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Afghanistan

Executive Summary

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

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

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

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

f. Protection of Refugees

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

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

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

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

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

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

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

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

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

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views. Human rights activists continued to express concern that human rights abusers remained in positions of power within the government.

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

d. Discrimination with Respect to Employment and Occupation

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

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

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

e. Acceptable Conditions of Work

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

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

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

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

Bangladesh

Executive Summary

Bangladesh’s constitution provides for a parliamentary form of government in which most power resides in the Office of the Prime Minister. Sheikh Hasina and her Awami League (AL) party won a third consecutive five-year term, keeping her in office as prime minister, in an improbably lopsided December 2018 parliamentary election that was not considered free and fair and was marred by reported irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters. During the campaign there were credible reports of harassment, intimidation, arbitrary arrests, and violence that made it difficult for many opposition candidates and their supporters to meet, hold rallies, and campaign freely. International election monitors were not issued accreditation and visas within the timeframe necessary to conduct a credible international monitoring mission, and only seven of the 22 Election Working Group nongovernmental organizations (NGOs) were approved to conduct domestic election observation.

The security forces encompassing the national police, border guards, and counterterrorism units such as the Rapid Action Battalion (RAB) maintain internal and border security. The military, primarily the army, is responsible for national defense but also has some domestic security responsibilities. The security forces report to the Ministry of Home Affairs and the military reports to the Ministry of Defense. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings; forced disappearance; torture; arbitrary or unlawful detentions by the government or on its behalf; harsh and life-threatening prison conditions; arbitrary or unlawful interference with privacy; arbitrary arrests of journalists and human rights activists, censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive NGO laws and restrictions on the activities of NGOs; significant restrictions on freedom of movement; restrictions on political participation, where elections were not found to be genuine, free, or fair; significant acts of corruption; criminal violence against women and girls; trafficking in persons; crimes involving violence or threats of violence targeting indigenous people; crimes involving violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and criminalization of same-sex sexual conduct; restrictions on independent trade unions and workers’ rights; and the use of the worst forms of child labor.

There were reports of widespread impunity for security force abuses. The government took few measures to investigate and prosecute cases of abuse and killing by security forces.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, but the government sometimes failed to respect this right. There were significant limitations on freedom of speech. Some journalists self-censored their criticisms of the government due to harassment and fear of reprisal.

Freedom of Expression: The constitution equates criticism of the constitution with sedition. Punishment for sedition ranges from three years’ to life imprisonment.

The law limits hate speech but does not define clearly what constitutes hate speech, which permits the government broad powers of interpretation. The government may restrict speech deemed to be against the security of the state; against friendly relations with foreign states; and against public order, decency, or morality; or that constitutes contempt of court, defamation, or incitement to an offense. The 2016 Foreign Donation (Voluntary Activities) Regulation Act criminalizes any criticism of constitutional bodies. The 2006 Information and Communication Technology Act references defamation of individuals and organizations and was used to prosecute opposition figures and civil society.

The 2018 Digital Security Act (DSA), passed ostensibly to reduce cybercrimes, provides for sentences of up to 10 years’ imprisonment for spreading “propaganda” against the Bangladesh Liberation War, the national anthem, or the national flag. Human rights groups, journalists, media outlets, and political opposition parties denounced the DSA for suppressing freedom of expression and criminalizing free speech.

Press and Media, Including Online Media: Both print and online independent media were active and expressed a wide variety of views; however, media outlets that criticized the government experienced negative government pressure. In October the World Economic Forum found press freedom declined over the past year.

The government maintained editorial control over the country’s public television station and mandated private channels broadcast government content at no charge. Civil society organizations said political interference influenced the licensing process, since all television channel licenses granted by the government were for stations supporting the ruling party.

Violence and Harassment: Authorities, including intelligence services on some occasions, and student affiliates of the ruling party, subjected journalists to physical attack, harassment, and intimidation, especially when tied to the DSA. The DSA was viewed by human rights activists as a tool to intimidate journalists. The Editors’ Council, an association of newspaper editors, stated the DSA stifled investigative journalism. Individuals faced a threat of being arrested, held in pretrial detention, subjected to expensive criminal trials, fines, and imprisonment, as well as social stigma associated with having a criminal record.

On October 21, police arrested Munir Uddin Ahmed, a district correspondent of the newspaper New Nation and former general secretary of Khulna Press Club, in a case filed under the DSA for mistakenly posting on his Facebook a photograph of the Chittagong Metropolitan police commissioner instead of the Bhola superintendent of police. Although the court twice denied Ahmed’s bail, the Khulna Metropolitan Magistrate court rejected a police request to interrogate him. Observers commented police interrogation–known as remand–occasionally involved mistreatment of the detained. Ahmed remained in prison at year’s end.

Censorship or Content Restrictions: Independent journalists and media outlets alleged intelligence services influenced media outlets in part by withholding financially important government advertising and pressing private companies to withhold their advertising as well. The government penalized media that criticized it or carried messages of the political opposition’s activities and statements. Reporters without Border alleged media self-censorship was growing due to “endemic violence” against journalists and media outlets and the “almost systematic impunity enjoyed by those responsible.”

Privately owned newspapers, however, usually enjoyed freedom to carry diverse views. Political polarization and self-censorship remained a problem. Investigative journalists often complained of their management and editors “killing” reports for fear of pressure from the government and its intelligence agencies. Some journalists reportedly received threats after publishing their stories.

According to some journalists and human rights NGOs, journalists engaged in self-censorship due to fear of security force retribution and the possibility of being charged with politically motivated cases. Although public criticism of the government was common and vocal, some media figures expressed fear of harassment by the government.

On January 2, the newspaper Daily Star reported the government detained Khulna reporter Hedait Hossain Molla to investigate accusations he violated the DSA by reporting “false information” about the number of votes cast from Khulna during the 2018 general elections. Following the elections, Molla reported that official initial elections results showed the number of votes cast was higher than the number of eligible voters. A Khulna elections official later corrected the official vote tally, lowering the number of votes cast, but reporters had already published their stories. Molla was then arrested under the DSA for spreading false information. Although Molla was released on bail, he was obliged to appear regularly before the court, since the case remained active.

Journalists claimed the government penalized media that criticized the government or broadcast the opposition’s activities and statements. In April the government cancelled the publishing rights of Juger Chinta, a daily newspaper in Narayanganj. This move sparked a human chain protest in Narayanganj. Journalists claimed the government penalized Juger Chinta because it published reports criticizing the ruling party’s local member of parliament (MP).

Libel/Slander Laws: Libel, slander, defamation, and blasphemy are treated as criminal offenses, most commonly employed against individuals speaking against the government, the prime minister, or other government officials. The DSA provides for sentences of up to 10 years’ imprisonment for spreading “propaganda” against the Bangladesh Liberation War, the national anthem, or the national flag. As of July a total of 420 petitions requesting an investigation had been filed under the act with more than 80 individuals arrested.

In March law enforcement arrested Federation Internationale de Football Association (FIFA) Council member Mahfuza Khter Kiron for allegedly defaming the prime minister after saying on a television talk show that Prime Minister Hasina was neglecting football in the country in favor of cricket, maintaining a double standard rewarding the cricket team’s successes, but ignoring those of the football team. In April, Kiron was granted bail, but the charges against her were not dropped.

Nongovernmental Impact: Atheist, secular, and LGBTI writers and bloggers reported they continued to receive death threats from violent extremist organizations.

b. Freedoms of Peaceful Assembly and Association

The government limited or restricted freedoms of peaceful assembly and association.

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, except in two sensitive areas: the CHT and the Rohingya camps in Cox’s Bazar. The government enforced restrictions on access to the CHT by foreigners.

In-country Movement: The government is not a party to the 1951 Refugee Convention and the 1967 Protocol. As a result the government claims it is not bound under legal obligation to uphold the basic rights enshrined in this document.

The government did not recognize the new Rohingya arrivals as refugees, referring to them instead as “forcibly displaced Myanmar nationals.” In practice, however, the government abided by many of the established UN standards for refugees. One notable exception was that the Rohingya did not enjoy full freedom of movement throughout the country. While the refugees were able to move largely unrestricted in the Ukhia and Teknaf subdistricts, the government established checkpoints to prevent their movement outside this area.

Foreign Travel: Some senior civil society representatives reported harassment and delays at the airport when departing the country. The government prevented war crimes suspects from the 1971 independence war from leaving the country. The country’s passports are invalid for travel to Israel, according to government policy.

f. Protection of Refugees

Prior to the August 2017 Rohingya influx, the government and the UN High Commissioner for Refugees (UNHCR) provided temporary protection and basic assistance to approximately 33,000 registered Rohingya refugees from Burma living in two official camps (Kutupalong and Nayapara), while the government and the International Organization for Migration (IOM) provided assistance to approximately 200,000 undocumented Rohingya living in makeshift settlements in Cox’s Bazar. In August 2017 more than 700,000 Rohingya fled ethnic cleansing in neighboring Burma to seek safe haven in Bangladesh. As a result of this influx, approximately one million Rohingya refugees were living in refugee camps, makeshift settlements, and host communities. According to the United Nations, more than half of the population was younger than 18 years old. A National Task Force, established by the Ministry of Foreign Affairs, led the coordination of the overall Rohingya crisis. The Ministry of Disaster Management and Relief coordinated the Rohingya response with support from the Bangladesh Army and Border Guard Bangladesh. At the local level, the Refugee, Relief and Repatriation Commissioner provided coordination.

The government temporarily deployed the military to Cox’s Bazar District in the fall of 2017 to streamline relief activities and to assist in registration of Rohingya in coordination with the civilian administration. In response to growing security concerns, the military again became more active in the refugee camps. In September the Ministry of Home Affairs announced the army would begin taking over security tasks the police and other law enforcement agencies had held since 2017. In the same month, the government introduced restrictions on telecommunication services in Cox’s Bazar. This move limited access to mobile and internet service in and around camps and hampered emergency response and coordination of life-saving services, including the Protection Hotline for reporting incidents of violence or abuse.

Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to Rohingya refugees. As of August the IOM identified 96 Rohingya trafficking victims from the camps, the overwhelming majority for labor exploitation. While the majority of the victims were women and girls, there were indications many Rohingya men and boys did not self-identify, nor did they seek services following their return. When discovered, government officials returned trafficking victims to the camps.

International organizations reported an increase in gender-based violence directed against women in the camps, with intimate partner violence comprising an overwhelming majority–approximately 70 to 80 percent–of the cases. International organizations warned the numbers could increase further if the dearth of livelihood and educational opportunities for Rohingya men continued.

Accountability for all crimes, including human trafficking, remained a problem. Rohingya relied on government officials responsible for each camp (also known as the Camps in Charge, or CiC) to address allegations of crime. The CiCs were largely autonomous in practice and varied in terms of responsiveness to camp needs. According to international organizations, some were susceptible to corruption. International organizations alleged some border guard, military, and police officials were involved in facilitating the trafficking of Rohingya women and children, ranging from “looking the other way,” to bribes for allowing traffickers to access Rohingya in the camps, to direct involvement in trafficking.

Refoulement: According to UNHCR, the government sent six Rohingya back to Burma in September in a possible incident of refoulement. There were no other reported cases of potential refoulement or forced repatriation. On August 22, authorities sent buses to selected Rohingya camps to pick up and transport anyone ready to return to Burma. They called off the initiative when no refugees volunteered. Several times during the year, senior government officials reaffirmed the country’s commitment to voluntary, safe, dignified, and sustainable refugee returns, based on informed consent. On September 27, at the United Nations, Prime Minister Sheikh Hasina underscored voluntariness and safety as necessary requirements for any repatriation.

Access to Asylum: The law does not provide for granting asylum or refugee status, nor has the government established a formal system for providing protection to refugees. The government provided significant protection and assistance to Rohingya refugees resident in the country. The government cooperated with UNHCR to provide temporary protection and basic assistance to registered refugees resident in two official camps. After the 2017 arrival of Rohingya refugees, the government started to register the new refugees biometrically and provided identity cards with their Burmese address. The government was working jointly with UNHCR to verify Rohingya refugees and issue identity cards that replaced prior cards and provided for protection of Rohingya refugees, consistent with the government’s commitment against forced returns to Burma. Despite this documentation system, the lack of formal refugee status for Rohingya and clear legal reporting mechanisms in the camps impeded refugees’ access to the justice system, leading to underreporting of cases of abuse and exploitation and impunity for traffickers and other criminals.

Freedom of Movement: There continued to be restrictions on Rohingya freedom of movement. According to the 1993 memorandum of understanding between Bangladesh and UNHCR, registered Rohingya refugees are not permitted to move outside the two camps. After the August 2017 influx, police set up checkpoints on the roads to restrict travel by both registered refugees and new arrivals beyond the Ukhia and Teknaf subdistricts. In November the government began erecting fencing to better secure the camp and protect Rohingya from migrant smuggling.

Many camp authorities introduced curfews and law enforcement patrols, particularly at night, in response to reported concerns about violent attacks, abductions, or kidnappings in the camps.

