becoming chiefs.

There were no members of minority ethnic groups in the government or parliament.

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

Corruption: In September the Attorney General’s Office submitted a proposal for a joint trial of former prime minister Lord Tu’ivakano, arrested in March 2018, and two others on charges including passport offenses, money laundering, and bribery in connection with the issuance of a passport to a Chinese national and possibly other matters. The defense opposed the submission by the Attorney General’s Office to include all charges in one trial. The case was pending as of year’s end.

The Office of the Auditor General reports directly to the Legislative Assembly with the aim to enhance accountability and transparency in all government activities and improve public-sector performance. The Office of the Ombudsman is empowered to investigate official corruption. Both entities actively collaborated with other government agencies but were not considered by civil society groups to be independent of political control, operationally efficient, or sufficiently resourced.

Financial Disclosure: No law requires income and asset disclosure by appointed or elected officials.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views. The Office of the Ombudsman oversees the rights of every citizen in the country, including members of the public service and vulnerable members of society such as women, children, prisoners, and persons with disabilities.

Rape and Domestic Violence: Rape is punishable by a maximum of 15 years in prison. The law recognizes spousal rape. The law makes domestic violence a crime punishable by a maximum of 12 months in prison, a fine of Tongan pa’anga (TOP) 2,000 ($860), or both. Repeat offenders face a maximum of three years in prison or a maximum fine of TOP 10,000 ($4,300). The law provides for protection from domestic violence, including protection orders; clarifies the duties of police; and promotes the health, safety, and well-being of domestic-violence victims.

Police investigated reported rape cases, and the government prosecuted these cases under the law. In February, for example, two male teenagers were sentenced to seven and eight years, respectively, for raping a woman. The police domestic-violence unit has a “no-drop” policy in complaints of domestic assault, and once filed, domestic-violence cases cannot be withdrawn and must proceed to prosecution in the magistrates’ courts. The Ministry of Police, local communities, churches, youth groups, other nongovernment organizations (NGOs), and the Women and Children Crisis Center (WCCC) have conducted more than 12 training programs for government agencies and civil society groups on issues such as human rights, child abuse, sexual harassment, violence against women, and domestic violence.

As of June, 95 percent of the total cases received by the WCCC in 2019 were victims of domestic violence. Police worked with the National Center for Women and Children as well as with the WCCC to provide shelter for abused women and girls and boys younger than 14 years. Both centers operated a safe house for victims. The WCCC reported a decline in sexual abuse cases involving teenagers ages 14 to 16.

Sexual Harassment: Sexual harassment is not a crime under the law, but physical sexual assault can be prosecuted as indecent assault. Complaints received by the police domestic-violence unit indicated that sexual harassment of women is a common problem.

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

Discrimination: Inheritance laws, especially those concerned with land, discriminate against women. Women can lease land, but inheritance rights pass through male heirs only; a male child born out of wedlock has precedence over the deceased’s widow or daughter. If there are no male relatives, a widow is entitled to remain on her husband’s land as long as she does not remarry and remains celibate. The inheritance and land rights laws also reduced women’s ability to access credit and to own and operate businesses.

Discrimination against women with respect to employment and wages occurred (see section 7.d.).

Birth Registration: Individuals acquire citizenship at birth automatically if at least one parent is a citizen. Birth in the country per se does not confer citizenship.

Education: Education to age 18 is compulsory but not, by law, free. There is a policy, however, that provides free education to all children between the ages of six and 14.

Child Abuse: There are laws against child abuse. If a case is reported to police, the child is removed from the parents or guardians and placed in the care of either the WCCC or the National Center for Women and Children while police investigate. The WCCC implemented a variety of child-abuse awareness programs at schools from primary to tertiary levels.

Early and Forced Marriage: The legal minimum age for marriage is 15 years. According to NGOs, child marriages were a result of several factors, including parental pressure, teenage pregnancy, or forced marriage to rapists.

Sexual Exploitation of Children: The minimum age for consensual sex is 15. Violators who sexually abuse children may be charged with “carnal knowledge of a child under age 12,” which carries a maximum penalty of life in prison, or “carnal knowledge of a child under 15,” which carries a maximum penalty of five years in prison. There were anecdotal reports of Tongan children being subjected to sex trafficking. The law prohibits the procurement of women and girls younger than age 21 for commercial sexual exploitation but does not criminalize the procurement of boys for the same. The law also prohibits child pornography with penalties of a maximum fine of TOP 100,000 ($43,000) or a maximum of 10 years in prison for individuals and a maximum fine of TOP 250,000 ($108,000) for corporations; however, the use of children younger than age 14 in the production of pornography is not criminally prohibited.

