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Fiji

Executive Summary

Fiji is a constitutional republic. In November 2018 the country held general elections, which international observers deemed free, transparent, and credible. Josaia Voreqe (Frank) Bainimarama’s Fiji First party won 27 of 51 seats in parliament, and he began a second four-year term as prime minister.

The Fiji Police Force maintains internal security. The Republic of Fiji Military Force (RFMF) is responsible for external security but may also have some domestic-security responsibilities in specific circumstances. Both report to the Ministry of Defense and National Security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: restrictions on free expression, such as substantial interference with the right of peaceful assembly; and trafficking in persons.

The government investigated some security-force officials who committed abuses and prosecuted or punished officials who committed abuses elsewhere in the government; however, impunity was a problem in cases with political implications.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, 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.

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.

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.

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.

Section 3. Freedom to Participate in the Political Process

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.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials 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.

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

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

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.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides all workers the 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.

Kiribati

Executive Summary

Kiribati is a constitutional multiparty republic. The president exercises executive authority. Following legislative elections, the House of Assembly nominates at least three and no more than four presidential candidates from among its members, and the public then elects the president for a four-year term. Citizens elected Taneti Maamau president in March 2016. Observers considered the election free and fair. Observers considered the two-stage parliamentary elections held in December 2015 and January 2016 to be free and fair.

The Police and Prisons Service, under the Ministry of Justice, maintains internal security. The country has no military force. Civilian authorities maintained effective control over the police.

Significant human rights issues included: corruption; criminalization of consensual sexual activity between men, although the law was not enforced; and child labor.

The government took steps to investigate officials who committed human rights abuses, and impunity was not a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but 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.

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, 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.

Micronesia

Executive Summary

The Federated States of Micronesia is a constitutional republic composed of four states: Chuuk, Kosrae, Pohnpei, and Yap. Individual states enjoy significant autonomy, and their traditional leaders retain considerable influence, especially in Pohnpei and Yap. On March 5, national elections were held for the 14-seat unicameral Congress; 10 were elected in single-seat constituencies to two-year terms, and four (one per state) to four-year terms. Following the election, the Congress selected the new president, David W. Panuelo. Observers considered the election generally free and fair, and the transfer of power was uneventful.

The national police are responsible for enforcing national laws, and the Department of Justice oversees them. The four state police forces are responsible for law enforcement in their respective states and are under the control of the director of public safety for each state. Civilian authorities maintained effective control over national and state police forces.

Significant human rights issues included corruption in the government.

The government sometimes took steps to punish officials, but impunity was a problem, particularly for corruption.

Section 2. Respect for Civil Liberties, Including:

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.

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for 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.

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

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.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Although the law 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.

Nauru

Executive Summary

Nauru is a constitutional republic. International observers deemed the August 24 parliamentary election to be generally free and fair. Parliament elected Lionel Aingimea, a former human rights lawyer and second-term member of parliament, as president.

The police force, under the Minister for Police and Emergency Services, maintains internal security and, as necessary, external security. The country has no military force. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included censorship and criminal libel laws, although there were no such cases during the year.

There were no reports that government officials committed egregious human rights abuses, and impunity was not a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of 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.

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for 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.

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

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.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent 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.

Palau

Executive Summary

Palau is a constitutional republic with the national government consisting of executive, legislative, and judicial branches that are independent of each other. Voters elect the president, vice president, and members of the legislature for four-year terms. In 2016 voters re-elected President Tommy E. Remengesau Jr. for a four-year term in a generally free and fair election.

The national police and marine police are responsible for law enforcement and maintenance of order; both report to the Ministry of Justice. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights issues.

The government took steps to investigate and prosecute officials who committed abuses such as corruption.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, 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.

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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.

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of all 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.

Samoa

Executive Summary

Samoa is a constitutional parliamentary democracy that incorporates traditional practices into its governmental system. Although the unicameral parliament is elected by universal suffrage, only matai (heads of extended families) may be members. In 2016 voters elected a new parliament, confirming Prime Minister Tuilaepa Sailele Malielegaoi in office. The elections were free and fair on the day, but the matai requirement and the questionable disqualification of candidates caused some observers to question the fairness of the outcome.

The national police, under the Ministry of Police, maintain internal security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: arbitrary or unlawful interference with privacy at the village government level; criminal libel laws; laws criminalizing consensual same-sex sexual conduct between adults, although the law was not enforced; and forced child labor.

The government took steps to prosecute officials who committed abuses. There were no reports of impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, 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.

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law protects the rights of workers to form and join independent unions, 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.

Solomon Islands

Executive Summary

Solomon Islands is a constitutional multiparty parliamentary democracy. Observers considered the April 3 parliamentary election generally free and fair, although there were incidents of vote buying. Parliament elected Manasseh Sogavare prime minister after the election, and he formed a coalition government.

The Royal Solomon Islands Police (RSIP) is responsible for internal and external security and reports to the Ministry of Police, National Security, and Correctional Services; Australia and New Zealand support the RSIP. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: pervasive government corruption; laws criminalizing same-sex sexual conduct between adults, although the law was not enforced; and child labor.

The government took steps to prosecute officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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.

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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.

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

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

Government Human Rights Bodies: The 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.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions, 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.

Tonga

Executive Summary

The Kingdom of Tonga is a constitutional monarchy. The Legislative Assembly, a parliamentary body consisting of 17 popularly elected members and nine nobles selected by their peers, elects the prime minister. Following the November 2017 election, which international observers characterized as generally free and fair, Prime Minister Samuela ‘Akilisi Pohiva was returned to office for a second term. After Pohiva’s death in September, the Legislative Assembly elected Pohiva Tu’i’onetoa to replace him. While Tu’i’onetoa and his cabinet are responsible for most government functions, King Tupou VI, the nobility, and their representatives retain significant authority.

The Tonga Police Force maintains internal security and reports to the Ministry of Police and Fire Services. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: corruption; and a law criminalizing consensual same-sex sexual conduct between adults that remains on the books although it is not enforced.

The government took steps to prosecute officials who committed abuses. There was one case of torture, which the government took steps to address.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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.

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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for 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.

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right 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.

Tuvalu

Executive Summary

Tuvalu is a constitutional parliamentary democracy. Observers judged that parliamentary elections held September 9 were free and fair, with seven new members elected to the 16-member parliament. There are no formal political parties. Following the elections, parliament selected Kausea Natano as prime minister.

The national police service, under the Office of the Prime Minister, maintains internal security. The country has no military force. Civilian authorities maintained effective control over the security forces.

Significant human rights abuses included laws criminalizing sexual activities between men, although the law was not enforced.

The government took steps to investigate human rights abuses, and impunity was not a problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, 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.

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.

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Access to Asylum: The law 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.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for 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.

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

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.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of 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 .

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.

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