Employment: The government did not formally authorize Rohingya refugees living in the country to work locally, although it allowed limited cash-for-work schemes for Rohingya to perform tasks within the camps. Despite their movement restrictions, some refugees worked illegally as manual laborers in the informal economy, where some were exploited as labor trafficking victims.

Access to Basic Services: The rapid increase in the population strained services both inside and outside of the designated camps and makeshift settlements. The UN-led Inter Sector Coordination Group (ISCG) coordinates the many actors and agencies providing basic services to the Rohingya. Nonetheless, according to the ISCG, refugees lived in congested sites that were poorly equipped to handle the monsoon rains and cyclone seasons. While agencies made significant efforts to move those most vulnerable, the shortage of land remained a central issue that hindered the ability of Rohingya to access basic services.

Public education remained a problem. The government continued its policy prohibiting formal education but allowed informal education of Rohingya children. UNICEF led the education sector in developing a comprehensive learning approach to guide the education interventions of humanitarian partners in the camps. Primary education followed a learning framework developed by UNICEF and endorsed by the government; it does not confer recognition or certification of students having attained a specific education level by the Bangladeshi or Burmese government, however. Rahima Akter, a Rohingya woman, hid her identity to enroll in Cox’s Bazar International University to study law. In October 2018 Rahima was featured in a video by the Associated Press in which she discussed her dreams to study human rights. The video went viral and revealed her identity. In September the university expelled her for being Rohingya.

Government authorities allowed registered and unregistered Rohingya formal and regular access to public health care but Rohingya needed authorities’ permission to leave the camp. Humanitarian partners ensured their health-care expenses were covered and that they returned to the camps. The health sector maintained information about all of the health facilities within the camps and the surrounding areas. Based on the data available, overall coverage met the minimum requirements.

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 the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

Corruption: Corruption remained a serious problem. In July the ACC chairman stated the commission suffered from a crisis of public trust, since most of the ACC’s investigations were only against petty instances of corruption.

The ACC leadership were also suspected in corruption. In July, Khandaker Enamul Basir, a former ACC director, was arrested on charges of bribery in a corruption case involving top-ranking Deputy Inspector General of Police Miznur Rahman. The ACC found Rahman earned 4.63 crore BDT ($550,000) between 1998 and 2018, but only 1.35 crore BDT ($160,000) came from legal sources. Rahman claimed Basir accepted a bribe to clear Rahman of graft allegations, an accusation that led to Basir’s removal from the ACC and arrest.

In August 2018 parliament enacted a law prohibiting the arrest of any public servant by the ACC without permission from the government before framing charges by the court. Campaigners for good governance and transparency decried the provision, saying it shielded corrupt officials.

The government took steps to address widespread police corruption through continued expansion of its community-policing program and through training.

Financial Disclosure: The law requires candidates for parliament to file statements of personal wealth with the Election Commission. The law does not require income and asset disclosure by officials.

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 with some government restrictions, investigating and publishing their findings on human rights cases. Government officials were rarely cooperative and responsive to their views.

Although human rights groups often sharply criticized the government, they also practiced some self-censorship. Observers commented on the government’s strategy to reduce the effectiveness and inhibit operations of civil society, exacerbated by threats from extremists and an increasingly entrenched leading political party. Even civil society members affiliated with the ruling party reported receiving threats of arrest from the security forces for public criticism of government policies.

The government continued to restrict the funding and operations of the human rights organization Odhikar. Odhikar continued to report harassment by government officials and security forces, including disruption of their planned events, and planned to close operations due to funding constraints at the end of the year.

On November 14, a local magistrate mobile court ordered human rights organization Ain O Salish Kendra (ASK) to leave its main Dhaka office in two months. The magistrate also fined the organization 200,000 BDT ($2,400) for violating a law that prohibits commercial activities from operating in a residential space. ASK Executive Director Sheepa Hafiza called the order “illegal” and told reporters ASK would move the matter to the judicial court to refute allegations the organization committed an offense. Hafiza further said the government’s move “shrank the activities of rights bodies.”

The government required all NGOs, including religious organizations, to register with the Ministry of Social Welfare. Local and international NGOs working on sensitive topics or groups, such as religious issues, human rights, indigenous peoples, LGBTI communities, Rohingya refugees, or worker rights, faced both formal and informal governmental restrictions. Some of these groups claimed intelligence agencies monitored them. The government sometimes restricted international NGOs’ ability to operate through delays in project registration, cease-and-desist letters, and visa refusals.

Numerous NGOs entered the country in response to the August 2017 Rohingya influx. In August the NGO Affairs Bureau imposed restrictions and suspensions on a number of NGOs in Cox’s Bazar, following an August 25 peaceful rally commemorating the two-year mark of the 2017 Rohingya crisis (see section 2.b.). The government did not publicly disclose all the names of those NGOs.

The Foreign Donations (Voluntary Activities) Regulation Act restricts foreign funding of NGOs and includes punitive provisions for NGOs that make “derogatory” comments regarding the constitution of the country, its founding history, or constitutional bodies (that is, government institutions and leaders).

The United Nations or Other International Bodies: The government did not respond to a UN Working Group on Enforced Disappearances request to visit the country. The Office of the UN Resident Coordinator in Bangladesh reported 15 other pending requests for UN special rapporteurs to visit the country, including the special rapporteur on extrajudicial, summary or arbitrary executions; the special rapporteur on the rights to freedom of peaceful assembly and of association; and the special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

Government Human Rights Bodies: The National Human Rights Commission (NHRC) has seven members, including five honorary positions. Nasima Begum, former senior secretary in the Ministry of Women and Children Affairs, was appointed NHRC chairman in September. This appointment prompted quick criticisms from civil society, who questioned the government’s selection process, and larger discussions on the commission’s effectiveness and independence as all members were government bureaucrats. The NHRC’s primary activities are to investigate human rights violations, address discrimination in law, educate the public about human rights, and advise the government on key human rights issues.

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 join unions and, with government approval, the right to form a union, although labor rights organizations said cumbersome requirements for union registration remained. The law requires a minimum of 20 percent of an enterprise’s total workforce to agree to be members before the Ministry of Labor and Employment may grant approval for registration of a union. The ministry may request a court to dissolve the union if membership falls below 20 percent. Generally, the law allows only wall-to-wall (entire factory) bargaining units. NGOs reported the approval rate for union registration applicants declined significantly over the past year. Registration applications were often rejected or challenged for erroneous or extrajudicial reasons outside the scope of the law.

The labor law definition of workers excludes managerial, supervisory, and administrative staff. Fire-fighting staff, security guards, and employers’ confidential assistants are not entitled to join a union. Civil service and security force employees are prohibited from forming unions. The Ministry of Labor and Employment may deregister unions for other reasons with the approval of a labor court. The law affords unions the right of appeal in the cases of dissolution or denial of registration. Export processing zones (EPZs), which do not allow trade union participation, are a notable exception to the labor law. On February 28, the government enacted a new labor law for the EPZs. These laws continued to deny EPZ workers the right to form or join a union.

Prospective unions continued to report rejections based on reasons not listed in the labor law. The Ministry of Labor and Employment reported that the country had 7,823 trade unions, covering nearly three million workers, with 596 unions in the garment sector. This figure included 574 new unions in the garment sector formed since 2013. The ministry reported the shrimp sector had 16 unions and the leather and tannery sector had 13. According to the Solidarity Center, a significant number of the unions in the ready-made garment sector ceased to be active during the year due to factory closures or alleged unfair labor practices on the part of employers, and it became increasingly harder to register unions in larger ready-made garment factories. After a sharp increase in trade union applications in 2014, there was a decline every year thereafter.

The law provides for the right to conduct legal strikes but with many limitations. For example, the government may prohibit a strike deemed to pose a “serious hardship to the community” and may terminate any strike lasting more than 30 days. The law additionally prohibits strikes for the first three years of commercial production if the factory was built with foreign investment or owned by a foreign investor.

The government occasionally targeted union leaders. During wage protests in December 2018 and January, police dispersed protesters using tear gas, water cannons, batons, and rubber bullets, reportedly injuring dozens of workers and killing at least one. In the aftermath, factory owners filed cases against thousands of workers. More than 50 workers and union leaders were arrested and spent weeks in jail. According to Solidarity Center, most if not all of the cases against hundreds of workers remained pending at year’s end. Several companies also illegally suspended or terminated thousands of workers without proper severance payments. In some cases, factory management exploited the situation to target active union leaders and to blacklist them from employment. Other intimidation tactics included frequent police visits to union meetings and offices, police taking pictures and video recordings of union meetings, and police monitoring of NGOs involved in supporting trade unions. While most workers from the 2016 widespread Ashulia labor unrest were reinstated, labor leaders had cases pending against them despite international pressure to resolve these cases.

In response to unrest in the Dhaka industrial suburb of Ashulia in 2016, the government formed a permanent tripartite consultative council to address labor concerns in the garment industry. NGOs said the tripartite consultative council was not functioning. The state minister for labor and employment and the ministry’s deputy secretary serve as president and secretary of the 20-member council. The council also includes six representatives from the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) and Bangladesh Knitwear Manufacturers and Exporters Association, six additional representatives from the government, and six worker representatives. The council was supposed to meet at least three times a year, but the president may convene meetings as needed. Labor leaders expressed concern that worker representatives were appointed, not elected, and that some of the appointed council members were either not active in the ready-made garment industry, were leaders of very small federations, or were closely aligned with industry.

Legally registered unions recognized as official Collective Bargaining Agents (CBAs) are entitled to submit charters of demands and bargain collectively with employers. This occurred rarely, but instances were increasing. The law provides criminal penalties for unfair labor practices such as retaliation against union members for exercising their legal rights. Labor organizations reported that in some companies, workers did not exercise their collective bargaining rights due to their unions’ ability to address grievances with management informally or due to fear of reprisal.

The law includes provisions protecting unions from employer interference in organizing activities; however, employers, particularly in the ready-made garment industry, often interfered with this right. Labor organizers reported acts of intimidation and abuse, the termination of employees, and scrutiny by security forces and the intelligence services, a tactic used to chill the organizing environment. Labor rights NGOs alleged that some terminated union members were unable to find work in the sector because employers blacklisted them. The BGMEA reported that some factory owners complained of harassment from organized labor, including physical intimidation, but statistics and specific examples were unavailable.

According to the labor law, every factory with more than 50 employees is required to have a participation committee (PC). A 2018 amendment to the labor law states there shall not be any participation committee if any registered trade union exists in a factory. Employers often selected or appointed workers for the PC instead of permitting worker elections to determine those positions. Employers also failed to comply with laws and regulations to ensure the effectiveness and independence of PCs. The International Labor Organization’s Better Work Bangladesh program found 75 percent of factories had ineffective or nonfunctional PCs.

A separate legal framework under the authority of the Bangladesh Export Processing Zone Authority (BEPZA) governs labor rights in the EPZs, with approximately 458,000 workers. EPZ law specifies certain limited associational and bargaining rights for worker welfare associations (WWAs) elected by the workers, such as the rights to bargain collectively and represent their members in disputes, but prohibits unions within EPZs. While an earlier provision of the EPZ law banning all strikes under penalty of imprisonment expired in 2013, the law continues to provide for strict limits on the right to strike, such as the discretion of the BEPZA’s chairperson to ban any strike he views as prejudicial to the public interest. The law provides for EPZ labor tribunals, appellate tribunals, and conciliators, but those institutions were not established. Instead, eight labor courts and one appellate labor court heard EPZ cases. The BEPZA has its own inspection regime with labor counselors that function as inspectors. WWAs in EPZs are prohibited from establishing any connection to outside political parties, unions, federations, or NGOs. There were no reports of legal strikes in the EPZs.

The government adopted standard operating procedures regarding union registration. With the exception of limitations on the right of association and worker protections in the EPZs, the labor law prohibits antiunion discrimination. A labor court may order the reinstatement of workers fired for union activities, but reinstatement was rarely awarded.

The government did not always enforce applicable law effectively or consistently. For example, labor law establishes mechanisms for conciliation, arbitration, and dispute resolution by a labor court. It also establishes that workers in a collective-bargaining union have the right to strike in the event of a failure to reach a settlement. Few strikes followed the cumbersome legal requirements, however, and strikes or walkouts often occurred spontaneously.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for forced or bonded labor offenses are insufficient to deter violations. Inspection mechanisms that enforce laws against forced labor did not function effectively. Resources, inspections, and remediation efforts were inadequate. The law also provides that victims of forced labor have access to shelter and other protective services afforded to trafficking victims.

Some individuals recruited to work overseas with fraudulent employment offers subsequently were exploited abroad under conditions of forced labor or debt bondage. Many migrant workers assumed debt to pay high recruitment fees, imposed legally by recruitment agencies belonging to the Bangladesh Association of International Recruiting Agencies and illegally by unlicensed subagents.