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

There was no known resident Jewish community, and there were no reports of anti-Semitic acts.

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

The constitution broadly prohibits discrimination based on disability, but no laws specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. There were no legally mandated services or government programs for adults with disabilities, including for building accessibility or access to communications and information.

A Ministry of Education and Training program to bring children with disabilities into primary schools continued during the year. Many school buildings, however, were not accessible to students with physical disabilities, and attendance rates of children with disabilities at all educational levels were lower than those of students without disabilities.

As of September the National Council on Disability and the Ministry of Internal Affairs had implemented a program to provide financial assistance to disabled individuals. The Ministry provides 1,043 qualifying persons TOP 75 ($32) monthly.

The law restricts ownership and operation of retail food stores to citizens. Ethnic Chinese who are naturalized Tongan citizens dominated the retail sector in many towns. There were reports of crime and societal discrimination directed at members of the Chinese minority, but the government appropriately investigated and prosecuted reported offenses.

Sodomy is listed as a crime with a maximum penalty of 10 years in prison, but there were no reports of prosecutions under this provision for consensual sexual conduct between adults. No law specifically prohibits discrimination based on sexual orientation or gender identity or addresses hate crimes. No criminal-justice mechanisms exist to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, or intersex individuals. Society accepted a subculture of transgender dress and behavior, and a prominent NGO’s annual festival highlighted transgender identities. Social stigma or intimidation may have prevented reporting of incidents of violence or discrimination.

There were no reports of discrimination or violence against persons based on HIV/AIDS status, but social stigma or intimidation may have prevented reporting of incidents of discrimination or violence.

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 incur criminal fines, which are not sufficient to deter violations. 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.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor. The government effectively enforced the law. Penalties are sufficient to deter violations. No data was available on government efforts specifically to address forced labor. There were unconfirmed, anecdotal reports of forced labor among women and children in domestic service (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

No legislation prohibits child labor or specifies a minimum age for employment. There were no reports that child labor existed in the formal wage economy. According to the National Center for Women and Children and other NGOs, some school-age children worked in the informal sector in traditional family activities such as subsistence farming and fishing.

The law does not meet the international standard for the prohibition of child trafficking because it does not specifically prohibit the domestic trafficking of children, nor does it criminally prohibit forced labor, debt bondage, and slavery, unless they involve transnational human trafficking.

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

d. Discrimination with Respect to Employment and Occupation

The law does not prohibit discrimination based on any particular personal characteristic, feature, or group affiliation. Discrimination against women in employment and wages occurred. Women participated in the work force at a lower rate than men, were generally employed in lower-skilled jobs, and earned measurably less than men earn.

e. Acceptable Conditions of Work

There is no minimum wage, but the Ministry of Commerce, Consumer, Trade, Innovation, and Labor sets wage-level guidelines. The law stipulates occupational health and safety standards for each sector, such as fisheries and agriculture. These standards are current and appropriate for main industries, and penalties for violating them were sufficient to deter violations. The government did not effectively enforce the law. Workers can remove themselves from situations that endanger health or safety without jeopardizing their employment.

The law does not provide for overtime pay for a workweek of more than 40 hours, but some employers, including some government offices, did pay their workers overtime.

Enforcement of regulations was inconsistent. The Ministry of Commerce, Consumer, Trade, Innovation, and Labor sought to enforce these standards in all sectors, including the informal economy; however, there were an insufficient number of inspectors. Penalties for violations took the form of monetary fines, which were adequate to deter violations.

Few industries exposed workers to significant danger.

a. Freedom of Expression, Including for the Press

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

Press and Media, Including Online Media: Although there were no government restrictions, the government’s Media Department controlled the country’s sole radio station. There were no local private, independent media to express a variety of views.

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

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

b. Freedoms of Peaceful Assembly and Association

Although the law provides for the freedoms of peaceful assembly and association, the government allowed island chiefs to place restrictions on the 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 (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

The law provides for freedom of association, and the government generally respected it.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, but the government has not established a system for providing protection to refugees. There were no reported applications for asylum or refugee status during the year.