Children and adults were also forced into domestic servitude and bonded labor that involved restricted movement, nonpayment of wages, threats, and physical or sexual abuse (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

The law regulates child employment, and the regulations depend on the type of work and the child’s age. The 2018 amendment of the labor law establishes the minimum age for work as 14, and the minimum age for hazardous work is 18, with no exceptions. The government reported all labor inspectors were notified on the amendment, including the changes to the light work provisions for children. Formerly, the law had allowed children ages 12 or 13 to perform light work. Minors may work up to five hours per day and 30 hours per week in factories and mines or up to seven hours per day and 42 per week in other types of workplaces. By law every child must attend school through eighth grade. Several factors contributed to children not attending school, such as inadequate access to water and sanitation facilities and the costs associated with education, including books and uniforms.

The Labor and Employment Ministry’s enforcement mechanisms were insufficient for the large, urban informal sector, and authorities rarely enforced child labor laws outside the export-garment and shrimp-processing sectors. Agriculture and other informal sectors that had no government oversight employed large numbers of children.

The law does not prohibit all of the worst forms of child labor. Children engaged in the worst forms of child labor, including forced child labor in the production of dried fish and bricks. Children also performed dangerous tasks in the production of garments and leather goods. Laws do not cover children working in the informal sector, and hazardous work prohibitions are not comprehensive. Moreover, the number of labor inspectors was insufficient for the size of the workforce.

The law specifies penalties that were not sufficient to deter violations of child labor laws. The government occasionally brought criminal charges against employers who abused domestic servants.

Child labor was widespread in the informal sector and in domestic work. According to a 2016 Overseas Development Institute report based on a survey of 2,700 households in Dhaka’s slums, 15 percent of six- to 14-year-old children were out of school and engaged in full-time work. These children were working well beyond the 42-hour limit set by national legislation.

According to the International Labor Organization, agriculture was the primary employment sector for boys and services was the main sector for girls. According to Young Power in Social Action, an NGO working to protect the rights of shipbreakers in Chittagong, 11 percent of the shipbreaking workforce was younger than 18. NGOs, such as Shipbreaking Platform, reported laborers worked long hours without training, safety equipment, holidays, adequate health care, and also without contractual agreements.

Children frequently worked in the informal sector in areas including the unregistered garment, road transport, manufacturing, and service industries.

In 2018 the government funded and participated in programs that include the goal of eliminating or preventing child labor, including a $35 million government-funded three-year project that seeks to identify 100,000 child laborers, reintegrate the children into schools, and provide livelihood support for their parents.

Rohingya children residing in refugee camps were vulnerable to forced labor. Rohingya girls were trafficked from the camps to Dhaka or other countries for domestic servitude. Rohingya children recruited to work outside the refugee camps were reported to be underpaid or unpaid, subjected to excessive working hours, or in bonded 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  and the List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits wage discrimination on the basis of sex or disability, but it does not prohibit other discrimination based on sex, disability, social status, caste, sexual orientation, or similar factors. The constitution prohibits adverse discrimination by the state on the basis of religion, race, caste, sex, or place of birth and expressly extends that prohibition to government employment; it allows affirmative action programs for the benefit of disadvantaged populations.

The lower-wage garment sector traditionally offered greater employment opportunities for women. Women represented the majority of garment-sector workers, making up more than 50 percent of the total ready-made garment workforce, according to official statistics, although statistics varied widely due to a lack of data. Despite representing a majority of total workers, women were generally underrepresented in supervisory and management positions and generally earned less than their male counterparts, even when performing similar functions. A 2017 Center for Economic Research and Graduate Education Economics Institute and Oxford University study found women earned lower wages in export-oriented garment factories, even after controlling for worker productivity. According to the study, approximately two-thirds of the wage gap remained even after controlling for skills, which the study attributed to higher mobility for male workers. Women were also subjected to abuse in factories, including sexual harassment. In June a human rights NGO concluded, after conducting survey research, that 80 percent of female garment workers reported experiencing gender-based violence on the job.

In the tea industry, female workers faced discrimination. Male workers received rice rations for their female spouses, but female tea workers’ male spouses were not given rice rations, as they were not considered dependents.

Some religious, ethnic, and other minorities reported discrimination, particularly in the private sector (see section 6).

e. Acceptable Conditions of Work

The National Minimum Wage Board established minimum monthly wages on a sector-by-sector basis. The board may convene at any time, but it is supposed to meet at least every five years in a tripartite forum to set wage structures and benefits industry by industry. During the year the board failed to include a legitimate workers’ representative. Without a workers’ representative, garment workers did not have a voice in negotiations to set the new minimum wage. By law the government may modify or amend wage structures through official public announcement in consultation with employers and workers. The minimum wage was set for $94 a month and fixed for the ready-made garment sector only. This wage was above the poverty line. The minimum wage was not indexed to inflation (which averaged 6 to 8 percent annually since 2010, according to World Bank data), but the board occasionally made cost-of-living adjustments to wages in some sectors.

Wages in the apparel sector often were higher than the minimum wage, and wages in the EPZs typically were higher than general wage levels, according to the BEPZA. In November 2018 a BEPZA circular declared the minimum wages and other benefits for workers employed in different enterprises in the EPZs. Among the lowest minimum wages were those for tea packaging at 3,060 BDT ($36.14) a month, as of December 2018. A Transparency International Bangladesh report found more than 90 percent of tea worker families shared a single room with domestic animals without proper access to safe water, electricity, or health care. None of the set minimum wages provided a sufficient standard of living for urban dwellers. The minimum wage was not indexed to inflation, but the board occasionally made cost-of-living adjustments to wages in some sectors.

By law a standard workday is eight hours. A standard workweek is 48 hours, but it may be extended to 60 hours, subject to the payment of an overtime allowance that is double the basic wage. Overtime cannot be compulsory. Workers must have one hour of rest if they work for more than six hours a day or a half-hour of rest for more than five hours’ work a day. Factory workers are supposed to receive one day off every week. Shop workers receive one and one-half days off per week.

The law establishes occupational health and safety standards, and amendments to the law created mandatory worker safety committees. The law states that every worker should be allowed at least 11 festival holidays with full wages in a year. The days and dates for such festivals are supposed to be fixed by the employer in consultation with the CBA, if any, or on the recommendation of the participation committee in absence of the CBA.

Labor law implementing rules outline the process for the formation of occupational safety and health committees in factories, and the government reported that approximately 2,175 safety committees were formed as of July 2018. The committees include both management and workers nominated by the CBA or, in absence of CBA, workers representatives of the factory’s worker participation committee. Where there is no union or worker participation committee, the Department of Inspection for Factories and Establishments (DIFE) arranges an election among the workers for their representatives.

The government did not effectively enforce minimum wage, hours of work, overtime pay, and occupational safety and health laws. Although increased focus on the garment industry improved compliance in some garment factories, resources, inspections, and remediation were generally not adequate across sectors, and penalties for violations were not sufficient to deter violations. A labor rights NGO found 95 percent of factories did not comply with overtime limits.

DIFE’s resources were inadequate to inspect and remediate problems effectively. On March 4, a fire broke out at an apparel warehouse in Ashulia, damaging the entire factory. According to DIFE’s website, they last visited the factory on October 26, 2013. There were also criticisms regarding DIFE’s complaint mechanism. In the current system, a worker has to enter his or her name, position, and identity number in DIFE’s complaint form. Once received, DIFE issues a letter to factory management with reference to the complaint form. This provides inadequate protections to workers and raises doubts on the efficacy of the mechanism for filing complaints.

The 2013 Rana Plaza building collapse killed 1,138 workers and injured more than 2,500. In the aftermath of the collapse, private companies, foreign governments, and international organizations worked with the government to inspect more than 3,780 garment factories. Many factories began to take action to improve safety conditions, although remediation in many cases proceeded slowly due to a range of factors, including failure to obtain adequate financing. Two initiatives formed by international brands, Nirapon (including most North American brands and continuing the work of the Alliance for Bangladesh Worker Safety) and the Accord on Fire and Building Safety in Bangladesh (“Accord,” consisting mostly of European brands), continued to oversee the inspection and remediation efforts of ready-made garment factories producing for Accord and Nirapon members while government oversight of factories outside of these initiatives remained limited. The two brand-led initiatives covered only member factories in the ready-made garment industry, leaving thousands of other garment and nongarment factories without oversight. Boiler or chemical-related explosions increased the focus on nonfire industrial accidents.

In May a court-ordered memorandum of understanding established guidelines for a transition process for the Accord to begin to hand over authority to the government. In this transition the ready-made garment Sustainability Council was established, including representation from the BGMEA, international brands, and trade union federation leaders.

The court case against the owner of Rana Plaza and 40 other individuals on charges including murder began in 2016. Rana received a maximum three-year sentence for failing to declare his personal wealth to an antigraft commission. The murder trial against Rana and others repeatedly stalled, however, due to appeals and High Court stay orders.

A trial against those implicated in the 2012 Tazreen Fashions fire started in 2015 after charges were brought against 13 individuals, including chairman Mahmuda Akhter and managing director Delwar Hossain, in September 2015. The case was ongoing.

Workers’ groups stated safety and health standards established by law were sufficient, and more factories took steps toward compliance. The law provides for penalties that did not deter violations. Many ready-made garment employers failed to adequately train workers on safety and hazardous materials, provide required equipment, or ensure functioning Safety Committees, all required by law.

Legal limits on hours of work were violated routinely. In the ready-made garment sector, employers often required workers to labor 12 hours a day or more to meet export deadlines, but they did not always properly compensate workers for their time. According to the Solidarity Center, workers often willingly worked overtime in excess of the legal limit. Employers in many cases delayed workers’ pay or denied full leave benefits.

Few reliable labor statistics were available on the large informal sector that employed most workers, and it was difficult to enforce labor laws in the sector. The Bangladesh Bureau of Statistics reported 51.3 million workers in the informal labor sector in 2016, which was 86.2 percent of the total labor force.

In February a fire broke out in Chawkbazaar, a historic Dhaka neighborhood, when a compressed natural gas-powered car caught on fire. The blast ignited other cylinders used at street-side restaurants. Very quickly, a plastics store and a shop illegally storing chemicals also burst into flames. The fire–which analysts assessed may have been averted had proper building violations been addressed–killed at least 70 persons.

Burma

Executive Summary

Burma has a quasi-parliamentary system of government in which the national parliament selects the president and constitutional provisions grant one-quarter of parliamentary seats to active-duty military appointees. The military also has the authority to appoint the ministers of defense, home affairs, and border affairs and one of two vice presidents, as well as to assume power over all branches of the government should the president declare a national state of emergency. In 2015 the country held nationwide parliamentary elections that the public widely accepted as a credible reflection of the will of the people. The National League for Democracy (NLD) party leader Aung San Suu Kyi was the civilian government’s de facto leader and, due to constitutional provisions preventing her from becoming president, remained in the position of state counsellor.

The Myanmar Police Force (MPF), under the Ministry of Home Affairs (led by an active-duty general), is responsible for internal security. The Border Guard Police is administratively part of the MPF but operationally distinct. The armed forces under the Ministry of Defense are responsible for external security but are also engaged extensively in internal security, including combat against ethnic armed groups. Under the constitution civilian authorities have no authority over the security forces; the armed forces commander in chief, Senior General Min Aung Hlaing, maintained effective control over the security forces.

Extreme repression of and discrimination against the minority Rohingya population, who are predominantly Muslim, continued in Rakhine State. Intense fighting between the military and the ethnic-Rakhine Arakan Army (AA) that escalated in January displaced thousands more civilians, further disrupted humanitarian access to vulnerable populations, and resulted in serious abuses of civilian populations. Fighting between the military and ethnic armed groups in northern Shan State, as well as fighting there among ethnic armed groups, temporarily displaced thousands of persons and resulted in abuses, including reports of civilian deaths and forced recruitment by the ethnic armed groups.

Significant human rights issues included: reports of extrajudicial and arbitrary killings by security forces; enforced disappearance by security forces; torture and rape and other forms of sexual violence by security forces; arbitrary detention by the government; harsh and sometimes life-threatening prison conditions; political prisoners; arbitrary or unlawful interference with privacy; significant problems with the independence of the judiciary; severe restrictions on free expression including arbitrary arrest and prosecution of journalists, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association, including arrests of peaceful protesters and restrictions on civil society activity; severe restrictions on religious freedom; significant restrictions on freedom of movement, in particular for Rohingya; significant acts of corruption by some officials; some unlawful recruitment and use of child soldiers; trafficking in persons; crimes involving violence or threats targeting members of national, ethnic, and religious minorities; laws criminalizing consensual same-sex sexual conduct between adults, although those laws were rarely enforced; and the use of forced and child labor.

There continued to be almost complete impunity for past and continuing abuses by the military. In a few cases the government took limited actions to prosecute or punish officials responsible for abuses, although in ways that were not commensurate with the seriousness of the crime.

Some armed ethnic groups committed human rights abuses, including killings, unlawful use of child soldiers, forced labor of adults and children, and failure to protect civilians in conflict zones. These abuses rarely resulted in investigations or prosecutions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides that “every citizen shall be at liberty in the exercise of expressing and publishing freely their convictions and opinions,” but it contains the broad and ambiguous caveat that exercise of these rights must “not be contrary to the laws enacted for national security, prevalence of law and order, community peace and tranquility, or public order and morality.” Threats against and arrests of journalists continued during the year.

Freedom of Expression: Freedom of expression was more restricted than in 2018. Authorities arrested, detained, convicted, intimidated, and imprisoned citizens for expressing political opinions critical of the government and the military, generally under charges of defamation, incitement, protesting without a permit, or violating national security laws. This included the detentions and trials of activists and ordinary citizens. The government applied laws carrying more severe punishments than in the past, including laws enabling years-long prison sentences.

The criminal defamation clause under the telecommunications law was frequently used to restrict freedom of expression. Several critics of the government and the military faced charges under this law. On August 29, for example, noted filmmaker and human rights activist Min Htin Ko Ko Gyi was sentenced to one year in prison for Facebook posts that were critical of the military’s role in politics; he also faced other potential charges.

Five members of the Peacock Generation performance troupe were detained without bail for a satirical performance during the April New Year holiday criticizing the military’s role in politics. On October 30, five members were found guilty of defaming the military and were sentenced to one year of labor. As of November the case for other charges continued.

Military officers brought or sought to bring charges against several prominent religious figures based on their criticism of the military, including multiple Buddhist monks and the prominent Kachin Baptist reverend, Hkalam Samson. Authorities dropped the complaint against Samson, but the cases against at least two prominent, protolerance monks critical of the military and Bamar Buddhist ultranationalism, Sein Ti Ta and Myawaddy Sayadaw, remained open as of November.

A variety of laws were used to censor or prosecute public dissent. On June 19 and 21, the military used a privacy law to press charges against 12 individuals, including reporters, for allegedly aiding and abetting trespass on seized land in Kayah State. As of November the case continued.

Some persons remained wary of speaking openly about politically sensitive topics due to monitoring and harassment by security services and ultranationalist Buddhist groups. Police continued to monitor politicians, journalists, writers, and diplomats.

Press and Media, Including Online Media: Independent media were active and able to operate, despite many official and unofficial restrictions. The government continued to permit the publication of privately owned daily newspapers. As of July authorities approved 46 dailies; however, press freedom declined compared with 2018, and the security forces detained journalists under laws carrying more severe sentences than those it used in previous years.

Local media could cover human rights and political issues, including, for example, democratic reform and international investigations of the 2017 ethnic cleansing in Rakhine State, although they observed some self-censorship on these subjects. Official action or threats of such action increased against journalists reporting on conflict in Rakhine State involving the AA. The government generally permitted media outlets to cover protests and civil conflict, topics not reported widely in state-run media.

The military continued to practice zero tolerance of perceived critical media commentary through prosecution by civil authorities. Members of the ruling party increasingly prosecuted journalists perceived as critical.

In May the president granted amnesty to two Reuters reporters detained in late 2017 and sentenced in 2018 to seven years in prison under the Official Secrets Act for their investigation of security forces’ activities in northern Rakhine State.

On September 30, a court ruled a defamation case could again be heard against Myanmar Now editor in chief Swe Win. Charges were dismissed on July 2 after the plaintiff, Wirathu, repeatedly failed to appear in court; as of November the case continued. Swe Win was arrested in 2017 for allegedly sharing a Facebook post suggesting the monk Wirathu, a prominent Ma Ba Tha (a local Buddhist organization) figurehead, violated the monastic code of conduct by making statements commending the 2017 assassination of well known Muslim constitutional lawyer Ko Ni (see section 1.a.).

The government relaxation of its monopoly and control of domestic television broadcasting continued, with five private companies broadcasting using Ministry of Information platforms. Many media outlets reported the cost of applying for and maintaining a television channel was prohibitive. The government offered three public channels–two controlled by the Ministry of Information and one by the military; the ministry channels regularly aired the military’s content. Two private companies that had strong links to the previous military regime continued to broadcast six free-to-air channels. The government allowed the general population to register satellite television receivers for a fee, but the cost was prohibitive for most persons outside of urban areas. The military, government, and government-linked businesspersons controlled the eight privately or quasi-governmentally owned FM radio stations.

Violence and Harassment: Nationalist groups continued to target journalists who criticized government policy on intercommunal and Rakhine State issues. Businesspersons engaged in illegal enterprises, sometimes together with local authorities, also harassed and threatened journalists reporting on their activities, including with the threat of legal action. Officials continued to monitor journalists in various parts of the country.

Censorship or Content Restrictions: Although generally not enforced, laws prohibit citizens from electronically passing information about the country to foreign media, exposing journalists who reported for or cooperated with international media to potential harassment, intimidation, and arrest. There were no reports of overt prepublication censorship, and the government allowed open discussion of some sensitive political and economic topics, but incidents of legal action against publications that criticized the military or the government heightened concern among local journalists and increased self-censorship.

Self-censorship was common, particularly on issues related to Buddhist extremism, the military, the situation in Rakhine State, and the peace process. Journalists reported that such self-censorship became more pronounced after the 2018 trial and conviction of two Reuters journalists. The government ordered media outlets to use certain terms and themes to describe the situation in northern Rakhine State and threatened penalties against journalists who did not follow the government’s guidance, which exacerbated already high levels of self-censorship on this topic. Authorities prevented journalists’ access to northern Rakhine State except on government-organized trips that participants reported to be tightly controlled and designed to advance the government’s narrative. The government continued to use visa issuance and shortened visa validities to control foreign journalists, especially those not based in the country.

The government censorship board reviews all films to be screened inside the country. On June 15, the screening of a film critical of the military was abruptly pulled from the opening night of the Human Rights Human Dignity International Film Festival. The founder of the festival, Min Htin Ko Ko Gyi, was in jail at the time and was later convicted of criticizing the military (see section 2.a.).

Journalists continued to complain about the widespread practice of government informants attending press conferences and other events, which they said intimidated reporters and the events’ hosts. Informants demanded lists of hosts and attendees.

Libel/Slander Laws: Military and civilian government officials used broad defamation statutes to bring criminal charges against journalists, activists, and ordinary citizens.

In February a Dawei Township court fined the editor of the Thanintharyi Journal 500,000 kyat ($330) over the journal’s 2017 publication of a satirical article about a regional official. On August 26, six Karenni youths were charged with slander for calling the Kayah State chief minister a traitor over his support for the erection of a statue to Aung San Suu Kyi’s father. On November 7, they were sentenced to six months in prison with labor.

In September a local NLD office in Ayeyarwaddy Region brought charges against a cartoonist for allegedly defaming the township and the NLD. On September 19, an NLD official in Mandalay sued two Facebook users, alleging their satiric memes defamed the regional chief minister.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, but the government restricted 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 does not protect freedom of internal movement, foreign travel, emigration, or repatriation. Local regulations limit the rights of citizens to settle and reside anywhere in the country. By law the president may require the registration of foreigners’ movements and authorize officials to require foreigners to register every change of address exceeding 24 hours.

The government appeared to restrict informally repatriation by maintaining an opaque “black list” of individuals, including some from the exile community, who were prohibited from entering the country.

In-country Movement: Regional and local orders, directives, and instructions restrict freedom of movement.

Restrictions on in-country movement of Rohingya were extensive. Authorities required the largely stateless Rohingya to carry special documents and travel permits for internal movement in areas in Rakhine State where most Rohingya reside. Township officers in Buthidaung and Maungdaw Townships continued to require Rohingya to submit a “form for informing absence from habitual residence” for permission to stay overnight in another village and to register on the guest list with the village administrator. Obtaining these forms and permits often involved extortion and bribes.

Restrictions governing the travel of foreigners, Rohingya, and others between townships in Rakhine State varied, depending on township, and generally required submission of a document known as “Form 4.” A traveler could obtain this form only from the township Immigration and National Registration Department (INRD) and only if that person provided an original copy of a family list, a temporary registration card, and letters from two guarantors. Travel authorized under Form 4 is generally valid for two to four weeks, but it is given almost exclusively for medical emergencies, effectively eliminating many opportunities to work or study. The cost to obtain the form varied from township to township, with required payments to village administrators or to the township INRD office ranging from the official amount of 30,000 to more than two million kyats ($20 to $1,320). Extensive administrative measures are imposed on Rohingya and foreigners in Rakhine State, which effectively prevented persons from changing residency.

There were credible reports of hundreds of Rohingya serving prison terms of up to two years for attempting to travel out of Rakhine State without prior authorization. In October authorities convicted 30 Rohingya for attempting to travel from Rakhine State to Rangoon without travel permits. The court sentenced 21 of them to two years in prison and sent eight children to a detention center. The youngest, age five, was being held in a Pathein prison with his mother as of November. In January seven Rohingya, including a child, from Kyauktaw Township in Rakhine State were sentenced to two years’ detention for travelling without valid documents after walking 300 miles to western Bago Region.

Foreign Travel: The government maintained restrictions to prevent foreign travel by political activists, former political prisoners, and some local staff of foreign embassies, although such persons reported encountering far fewer delays and restrictions. Stateless persons, particularly Rohingya, were unable to obtain documentation necessary for foreign travel.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government did not always cooperate with the UN High Commissioner for Refugees (UNHCR) or other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, and other persons of concern. For example, the government routinely refused to allow humanitarian organizations access to Rakhine State and other locations.

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. UNHCR did not register any asylum seekers during the year.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens limited ability to choose their government through elections held by secret ballot; the electoral system is not fully representational and does not assure the free expression of the will of the people. Under the constitution, active-duty military are appointed to one-quarter of all national and regional parliamentary seats, and the military has the right to appoint the ministers of defense, home affairs–which has responsibility for police, prisons, and other domestic security matters–and border affairs. The military can also indefinitely assume power over all branches of the government should the president declare a national state of emergency. The constitution prohibits persons with immediate relatives holding foreign citizenship from becoming president. Amending the constitution requires approval by more than 75 percent of members of parliament, giving the military effective veto power over constitutional amendments.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government continued efforts to curb corruption.

Corruption: Corruption remained a problem, particularly in the judiciary. Police reportedly often required victims to pay substantial bribes for criminal investigations and routinely extorted money from the civilian population. The government took some steps to investigate and address corruption of government officials.

On September 9, the Anti-Corruption Commission charged Aung Zaw, general manager of the state-owned Burma Pharmaceutical Industry, with bribery for the improper purchasing of raw materials for the factory. As of November the case continued. On July 26, Industry Minister Khin Maung Cho was forced to resign for failing to open a tender process for the procurement of raw materials worth more than one billion kyats ($660,000) at the same factory.

Financial Disclosure: Public officials were not subject to public financial disclosure laws. The law requires the president and vice presidents to furnish a list of family assets to the speaker of the joint houses of parliament, and the law requires persons appointed by the president to furnish a list of personal assets to the president. The government did not make the reports available to the public.

Civil servants cannot accept gifts worth more than 25,000 kyats ($17). The rules also require civil servants to report all offers of gifts to their supervisors, whether or not they are accepted.

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

The government did not allow domestic human rights organizations to function independently. Human rights NGOs were able to open offices and operate, but there were reports of harassment and monitoring by authorities, and authorities sometimes pressured hotels and other venues not to host meetings by activists or other civil society groups.

Foreign human rights activists and advocates, including representatives from international NGOs, continued to be restricted to short-term visas that required them to leave the country periodically for renewal. The government continued to monitor the movements of foreigners and interrogated citizens concerning contacts with foreigners.

The United Nations or Other International Bodies: The government has not agreed to the opening of an Office of the UN High Commissioner for Human Rights (OHCHR) and has not approved visa requests for OHCHR staff.

In August a UN fact-finding mission, established by the UN Human Rights Council, published two reports on the country: one on sexual and gender-based violence and the gendered impact of ethnic conflicts and the other on the military’s economic interests and their relation to human rights abuses. The government rejected the mandate of the fact-finding mission and the content of its reports and denied the mission members permission to enter the country.

The government has also refused cooperate with or give the Independent Investigative Mechanism for Myanmar, created by the UN Human Rights Council, access to the country.

The government continued to refuse entry to the UN special rapporteur on the situation of human rights in Myanmar, but permitted the UN secretary-general’s special envoy on Myanmar, Christine Schraner-Burgener, to open an office in the country and to meet with senior officials, including Aung San Suu Kyi and Commander in Chief Min Aung Hlaing.

The ICRC had access to civilian prisons and labor camps. The government also allowed the ICRC to operate in ethnic-minority states, including in Shan, Rakhine, and Kachin States.

Government Human Rights Bodies: The Myanmar National Human Rights Commission investigated some incidents of human rights abuses. In some cases it called on the government to conduct investigations into abuses. Its ability to operate as a credible, independent mechanism remained limited. The commission supported the development of human rights education curricula, distributed human rights materials, and conducted human rights training.

The Independent Commission of Enquiry for Rakhine State, formed by the government in July 2018, continued its investigations but had not released any findings as of November. Previous government-led investigations into reports of widespread abuses by security services against the Rohingya in northern Rakhine State in 2016 yielded no findings of responsibility by security forces and were criticized by international observers as deeply flawed.