Not applicable.

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

Recent Elections: The parliamentary election held on September 9 was generally considered free and fair, with seven new members elected to the 16-member parliament. Following the election, parliament selected Kausea Natano as prime minister.

Political Parties and Political Participation: There were no formal political parties. Parliament tended to divide itself between an ad hoc faction with at least the minimum votes required to form a government and an informal opposition faction.

Participation of Women and Minorities: No law limits participation of women in the political process, and they did participate. Nonetheless, participation by women in government and politics was limited. The 16-member parliament included one woman, who was also a cabinet minister. Women held a subordinate societal position, largely due to traditional perceptions of women’s role in society. There were no members of minorities in parliament or the cabinet.

The law provides criminal penalties for some forms of corruption by officials such as theft, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

The Office of the Attorney General, police force, ombudsperson, auditor general, Public Service Commission, and the Central Procurement Unit were responsible for the government’s anticorruption efforts.

Financial Disclosure: The law requires income and asset disclosure by “leaders,” a term covering public servants and politicians. Enforcement of the code was weak.

No nongovernmental organizations (NGOs) focused entirely on human rights, although no known barriers exist to the establishment of human rights groups. Some NGOs that included human rights in their agenda, such as the Tuvalu National Council of Women, operated under the auspices of the Tuvalu Association of NGOs, composed primarily of faith-based organizations. Organizations involved in human rights issues generally operated without government restriction, investigating and publishing their findings on human rights cases. Nonetheless, the lack of local print and electronic media limited opportunities to publicize such information locally. Government officials were somewhat cooperative and responsive to local organizations’ views.

Government Human Rights Bodies: The Office of the Ombudsman includes a national human rights institution, to promote and protect human rights in the country.

Rape and Domestic Violence: Rape is punishable by a minimum sentence of five years’ imprisonment, but spousal rape is not included in the legal definition of this offense. The law recognizes domestic violence as a criminal offense. Under the law domestic violence offenses are punishable by a maximum five years’ imprisonment or a maximum fine of Australian dollars (AUD) 1,000 ($680), or both. Under the assault provisions of the penal code, the maximum penalty for common assault is six months’ imprisonment, and for assault with actual bodily harm, five years.

Police have a Domestic Violence Unit, employ a “no-drop” evidence-based prosecution policy in cases of violence against women, and operate a 24-hour emergency telephone line for victims of domestic violence. The law recognizes the existence of domestic violence and gives police explicit powers to intervene in violent circumstances, including the power to enter private property and order a person who has committed an act of domestic violence to vacate property, whether or not that individual has rights to that property, if another person at risk of further violence occupies it. The Women’s Crisis Center provided counseling services, but there were no shelters for abused women. Cases of rape and domestic violence often went unreported due to lack of awareness of women’s rights and traditional and cultural pressures on victims, although the Attorney General’s Office and police conducted nationwide awareness campaigns.

Sexual Harassment: The law does not specifically prohibit sexual harassment but prohibits indecent behavior, including lewd touching. The Tuvalu Study on People with Disability report, released by the government in 2018, found that women with disabilities were subject to abuse and harassment, including sexual abuse.

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

Discrimination: Aspects of the law contribute to an unequal status for women, for example in land inheritance and child custody rights. No law prevents employment discrimination based on gender or requires equal pay for equal work, and such discrimination occurred. Nonetheless, women increasingly held positions in the health and education sectors and headed a number of NGOs.

Birth Registration: A child derives citizenship at birth, whether born in the country or abroad, if either parent is a citizen. The law requires registration of births within 10 days, a practice generally observed.

Education: Education is compulsory until age 15. No law specifically mandates free basic education, but government policy generally provides free basic education for all.

Child Abuse: The government does not collect or publish data on child abuse, and there were no reports of child abuse during the year. Anecdotal evidence, however, indicated child abuse occurred. The law prohibits corporal punishment.

Early and Forced Marriage: The legal minimum age of marriage for both girls and boys is 18.

Sexual Exploitation of Children: The age of consent for sexual relations is 15. Sexual relations with a girl younger than 13 carries a maximum punishment of life imprisonment. Sexual relations with a girl older than 12 but younger than 15 carries a maximum penalty of five years’ imprisonment; however, no law prohibits the use, procurement, or offering of boys from age 15 through 17 for sex. The victim’s consent is irrelevant under both these provisions; however, in the latter case, reasonable belief the victim was 15 or older is a permissible defense. No provision of law pertains specifically to child pornography, although the penal code prohibits obscene publications in general. Although child trafficking is prohibited, the law prescribes a harsher punishment for the trafficking of adults than of children.

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

There was no known Jewish community, and there were no reports of anti-Semitic acts.

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

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Government services to address the specific needs of persons with disabilities were very limited. There were no mandated building accessibility provisions for persons with disabilities. Persons with disabilities had limited access to information and communications, including participation in civic life.

A 2018 government report found that abuse and discrimination against persons with disabilities was prevalent, and women with disabilities were particularly vulnerable to abuse. There were no reports of investigations or punishment by the government for violence and abuses against persons with disabilities, but societal norms may limit the reporting of such incidents particularly against women and girls with disabilities.

Children with disabilities reportedly had lower school attendance rates at all levels than other children. Some students with disabilities attended public primary schools both in Funafuti and in the outer islands. Parents decide which school a child with disabilities attends after consultation with an adviser from the Fusi Alofa Association, a disabilities-focused NGO.

The law prohibits sexual conduct between men, with penalties of seven to 15 years’ imprisonment, but there were no reports the government enforced these provisions of the law. The law does not specifically prohibit discrimination based on sexual orientation or gender identity. There are no hate crime laws, nor are there criminal justice mechanisms to aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, and intersex community. There were no reports of violence against persons based on sexual orientation or gender identity, but social stigma or intimidation may inhibit reporting of such discrimination or violence.

Persons with HIV/AIDS faced some societal and employment discrimination. The government and NGOs cooperated to inform the public regarding HIV/AIDS and to counter discrimination.

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. By law employers who violate laws on freedom of association and the right to collective bargaining are liable to a maximum fine of AUD 5,000 ($3,390). These penalties were adequate to deter violations. 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.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Anyone who exacts, procures, or employs forced or compulsory labor is liable to up to 10 years’ imprisonment. There were no reports of forced labor during the year.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children except in light work and of children younger than age 18 in hazardous work. The government has not specified the types of hazardous work prohibited for children; previous provisions only applied to a male person younger than age 18 in the industrial, mining, and fishing sectors. The worst forms of child labor are prohibited, including the sale or trafficking of children; engagement in activities connected to armed conflict; prostitution; and use, procuring, or offering of a child for the production of pornography or pornographic performances or trafficking of illegal drugs.

The government did not have sufficient resources to monitor or enforce child labor laws and depended instead on communities to report offenses.

Anyone convicted of violating the law on the employment of children is liable to up to 10 years’ imprisonment. Children rarely engaged in formal employment but did work in subsistence fishing. The government does not collect or publish data on child labor.

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

Labor laws and regulations do not prohibit discrimination based on race, color, sex, religion, political opinion, national origin, age, disability, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status, and these persons sometimes experienced discriminatory practices. There were no reports during the year of discrimination in employment and wages. In the wage economy, men held most higher-paying positions. Nonetheless, women increasingly held senior positions in government, particularly in the health and education sectors. Few women could access credit to start businesses. Local agents of foreign companies that hired local seafarers to work abroad also barred persons with HIV/AIDS from employment.

e. Acceptable Conditions of Work

The law provides for the government to set a minimum wage, but the Department of Labor had not done so.

The law sets the workday at eight hours, and the Department of Labor may specify the days and hours of work for workers in various industries. Although the law provides for premium pay and overtime work, there are no established premium overtime rates or maximum hours of work. The law provides for rudimentary health and safety standards and requires employers to provide adequate potable water, basic sanitary facilities, and medical care. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations.

Enforcement of standards in all sectors, including the informal economy, was inconsistent. By law penalties for violations of laws related to acceptable conditions of work are liable to a maximum fine of AUD 5,000 ($3,390). These penalties were adequate to deter violations. The Department of Labor is responsible for enforcing wage, hour, health, and safety regulations, but it did not have sufficient resources or inspectors to formally and regularly conduct workplace inspections; inspectors did follow-up when the Labor Department received complaints.

Approximately 75 percent of the working-age population lacked permanent, formal employment and worked in the informal and subsistence economy. There was no system for reporting and publishing workplace injuries or deaths.