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, bargain collectively, and conduct legal strikes. The law permits labor organizations to demand the reinstatement of workers dismissed for union activity, but it does not explicitly prohibit antiunion discrimination in the form of demotions or mandatory transfers, nor does it offer protection for workers seeking to form a union. The law does not provide adequate protection for workers from dismissal before a union is officially registered.

Laws prohibit civil servants and personnel of the security services and police from forming unions. The law permits workers to join unions only within their category of trade or activity, and the definition of trade or activity lacks clarity. Basic labor organizations must have a minimum of 30 workers and register through township registrars with the Chief Registrar’s Office of the Ministry of Labor, Immigration, and Population (Ministry of Labor). Township labor organizations require a minimum of 10 percent of relevant basic labor organizations to register; regional or state labor organizations require a minimum of 10 percent of relevant township labor organizations. Each of these higher-level unions must include only organizations within the same trade or activity. Similarly, federations and confederations also require a minimum number of regional or state labor organizations (10 percent and 20 percent, respectively) from the next lower level in order to register formally. The law permits labor federations and confederations to affiliate with international union federations and confederations.

The law provides for voluntary registration for local NGOs, including NGOs working on labor issues. Organizations that choose to register are required to send organizational bylaws and formation documents to the government. Broader restrictions on freedom of assembly remained in place (see section 2.b.).

The law gives unions the right to represent workers, to negotiate and bargain collectively with employers, and to send representatives to a conciliation body or conciliation tribunal. Union leaders’ rights to organize, however, are only protected after the official registration of the union. The law does not contain detailed measures regarding management of the bargaining process, such as requiring bargaining to be in good faith or setting parameters for bargaining or the registration, extension, or enforcement of collective agreements. The National Tripartite Dialogue Forum (NTDF), with representatives from government, business, and labor unions, met three times during the year. The NTDF consults with parliament on revising legislation on labor.

The law stipulates that disputes in special economic zones be settled in accordance with original contracts and existing laws. The government appointed a labor inspector for each such zone and established zonal tripartite committees responsible for setting wage levels and monitoring the ratio of local and foreign labor.

In May parliament passed an amended law on the settlement of labor disputes; however, the implementing regulations remained under draft. The law continues to provide the right to strike in most sectors, with a majority vote by workers, permission of the relevant labor federations, and detailed information and three days’ advance notice provided to the employer and the relevant conciliation body. The law does not permit strikes or lockouts in essential services. For “public utility services” (including transportation; cargo and freight; postal; sanitation; information, communication, and technology; energy; petroleum; and financial sectors), lockouts are permitted with a minimum of 14 days’ notice provided to the relevant labor organizations and conciliation body. Strikes in public utility services require generally the same measures as in other sectors, but with 14 days’ advance notice and negotiation between workers and management before the strike takes place to determine maintenance of minimum service levels. The law prohibits strikes addressing problems not directly relevant to labor issues.

The amended law no longer defines complaints as “individual” or “collective,” but as “rights-based” or “benefits-based.” A “rights-based” dispute includes violations of labor laws, whereas a “benefits-based” dispute pertains to working conditions. The type of dispute determines the settlement procedure. Under the amended law, “rights-based” disputes do not go through a conciliation process or an arbitration proceeding, but go directly to court proceedings. The amended law significantly increases fines for labor violations, but it eliminates prison terms as punishment for violations.

Labor groups continued to report labor organizations’ inability to register at the national level, a prerequisite for entering labor framework agreements with multinational companies, due to the registration requirements under the law. In addition, the International Labor Organization (ILO), labor activists, and media outlets continued to report employers firing or engaging in other forms of reprisal against workers who formed or joined labor unions. Trade unions reported cases in which criminal charges were filed against workers for exercising their right to strike, and trade union members were arrested and charged with violating peaceful assembly laws when holding demonstrations regarding labor rights generally. Labor organizations also reported that local labor offices imposed unnecessary bureaucratic requirements for union registration that were inconsistent with the law.

Workers and workers’ organizations continued to report they generally found the Ministry of Labor to be helpful in urging employers to negotiate, but there were consistent reports of employers engaging in forms of antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

Laws nominally prohibit all forms of forced or compulsory labor, although it is allowed for use by the military and in penal institutions. Laws also provide for the punishment of persons who impose forced labor on others. The government did not effectively enforce the law.

The law provides for criminal penalties for forced labor violations; penalties differ depending on whether the military, the government, or a private citizen committed the violation. The penalties are insufficient to deter forced labor.

The government established an interim complaints mechanism under the authority of the President’s Office with the aim of having a more fully developed mechanism at a later date. The ILO and unions expressed concerns that the government’s mechanism does not provide for protections for victims.

The ILO reported the number of complaints of forced labor was decreasing. Reports of forced labor occurred across the country, including in conflict and cease-fire areas, and the prevalence was higher in states with significant armed conflict.

The military’s use of forced labor in Rakhine, Kachin, and Shan States remained a significant problem, according to the ILO. Forced labor reports included forced portering and activities related to the military’s “self-reliance” policy. Under this policy, military units are responsible for procuring their own food and labor supplies from local villagers–a major factor contributing to forced labor and other abuses.

Although the military and the government received complaints logged by the complaints mechanism, no military perpetrators have been tried in civilian court; the military asserted that commissioners and other ranks were subjected to military justice.

Prisoners in the country’s 48 labor camps engaged in forced labor (see section 1.c., Prison and Detention Center Conditions).

The ILO did not receive any verified reports of forced labor in the private sector. Domestic workers remain at risk of domestic slavery.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. In July parliament passed the Child Rights Law, which set the minimum age at 14 for work in certain sectors, including shops, establishments, and factories; the law establishes special provisions for “youth employment” for those older than 14. There is, however, no minimum age for work for all sectors in which children were employed, including agriculture and informal work. Some sector-specific laws identify activities that are prohibited for children younger than 18. The law prohibits employees younger than 16 from working in a hazardous environment, and the government has prepared a hazardous work list enumerating occupations in which child labor is specifically prohibited.

Trained inspectors from the Factories and General Labor Laws Inspection Department monitored the application of these regulations, but their legal authority only extends to factories. In addition, inspectors were hindered by a general lack of resources.

The Ministry of Labor worked with other ministries to collect better data on existing child labor and continued a campaign directed at parents to raise awareness of the risks of child labor and provide information on other education options available to children. The Ministry of Labor engaged with the Ministry of Education on two programs: one to bring children out of the workplace and put them in school, the other to support former child soldiers’ pursuit of classroom education or vocational training. The Labor Ministry supported vocational schools to train young workers for jobs in nonhazardous environments.

The ILO noted the widespread mobilization and recruitment of children for use in armed conflict. Penalties under the law and their enforcement for other child labor violations were insufficient to deter violations.

The government did not effectively enforce the law. Child labor remained prevalent and highly visible. Children were at high risk, with poverty leading some parents to remove them from schools before completion of compulsory education. In cities children worked mostly as street vendors or refuse collectors, as restaurant and teashop attendants, and as domestic workers. Children also worked in the production of garments.

Children often worked in the informal economy, in some instances exposing them to drugs and petty crime, risk of arrest, commercial sexual exploitation, and HIV/AIDS and other sexually transmitted infections (also see section 6).

Children were vulnerable to forced labor in teashops, agriculture, and begging. In rural areas children routinely worked in family agricultural activities, occasionally in situations of forced labor.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not specifically prohibit employment discrimination.

Women remained underrepresented in most traditionally male-dominated occupations (mining, forestry, carpentry, masonry, and fishing) and were effectively barred from certain professions.

There were reports government and private actors practiced anti-Muslim discrimination that impeded Muslim-owned businesses’ operations and undercut their ability to hire and retain labor, maintain proper working standards, and secure public and private contracts. There were reports of discrimination based on sexual orientation and gender identity in employment, including the denial of promotions and firing of LGBTI persons. Activists reported job opportunities for many openly gay and lesbian persons were limited and noted a general lack of support from society as a whole. Activists reported that in addition to general societal discrimination, persons with HIV/AIDS faced employment discrimination in both the public and private sectors, including suspensions and the loss of employment following positive results from mandatory workplace HIV testing.

e. Acceptable Conditions of Work

The official minimum daily wage was above the poverty line. The minimum wage covers a standard eight-hour workday across all sectors and industries and applies to all workers except for those in businesses with fewer than 15 employees. The law requires the minimum wage to be revised every two years. Labor unions and activists criticized the May 2018 raise in the minimum wage as too small for workers to keep up with the rising cost of living.

The law requires employers to pay employees on the date their salary is due for companies with 100 or fewer employees. For companies with more than 100 employees, the employer is required to pay employees within five days from the designated payday. Overtime cannot exceed 12 hours per workweek, should not go past midnight, and can exceed 16 hours in a workweek only on special occasions. The law also stipulates that an employee’s total working hours cannot exceed 11 hours per day (including overtime and a one-hour break). The law applies to shops, commercial establishments, and establishments for public entertainment.

The law sets the terms and conditions required for occupational safety, health, and welfare. It was not clear if workers could remove themselves from situations that endanger their health or safety without jeopardizing their employment.

The Ministry of Labor’s Factories and General Labor Laws Inspection Department oversees labor conditions in the private sector. The government did not effectively enforce the law. The number of labor-law inspectors and factory inspectors was insufficient to address occupational safety and health standards, wage, salary, overtime, and other issues adequately. In some sectors other ministries regulated occupational safety and health laws (e.g., the Ministry of Agriculture, Livestock, and Irrigation). Workers’ organizations alleged government inspections were rare and often announced with several days’ notice that allowed factory owners to bring facilities–often temporarily–into compliance. Corruption and bribery of inspectors reportedly occurred.

The public sector was reasonably likely to respect labor laws; frequent violations occurred in private enterprises. Workers continued to submit complaints to relevant government agencies and the dispute settlement mechanism.

Several serious industrial accidents occurred during the year. In April, for example, more than 50 miners died in an accident at a jade mine.

Cameroon

Executive Summary

Cameroon is a republic dominated by a strong presidency. The president retains the power over the legislative and judicial branches of government. In October 2018 Paul Biya was reelected president in an election marked by irregularities. He has served as president since 1982. His political party–the Cameroon People’s Democratic Movement (CPDM)–has remained in power since its creation in 1985. New legislative and municipal elections are scheduled to take place in February 2020. Regional elections were also expected during the year, but as of late November, the president had not scheduled them.

The national police and the national gendarmerie have primary responsibility over law enforcement and maintenance of order within the country and report, respectively, to the General Delegation of National Security and to the Secretariat of State for Defense in charge of the Gendarmerie. The army is responsible for external security but also has some domestic security responsibilities and reports to the Ministry of Defense. The Rapid Intervention Battalion (BIR) reports directly to the president. Civilian authorities at times did not maintain effective control over the security forces.

Maurice Kamto, leader of the Cameroon Renaissance Movement (CRM) party and distant runner-up in the October 2018 presidential elections, challenged the election results, claiming he won. On January 26, when Kamto and his followers demonstrated peacefully, authorities arrested him and hundreds of his followers. A crisis in the Anglophone Northwest and Southwest Regions that erupted in 2016 has led to more than 2,000 persons killed, more than 44,000 refugees in Nigeria, and more than 500,000 internally displaced persons. A five-day national dialogue to address the crisis took place from September 30 to October 4, producing a number of recommendations, including some new ones. Anglophone separatists in the Northwest and Southwest Regions as well as in the diaspora shunned the meeting. On October 3, President Biya announced the pardoning of 333 lower-level Anglophone detainees, and on October 5, the Military Tribunal ordered the release of Kamto and hundreds of his associates.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by security forces, armed Anglophone separatists, and Boko Haram and ISIS-West Africa (ISIS-WA) fighters; forced disappearances by security forces; torture by security forces and nonstate armed groups; arbitrary detention by security forces and nonstate armed groups; harsh and life-threatening prison conditions; political prisoners; significant problems with the independence of the judiciary; the worst forms of restrictions on freedom of expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, and abuse of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation; crimes involving violence against women, in part due to government inaction; violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; criminalization of consensual same-sex relations; and child labor, including forced child labor.

Although the government took some steps to identify, investigate, prosecute, and punish officials who committed human rights abuses, it did not do so systematically and rarely made the proceedings public. Some offenders, including serial offenders, continued to act with 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, but the government often restricted this right, explicitly or implicitly.

Freedom of Expression: Government officials penalized individuals or organizations that criticized or expressed views at odds with government policy. Individuals who criticized the government publicly or privately frequently faced reprisals. On several occasions, the government invoked laws requiring permits or government notification of public protests to stifle discourse. Many civil society and political organizations reported increased difficulty when obtaining approval to organize public gatherings.

In the early hours of February 23, police surrounded CRM headquarters in the Odza neighborhood of Yaounde and the New-Deido in Douala to prevent prospective activists from registering with the party. In other cities, such as Bafoussam and Mbouda in the West Region, security forces disrupted the registration process and arrested CRM activists. In Bafoussam, police seized CRM’s campaign truck and detained it along with its driver. On April 30, Zacheus Bakoma, the divisional officer for Douala 5, ordered a 90-day provisional closure of the Mtieki community hall after the CRM used the hall as a venue for a meeting on April 28.

Press and Media, including Online Media: Independent media were active and expressed diverse views. This landscape, however, included restrictions on editorial independence, in part due to stated security concerns related to the fight against Boko Haram, the Anglophone crisis, and the postelectoral crisis. Journalists reported practicing self-censorship to avoid repercussions for criticizing the government, especially on security matters. According to the 2018 Press Freedom Index by Reporters without Borders, the re-election of President Biya for a seventh term of office was accompanied by multiple instances of intimidation, attacks, and arrests of journalists.

Violence and Harassment: Police, gendarmes, and other government agents arrested, detained, physically attacked, and intimidated journalists for their reporting. Journalists were arrested in connection with their reporting on the Anglophone crisis. According to reports by multiple organizations, including the Committee to Protect Journalists (CPJ), police arrested Pidgin news anchor Samuel Wazizi, who worked for the Buea-based independent station Chillen Muzik and Television. The arrest occurred on August 2 in Buea, Southwest Region. Police initially held Wazizi at the Buea police station and subsequently handed him over to the military, who detained him on August 7 without access to his lawyer or family. As of late November, he was presumed to still be in detention.

Censorship or Content Restrictions: Under a 1990 law, the Ministry of Communication requires editors to submit two signed copies of their newspapers within two hours after publication. Journalists and media outlets reported practicing self-censorship, especially if the National Communication Council (NCC) had suspended them previously. In February the NCC issued a press release calling on journalists to be professional in their publications. The release was in reaction to media coverage following the January 26 protests called for by CRM, the arrests of hundreds of activists, including Maurice Kamto, and the ransacking of the Cameroonian embassy in Paris by anti-President Biya protesters. The NCC chairman indicated that the government had informed all professional media about the facts through official procedures and regretted that some press organizations continued to spread opinion contrary to government’s position, thereby maintaining confusion.

At its 23rd ordinary session, the NCC issued warning notices in 21 media regulation cases. The charges stated that the groups engaged in practices contrary to professional ethics, social cohesion, and national integration.

In a July 20 meeting with 100 private media outlet managers, Minister of Communications Rene Sadi chided Cameroon’s private media for abandoning its duty to “inform, educate, and entertain” by publishing articles that “sowed divisiveness and promoted tribalism.” He accused the private press of “playing politics under the influence of journalistic cover.” As of year’s end, no private television or radio station held a valid broadcasting license. Although the few that could afford the licensing fee made good-faith efforts to obtain accreditation, the ministry had not issued or renewed licenses since 2007. The high financial barriers coupled with bureaucratic hurdles rendered Cameroonian private media’s very existence illegal.

Libel/Slander Laws: Press freedom is constrained by libel laws that authorize the government to initiate a criminal suit when the president or other senior government officials are the alleged victims. These laws place the burden of proof on the defendant, and crimes are punishable by prison terms and heavy fines.

National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government. During a security meeting in Douala on August 9, Minister of Territorial Administration Paul Atanga Nji called on the representatives of NGOs and media professionals to be responsible, contribute their own quota to nation building, and avoid derogatory language that discredits government actions. Atanga Nji said many media houses in Douala organized weekly debates in order to sabotage government actions and promote secessionist tendencies. He urged private media organizations to exercise responsibility when carrying out their activities, warning them to construct, not destroy, the nation. He called on opposition political parties to respect the law and not to force his hand to suspend them. The minister also warned NGOs to respect the contract they signed with his ministry or be suspended.

Nongovernmental Impact: There were reports that separatist groups in the Southwest and Northwest Regions sought to inhibit freedom of expression, including for the press. In an August 13 online post, Moki Edwin Kindzeka, a Yaounde-based journalist, said it was becoming impossible for journalists to practice their profession, because they faced pressure from both separatist fighters and the government. The article was in reaction to Atanga Nji’s August 9 statements.

b. Freedoms of Peaceful Assembly and Association

The government limited and restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

Although the constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, at times the government restricted these rights. Growing concerns over the entry of armed groups into Cameroon from the Central African Republic (CAR) and the conflict with Boko Haram in the Far North Region appeared to have prompted the government to adopt a more restrictive approach to refugee movement. The government made it more difficult for refugees, asylum seekers, and stateless persons to move freely in the country.

In some instances, the government worked with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. The government sometimes failed to respect its obligations under relevant international laws. There were instances where it forcibly returned asylum seekers to their countries and did not readily provide humanitarian organizations such as the United Nations access to asylum seekers before refouling them.

In-country Movement: Using minor infractions as a pretext, police and gendarmes at roadblocks and checkpoints in cities and on most highways often extorted bribes and harassed travelers. Police frequently stopped travelers to check identification documents, vehicle registrations, and tax receipts as security and immigration control measures. Unaccompanied women were frequently harassed when traveling alone. Authorities restricted movements of persons and goods, including motorbikes, especially in the Northwest and Southwest Regions, citing security concerns. Armed Anglophone separatists also restricted the movements of persons and goods in the two Anglophone regions, sometimes in a deliberate attempt to harass and intimidate the local population. Humanitarian organizations cited difficulty in accessing certain areas and in some instances were harassed and denied passage by government authorities.

On June 14, Governor Adolphe Lele Lafrique of the Northwest Region lifted the curfew placed in the region since November 2018. The curfew, which lasted eight months, restricted movement of persons and property in the Northwest Region between 9 p.m. and 6 a.m.

f. Protection of Refugees

According to UNHCR and government estimates, the country hosted 403,208 refugees and 9,435 asylum seekers as of September 30. The refugee population included 291,803 CAR nationals, 108,335 Nigerians, and 1,599 Chadians. The remaining refugee population hailed from Rwanda, the Democratic Republic of Congo, Sudan, Cote d’Ivoire, Burundi, and the Republic of Congo.

In principle, Cameroon operates an open-door policy and has ratified the major legal instruments for refugee protection, including the 1951 Refugee Convention. These commitments were not translated into a progressive legal framework allowing refugees their rights as stated in various legal instruments.

Abuse of Migrants, Refugees, and Stateless Persons: The government cited other concerns, including security and suspicion of criminal activity, to justify arbitrary arrests and detention of refugees and asylum seekers. The government at times cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Refoulement: The government stated there was no official policy of forcibly repatriating refugees. On January 16, however, Cameroon forcefully returned 267 Nigerian refugees fleeing Boko Haram to northeast Nigeria. In a February 27 statement, Medicins Sans Frontieres stated Cameroonian and Nigerian authorities ordered 40,000 refugees in Cameroon to return to northeast Nigeria and expressed concern over their possible fate due to continuing insecurity in Rann and a lack of humanitarian assistance. Tens of thousands of persons had fled the town of Rann in northeast Nigeria to Cameroon after a January attack by Islamist insurgents. In 2018 UNHCR and NGOs also reported cases of forced returns of asylum seekers, mostly of Nigerians. According to HRW, in 2017 more than 4,400 asylum-seeking Nigerians were forcibly returned to Nigeria. UNHCR reported that 1,300 were forcibly returned in 2018 and an estimated 600 in 2019. In February an estimated 40,000 Nigerian refugees who had fled to Cameroon in the wake of armed attacks were soon after returned to Nigeria, after Nigerian government officials advised that conditions were safe for their return. Humanitarian organizations, however, stated the conditions were unsafe for return and that the area was largely inaccessible to relief agencies.

Access to Asylum: The laws provide for granting asylum or refugee status, and the government has established a system of providing protection to refugees, but the implementation of this system is less likely. UNHCR continued to provide documentation and assistance to the refugee population. Nevertheless, local authorities did not always recognize these documents as official, which prevented refugees from travelling and engaging in business activities. UNHCR and the government continued to conduct biometric verification and registration of refugees in the Far North Region, including of those not living in a refugee camp.

Access to Basic Services: Refugees had limited access to health care, education, and employment opportunities. Their rural host communities faced similar challenges, but the situation was somewhat worse for refugees. Access to these services varied according to the location of the refugees, with those in camps receiving support through humanitarian assistance, while refugees living in host communities faced difficulty receiving services.

Durable Solutions: UNHCR and the governments of Cameroon and Nigeria started the voluntary repatriation of Nigerian refugees in Cameroon as agreed upon under the 2017 tripartite agreement. The first phase of the voluntary repatriation exercise was conducted on August 22, and involved 133 Nigerian refugees, who departed Maroua for Yola in Nigeria’s Adamawa State, using a Nigerian Air Force plane.

In June 2018 UNHCR carried out return intention surveys using a sample of 4,000 CAR refugees that indicated that approximately one quarter of those surveyed would be interested in going back home, while three quarters would prefer local integration as a durable solution. As of year’s end, UNHCR had assisted more than 2,000 CAR refugees who elected to voluntary return to their areas of origin.

Temporary Protection: The government provided temporary, unofficial protection to individuals who may not qualify as refugees, extending this protection to hundreds of individuals during the year, including third-country nationals who had fled violence in CAR. Due to their unofficial status and inability to access services or support, many of these individuals were subject to harassment and other abuses.

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 corruption by officials, but the government did not implement the law effectively. The penal code identifies different offenses as corruption, including influence peddling, involvement in a prohibited employment, and nondeclaration of conflict of interest. Reporting of corruption was encouraged through exempting whistleblowers from criminal proceedings. Corruption in official examinations is punishable by up to five years’ imprisonment, fines up to two million CFA francs ($3,400), or both. There were reports that senior officials sentenced to prison were not required to forfeit ill-gotten gains.

In 2018 the National Anticorruption Commission instituted a toll-free number to encourage citizens to denounce acts of corruption of which they were victims or witnesses. In addition, there were a number of organizations who joined a common platform known as the National Platform of Cameroonian Civil Society Organizations, which under the 2018 Finance Law was provided a budget of 150 million CFA francs ($255,000).

Corruption: The results of the 2019 competitive examination into the National School of Administration and Magistracy highlighted unethical practices surrounding the organization of public service examinations. Anecdotal reports suggested most successful candidates either hailed from specific localities or were sponsored by or related to senior-level government officials, to the detriment of ordinary candidates.

The government continued Operation Sparrow Hawk that was launched in 2006 to fight embezzlement of public funds. As in the previous year, the Special Criminal Court opened new corruption cases and issued verdicts on some pending cases. On March 8, the court placed former defense minister Edgar Alain Mebe Ngo’o and his wife in pretrial detention at the Yaounde Kondengui Central Prison. Authorities accused them of financial malpractices associated with the purchase of military equipment for the army, from the time Mebe Ngo’o served as minister of defense.

Financial Disclosure: The constitution requires senior government officials, including members of the cabinet, to declare their assets prior to and after leaving office, but the government had not implemented it since its promulgation in 1996.

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

A number of domestic and international human rights groups investigated and published findings on human rights cases. Government officials impeded the effectiveness of many local human rights NGOs by harassing their members, limiting access to prisoners, refusing to share information, and threatening violence against NGO personnel. Human rights defenders and activists received anonymous threats by telephone, text message, and email. The government took no action to investigate or prevent such occurrences. The government at times denied international organization access to the country. The government criticized reports from international human rights organizations, including Amnesty International, HRW, and the International Crisis Group, accusing them of publishing baseless accusations. On April 12, for example, officials at Douala International Airport refused entry to an HRW researcher, even though she held a valid visa.

There were several reports of intimidation, threats, and attacks aimed at human rights activists including members of the REDHAC and the Network of Cameroonian Lawyers against the Death Penalty, among others. A female human rights advocate was sexually assaulted by an armed man who warned her to stop harassing the government.

The United Nations or Other International Bodies: In May UN High Commissioner for Human Rights Michelle Bachelet visited Cameroon, at the invitation of the Cameroonian government, to evaluate progress made in the protection and promotion of human rights. Bachelet expressed concern to the government over the shrinking of civic space in Cameroon.

Government Human Rights Bodies: In June the government passed a law establishing the Cameroon Human Rights Commission (CHRC), as a replacement for the existing NCHRF. Like the NCHRF, the CHRC is a nominally independent but government-funded institution. The law establishing the CHRC extended its missions to protect human rights, incorporating provisions of Articles 2 and 3 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The CHRC did not become operational during the year, because the president had not yet designated its members. The NCHRF continued to operate in its place. It coordinated actions with NGOs, visited some prisons and detention sites, and provided human rights education. NGOs, civil society, and the general population considered the NCHRF dedicated and effective, albeit inadequately resourced and with insufficient ability to effectively hold human rights violators to account. A number of observers questioned the decision to establish a new institution and expressed concerns about its ability to confront the government that funds it.

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 rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes. This does not apply to multiple groups of workers, including defense and national security personnel, prison administration civil servants, and judicial and legal personnel. The law also prohibits antiunion discrimination and requires the reinstatement of workers fired for union activity. Statutory limitations and other practices substantially restricted these rights. The law does not permit the creation of a union that includes both public- and private-sector workers, or the creation of a union that includes different, even if closely related, sectors. The law requires that unions register with the government, have a minimum of 20 members, and formalize the union by submitting a constitution and by-laws. Founding members must also have clean police records. Those who form a union and carry out union activities without registration can be fined under the law. More than 100 trade unions and 12 trade union confederations were in operation, including one public-sector confederation. Trade unions or associations of public servants may not join a foreign occupational or labor organization without prior authorization from the minister responsible for “supervising public freedoms,” currently the minister of territorial administration.

The constitution and law provide for collective bargaining between workers and management, as well as between labor federations and business associations in each sector of the economy. The law does not apply to the agricultural or informal sectors, which included the majority of the workforce.

Legal strikes or lockouts may be called only after conciliation and arbitration procedures have been exhausted. Workers who ignore procedures to conduct a legal strike may be dismissed or fined. Free Industrial Zones are subject to some labor laws; however, there are several exceptions. The employers have the right to determine salaries according to productivity, the free negotiation of work contracts, and the automatic issuance of work permits for foreign workers.

The government and employers did not effectively enforce the applicable legislation on freedom of association and the right to collective bargaining. Penalties for violations were rarely enforced and were ineffective as a deterrent. Administrative judicial procedures were infrequent and subject to lengthy delays and appeals.

Collective agreements are binding until after a party has given three months’ notice to terminate. Unlike in the previous year, there were no reported allegations that the minister of labor and social security negotiated collective agreements with trade unionists who had nothing to do with the sectors concerned and did not involve trade union confederations that prepared the draft agreements. The government continued to undermine the leadership of the Cameroon Workers Trade Union Confederation (CSTC), one of 12 trade union confederations elected in 2015.

Despite multiple complaints by CSTC’s elected leadership, the government continued to work with former leaders. In June for example, the minister of labor reportedly included Celestin Bama, a member of the former leadership team, as CSTC’s representative in the Cameroonian delegation to the International Labor Conference in Geneva. The International Trade Union Confederation worked with CSTC’s legitimate leadership for its 4th Congress held in Copenhagen, Denmark, in early December 2018.

Trade unionists reported some company officials disregarded labor legislation and prohibited the establishment of trade unions in their companies. They cited the examples of Sarsel and Harjap, two Lebanese-owned businesses based in Douala, as well as several small- and medium-sized Cameroonian companies. Unlike in 2018, there were no reported allegations that some companies retained 1 percent of unionized workers’ salaries as union dues but refused to transfer the money to trade unions.

Many employers used subcontractors to avoid hiring workers with bargaining rights. Workers’ representatives said most major companies, including parastatal companies, engaged in the practice, citing the electricity company Energy of Cameroon, the water company Camerounaise des Eaux, cement manufacturer Cimencam, Guinness, Aluminum Smelter (Alucam), COTCO, Ecobank, and many others. Subcontracting was reported to involve all categories of personnel, from the lowest to senior levels. As a result, workers with equal expertise and experience did not always enjoy similar advantages when working for the same business, and subcontracted personnel typically lacked a legal basis to file complaints.

Several strikes were announced during the year. Some were called off after successful negotiation, and some were carried out peacefully, while others faced some degree of repression.

On July 31, the Free National Union of Dockers and Related Activities of Cameroon embarked on a peaceful and lawful strike at the port of Douala. The striking workers demanded improved working conditions, including the effective implementation of a presidential decree of January 24 that offered them hope for better conditions of employment and work. Port officials allegedly called police and administrative authorities to the scene shortly after the start of the strike. They threatened the striking workers with dismissal if they did not return to work and arrested Jean Pierre Voundi Ebale, the elected leader of the dockers’ union, and two other members of the union, Guialbert Oumenguele and Elton Djoukang Nkongo. The senior divisional officer for Wouri placed them on a renewable two-week administrative custody at the Douala Central Prison. Voundi Ebale and his codetainees were released on September 1, after one full month of detention, reportedly on banditry-related charges.

As of November 30, the government delegate to the Douala City Council had not implemented a September 2017 decision of the Littoral Court of Appeal’s Labor Arbitration Council requesting the delegate to reinstate the 11 workers’ representatives he suspended in April 2017. The delegate instead opposed the court decision and referred the issue back to the labor inspector, who once again referred it to the region’s Court of Appeal. After multiple postponements, the court on October 29 confirmed the initial decision to reinstate the workers’ representatives and pay their salaries and outstanding arrears.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit all forms of forced and compulsory labor. The law prohibits slavery, exploitation, and debt bondage and voids any agreement in which violence was used to obtain consent. Penalties would have likely been sufficient to deter violations if enforced. The law also extends culpability for all crimes to accomplices and corporate entities. Although the statutory penalties are fairly severe, the government did not enforce the law effectively, in part due to a lack of capacity to investigate trafficking and limited labor inspection and remediation resources. In addition, due to the length and expense of criminal trials and the lack of protection available to victims participating in investigations, many victims of forced or compulsory labor resorted to accepting an out-of-court settlement.

There continued to be anecdotal reports of hereditary servitude imposed on former slaves in some chiefdoms in the North Region. Many members of the Kirdi–whose ethnic group practiced predominately Christian and traditional faiths and who had been enslaved by the Muslim Fulani in the 1800s–continued to work for traditional Fulani rulers for compensation, in room and board and generally a low and unregulated salary, while their children were free to pursue schooling and work of their choosing. Kirdi were also required to pay local chiefdom taxes to the Fulani, as were all other subjects. The combination of low wages and high taxes (although legal) effectively constituted forced labor. While technically free to leave, many Kirdi remained in the hierarchical and authoritarian system because of a lack of viable options.

Anecdotal reports suggested that in the South and East Regions, some Baka, including children, continued to be subjected to unfair labor practices by Bantu farmers, who hired the Baka at exploitive wages to work on their farms during the harvest seasons.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and sets 14 as the minimum age of employment. The law prohibits children from working at night or longer than eight hours per day. It also outlines tasks children younger than 18 cannot legally perform, including moving heavy objects, undertaking dangerous and unhealthy tasks, working in confined areas, and prostitution. Employers are required to provide skills training to children between ages 14 and 18. Because compulsory education ends at age 12, children who were not in school and not yet 14 were particularly vulnerable to child labor. Laws relating to hazardous work for children younger than 18 are not comprehensive, since they do not include prohibitions on work underwater or at dangerous heights. Children engaged in hazardous agricultural work, including in cocoa production. The government in 2018 earmarked funds for the Ministry of Labor and Social Security to revise the hazardous work list. There were no reported developments or progress achieved as of late November. The law provides penalties ranging from fines to imprisonment for those who violate child labor laws. These penalties likely would have been sufficient to deter violations, if enforced.

Children worked in agriculture, where they were exposed to hazardous conditions, including handling heavy loads, machetes, and agricultural chemicals. Children worked in mining, where they carried heavy loads and were exposed to dangerous conditions. Children worked as street vendors and in fishing, where they were exposed to hazardous conditions. Children in these sectors mainly worked alongside families and not under formal employers. Children were subjected to forced begging as talibes in Quran schools. Children were recruited or coerced by armed groups to work as porters, scouts, cooks, and child soldiers.

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 contains no specific provisions against discrimination, but the constitution in its preamble provides that all persons shall have equal rights and obligations and that every person shall have the right and the obligation to work.

Discrimination in employment and occupation allegedly occurred with respect to ethnicity, HIV status, disability, gender, and sexual orientation, especially in the private sector. Ethnic groups often gave preferential treatment to members of their respective ethnic group in business and social practices, and persons with disabilities reportedly found it difficult to secure and access employment. There were no reliable reports of discrimination against internal migrant or foreign migrant workers, although anecdotal reports suggested such workers were vulnerable to unfair working conditions. The government took no action to eliminate or prevent discrimination and kept no records of incidents of discrimination.

e. Acceptable Conditions of Work

The minimum wage in all sectors was greater than the World Bank’s international poverty line. Premium pay for overtime ranged from 120 to 150 percent of the hourly rate, depending on the amount of overtime and whether it is weekend or late-night overtime. Despite the minimum wage law, employers often negotiated with workers for lower salaries, in part due to the extremely high rate of underemployment in the country. Salaries lower than the minimum wage remained prevalent in the public-works sector, where many positions required unskilled labor, as well as in domestic work, where female refugees were particularly vulnerable to unfair labor practices.

The law establishes a standard workweek of 40 hours in public and private nonagricultural firms and a total of 2,400 hours per year, with a maximum limit of 48 hours per week in agricultural and related activities. There are exceptions for guards and firefighters (56 hours per week), service-sector staff (45 hours per week), and household and restaurant staff (54 hours per week). The law mandates at least 24 consecutive hours of weekly rest.

The government sets health and safety standards in the workplace. The minister in charge of labor issues establishes the list of occupational diseases in consultation with the National Commission on Industrial Hygiene and Safety. These regulations were not enforced in the informal sector. The labor code also mandates that every enterprise and establishment of any kind provide medical and health services for its employees. This stipulation was not enforced.

The Ministry of Labor and Social Security is responsible for national enforcement of the minimum wage and work hour standards, but it did not enforce the law. Ministry inspectors and occupational health physicians are responsible for monitoring health and safety standards, but the ministry lacked the resources for a comprehensive inspection program. The government more than doubled the total number of labor inspectors, but the number of labor inspectors was still insufficient. Moreover, the government did not provide adequate access to vehicles or computers, hampering the effectiveness of the inspectors.

Greece

Executive Summary

Greece is a constitutional republic and multiparty parliamentary democracy. Legislative authority is vested in a unicameral parliament, which approves a government headed by a prime minister. On July 7, the country held parliamentary elections that observers considered free and fair. A government formed by the New Democracy party headed by Prime Minister Kyriakos Mitsotakis leads the country.

Police are responsible for law enforcement, border security, and the maintenance of order. They are under the authority of the Ministry of Citizen Protection. The same ministry undertook responsibility for prison facilities after the formation of the newly elected government in 2019. The Coast Guard is responsible for law and border enforcement in territorial waters and reports to the Ministry of Maritime Affairs and Island Policy (renamed the Ministry of Shipping and Island Policy under the new government). The armed forces are under the authority of the Ministry of National Defense. Police and the armed forces share law enforcement duties in certain border areas. Civilian authorities maintained effective control over the police, Coast Guard, and armed forces, and the government had effective mechanisms to investigate and punish abuse.

Significant human rights issues included: unsafe conditions for detainees and staff in prisons; criminalization of libel; allegations of refoulement of refugees; gender-based violence against refugee women and children; acts of corruption; and crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender or intersex (LGBTI) persons.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, whether in the security services or elsewhere in the government.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The constitution and law protect freedom of expression but specifically allow restrictions on speech inciting discrimination, hatred, or violence against persons or groups based on their race, skin color, religion, descent, national or ethnic origin, sexual orientation, gender identity, or disability, or who express ideas insulting to persons or groups on those grounds.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. On June 10, the government passed legislation requiring vendors who sell print media to stock and display all Greek newspapers and magazines. Penalties for those intentionally breaking the law range from one year’s imprisonment to a fine from 5,000 to 50,000 euros ($5,500 to $55,000). For repeated offenders, the penalty can increase to two years or more in prison.

Violence and Harassment: Journalists were subjected to physical attack, harassment, or intimidation due to their reporting in at least 10 instances. On April 7, a riot police officer in Idomeni, near the border with North Macedonia, kicked a photojournalist covering a migrant protest and later struck the photojournalist in the face and head with his shield. The government and journalist unions condemned the attacks. Seven attacks were led by members of far-right groups who targeted reporters and photojournalists covering rallies protesting the Prespa Agreement between Greece and North Macedonia. Anarchists led other attacks, once torching a journalist’s car at her residence and on December 5, pelting a television crew stationed near the Athens University of Economics and Business with paint. There were no reports of police detentions in these incidents.

Censorship or Content Restrictions: The government did not censor media. The government maintains an online register with the legal status of local websites, their number of employees, detailed shareholder information, and the tax office they fall under. Once registered, these websites are accredited to accept funding through state advertising, to cover official events, and to benefit from research and training programs of the National Center of Audiovisual Works. All registered websites had to display their certification on their homepage. Although registering was an open and nonobligatory process, outlets failing to do so could be excluded from the accreditation benefits. On April 15, the government launched a similar electronic registry for regional and local press.

Libel/Slander Laws: The law provides criminal penalties for defamation. A law passed February 26 clarifies that individuals convicted of crimes cannot claim slander for discussion of those crimes. This law also removes the provision requiring journalists to appear immediately before a court, or wait in jail until the court opened, in the case they were accused of libel, a provision that had been abused by politicians to intimidate journalists. On February 13, a court convicted then alternate health minister Pavlos Polakis for slander against a deceased reporter whom he had accused of taking bribes from the Hellenic Center for Disease Control and Prevention. The court ordered the alternate health minister to pay financial damages to the journalist’s family. The government abolished blasphemy laws, effective on July 1.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Undocumented migrants arriving at Greek islands were subjected to special border reception and registration procedures and were not allowed to leave registration centers for up to 25 days. After this period, undocumented migrants remaining in those facilities were generally allowed to enter and exit but were prohibited from travelling to the mainland unless they filed asylum applications deemed admissible by the asylum authorities or were identified as “vulnerable.” This group included unaccompanied minors; persons with disabilities; the elderly; pregnant women or those who recently gave birth; single parents with young children; victims of torture, shipwrecks, and other trauma; and victims of human trafficking. Once asylum applications were filed, found admissible, and in process, migrants could move to an accommodation center on the mainland, space permitting. There was no restriction on movement in or out of the mainland accommodation centers. As of September, however, no facilities were available on the mainland even though approximately 7,000 migrants had been deemed vulnerable. The government made efforts to increase placements in the mainland and decongest the island reception and registration facilities, but a steady flow of arrivals, which accelerated during the summer and fall, caused severe overcrowding.

Some local and international NGOs reiterated criticism of the government’s practice of confining asylum seekers to the islands for initial processing exceeding 25 days.

Unaccompanied minors were placed under “protective custody” due to lack of space in specialized shelters (see section 1, Prison and Detention Center Conditions, Physical Conditions).

f. Protection of Refugees

During the year the flow of migrants and asylum seekers to the country from Africa, Asia, and the Middle East continued. As of December 16, UNHCR figures indicated 109,000 migrants and asylum seekers resided throughout the country.

On November 1, parliament amended the asylum legislation. The new rules are designed to speed up decision making on asylum applications and to increase the number of rejected applicants returned to Turkey or to their country of origin. The law, which will take effect on January 1, 2020, establishes extended periods of detention for asylum seekers; ties the treatment of asylum applications to the applicants’ cooperation (or lack thereof) with authorities; alters the appeals committees so they consist exclusively of judges, dropping a position held by a UNHCR designate; requires appeals to be filed and justified through court briefs instead of standardized documents; eliminates “post-traumatic stress disorder” as a factor that would make a refugee considered “vulnerable” and therefore ineligible to be returned to Turkey if their asylum application is denied; and codifies that rejected asylum applicants should immediately return to Turkey or their country of origin. UNHCR, as well as local and international NGOs, including the Greek National Commission for Human Rights, Human Rights Watch, the Greek Council for Refugees (GCR), the MSF, and many others, argued the law emphasized returns over protection and integration, put an excessive burden on asylum seekers, focused on punitive measures, and introduced tough requirements an asylum seeker could not reasonably be expected to fulfill.

Abuse of Migrants, Refugees, and Stateless Persons: According to a wide range of credible sources, including international organizations and NGOs, authorities did not always provide adequate security or physical protection to asylum seekers, particularly those residing in RICs. The RVRN recorded 51 incidents involving racially motivated verbal and physical violence against refugees and migrants in 2018 (Also see section 6, National/Racial/Ethnic Minorities.)

The separation and protection of vulnerable groups was not implemented at some sites. On February 9, the MSF reported that a 20-year-old male Yazidi refugee at the RIC in Fylakio, Evros, was living in a container with his visually impaired sister, his female cousin suffering from mental health problems, and three unrelated men. Media reported incidences of violence involving asylum seekers, including gender-based violence. On January 8, local and international media reported Oxfam’s findings that asylum-seeking and refugee women were wearing diapers at night for fear of leaving their tents to go to the bathroom. In its report for the rights of “children on the move” in Greece, issued on June 14, the ombudsman noted that children at the RIC in Lesvos were at risk of sexual abuse and exploitation, rape, and assault. The report stated many parents of children, especially single parents, were reluctant to queue for hours for food because they were afraid to expose their children to the risk of violence and sexual abuse. Cases of trading food in exchange for sex were also reported to the ombudsman. On April 11, PACE expressed serious concern regarding the humanitarian situation and the poor security of asylum seekers at RICs on the Greek islands as well as in centers on the mainland.

On January 23, a court in Thessaloniki sentenced a 50-year-old Iraqi man to 20 years’ imprisonment for raping his 16-year-old daughter at a reception facility in Serres.

Refugee and migrant women who were victims of gender-based violence were legally eligible for temporary shelter in government-run homes and for legal and psychosocial assistance, but few of them reported abuse. Some NGO representatives reiterated findings from previous years that even after reporting rapes to the authorities, some victims continued residing in the same camp with the perpetrators.

NGOs noted inadequate medical and psychological care for refugees and asylum seekers, especially in the six RICs, mainly attributed to the government’s inability to hire medical doctors willing to serve in such facilities. Even when the government significantly increased the salaries and reissued calls for recruitment, medical doctors expressed minimal interest.

On February 8, a Communist Party delegation visit to the reception facility in Katsikas, Epirus, noted the absence of medical care, especially for women, newborns, and children, according to media reports.

NGOs also noted inadequate psychological care for refugees and asylum seekers, especially in the six RICs. The MSF reported that 25 percent of the children they worked with in the Moria RIC on Lesvos Island from February to June had either self-harmed, attempted suicide, or had thought about committing suicide.

The government cooperated with UNHCR, the IOM, and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Refoulement: The government provided some protection against the expulsion or return of asylum seekers to countries in which their lives or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion. On October 31, in a unanimous decision, the Supreme Court ruled that Iranian Sharareh Khademi should not be extradited to her country of origin as this would pose an “immediate risk to her life.” The court annulled the decision of a lower-level court that had ruled in favor of the extradition. Khademi and her daughter were victims of domestic violence by an abusive husband and father.

On June 19, the GCR announced it had filed a complaint with the Supreme Court that migrants and asylum seekers were being forced back across the border into Turkey from northeastern Evros in Greece. The GCR stated it had evidence backing the claims of several migrants and asylum seekers who said they were forced back. The GCR reported it had filed three lawsuits on behalf of six Turkish nationals, including a child, who claimed that local authorities had exercised violence to force them back into Turkey. Reportedly, one of the young women, forced back to Turkey, was arrested and taken to a Turkish prison. The GCR noted that despite the growing number of alleged pushbacks, there was no official government reaction.

On June 8, the group Racist Crimes Watch filed a complaint against Hellenic Police in Didimoticho, northern Greece, alleging local police staff beat with batons and fired plastic bullets at a 35-year-old Iraqi national and two Egyptian nationals, ages 18 and 26, prior to forcing them back to Turkey.

On May 5, media reported a letter addressed by the then minister for citizen protection Olga Gerovassili to the UNHCR representative in Greece in response to concerns about pushbacks in the Evros area by security officers. After an investigation, the then minister wrote that the alleged incidents were not proven true. She also noted the absence of any such reporting by Frontex officers who assist the Greek border police in their work. From January to April, police arrested 3,130 third-country nationals in the areas of Orestiada and Alexandroupolis.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing legal protection to refugees through an autonomous asylum service under the authority of the Ministry of Migration Policy. Following the July 7 elections, the Ministry for Migration Policy was folded into the Ministry for Citizen Protection. The law requires that applicants have access to certified interpreters and allows applicants to appeal negative decisions and remain in the country while their appeals are examined.

Authorities worked with NGOs, international organizations, and the European Asylum Support Office to inform undocumented migrants awaiting registration in the asylum system, as well as non-EU foreign national detainees, about their rights, asylum procedures, and the IOM-assisted voluntary return programs. UNHCR assisted the government with briefings and distribution of multilingual leaflets and information packages on asylum and asylum procedures.

Human rights activists and NGOs working with asylum applicants reported long waits of up to two years for decisions due to time-consuming processes, pre-existing backlogs in the appeals process, and a limited number of appeals committees. Access to the asylum process for persons detained in predeparture centers was also a concern. In its annual report for 2018, the Greek ombudsman reported his office continued to receive complaints from asylum applicants about difficulties in scheduling an appointment and connecting with the Asylum Service system via Skype, especially in Athens and in Thessaloniki. On May 6, local media reported the Greek Asylum Service had a backlog of more than 62,000 cases while an estimated 5,500 new applications were submitted yearly by new entrants.

According to the Asylum Information Database report for 2018, published by GCR on April 21, the average period between preregistration and full registration was 42 days in 2018. The average processing time at first instance was reported at approximately 8.5 months in 2018. Approximately 80 percent of the 58,793 applicants with pending applications at the end of 2018 had not had an interview with the asylum service.

Major delays frequently occurred in the identification of vulnerable persons on the islands, due to a significant lack of qualified staff, which also impacted the asylum procedure.

Asylum applicants from countries other than Syria complained that their asylum applications were delayed while Syrian applications were prioritized. NGOs, international organizations, and human rights activists also reiterated concerns about the lack of adequate staff and facilities; insufficient welfare, integration, counseling, legal, and interpretation services; discrimination; and detention under often inadequate and overcrowded conditions inside the RICs.

Safe Country of Origin/Transit: The country adheres to the Dublin III Regulation, according to which authorities may return asylum seekers to the EU member state of first entry for adjudication of asylum claims.

According to the 2016 joint EU-Turkey statement, every undocumented migrant crossing from Turkey into the Greek islands would be confined to a RIC for up to 25 days, during which time the individual would have the opportunity to apply for asylum in Greece. Individuals opting not to apply for asylum or whose applications were deemed unfounded or inadmissible would be returned to Turkey (see also section 2.d., Freedom of Movement).

Employment: Recognized refugees and holders of asylum-seeker papers were entitled to work, although this right was not widely publicized or consistently enforced. In 2018 the managing board of the Greek Manpower Organization extended the right to register for official unemployment to asylum seekers and refugees residing in shelters or with no permanent address, allowing them to benefit from training programs and state allowances.

Access to Basic Services: Legally, services such as shelter, health care, education, and judicial procedures are granted to asylum seekers in possession of a valid residency permit; however, staffing gaps, a lack of interpreters, and overcrowded reception sites limited certain asylum seekers’ access to these services. On July 13, the minister for labor and social affairs revoked a June 20 ministerial decree signed by his predecessor that simplified the process for asylum seekers to be granted a social security number (AMKA). The minister argued that the system of granting AMKAs would be re-examined, as it was abused by foreign nationals who should not have received a number. Several NGOs reported problems in securing access for asylum-seeking individuals to basic services, including treatment for chronic diseases. Legal assistance was limited and was offered via NGOs, international organizations, volunteer lawyers, and bar associations.

RICs on islands and in the Evros region continued to be overcrowded, with inadequate shelter, health care, wash facilities, and sewer connections creating security and health concerns. Housing conditions at reception facilities elsewhere on the mainland were generally better, although at times overcrowding hindered access to services. Due to a lack of space, the government in September opened temporary camps on the mainland, providing six-person tents to hundreds of migrants.

Unaccompanied minors living in “protective custody” in police stations had limited or no access to health care or medical services. As of November 30, according to the country’s National Center for Social Solidarity (EKKA), there were 257 unaccompanied children in protective custody (see section 1.c., Prison and Detention Center Conditions, Physical Conditions).

Many vulnerable asylum-seeking individuals were eligible to be sheltered in apartments via a housing framework implemented by UNHCR in cooperation with some NGOs and local municipalities. Conditions in the apartments were significantly better than in reception facilities.

Administrative and facility management staff in reception centers were usually permanent state employees, eight-month government-contracted personnel, and staff contracted by NGOs and international organizations. Media reported cases, especially on the islands, in which assigned staff were inadequate or improperly trained. On June 6, media reported that 40 employees from the Asylum Service offices in Attica, Korinthos and Patras attended a training seminar on statelessness, the Dublin Treaty, and gender-based violence to handle asylum cases more efficiently.

Everyone in the country is entitled to emergency medical care, regardless of legal status. Medical volunteers, NGO-contracted doctors, the Hellenic Center for Disease Control and Prevention, and army medical doctors provided basic health care in reception centers, referring emergencies and complex cases to local hospitals, which were often overburdened and understaffed. Some individuals suffering from chronic diseases continued to encounter problems obtaining proper medication. Pregnant women in Evros reception and detention facilities continued facing problems in accessing proper medical and prenatal care.

The government failed to identify asylum seekers with nonvisible vulnerabilities, such as victims of torture and trafficking victims, due to gaps and shortages in skilled staff, including medical doctors, at the RICs, several NGOs reported. On January 1, the government officially launched a multidisciplinary national referral mechanism (NRM), which included appropriate standard operating procedures and referral forms. The NRM required first responders to inform and coordinate with the EKKA, when potential victims were identified for care and placement.

Durable Solutions: Refugees may apply for naturalization after three years of residence in the country as a recognized refugee. The government continued to process family reunification applications for asylum seekers with relatives in other countries. The IOM offered voluntary returns to rejected asylum seekers and those who renounced their asylum claims.

Temporary Protection: As of September 30, the government provided temporary protection to approximately 2,578 individuals who may not qualify as 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, but the government did not always implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. Permanent and ad hoc government entities charged with combating corruption were understaffed and underfinanced. On July 17, law enforcement authorities arrested six medical doctors, three nurses, and an interpreter working at the hospital on Samos Island who allegedly sold bogus medical certificates to asylum seekers to facilitate their transfer to the mainland on health grounds. Hospital authorities noticed that many of the certificates issued were identical and referred to cases and conditions that were not usually dealt with at the hospital.

On August 7, parliament passed legislation establishing a unified transparency authority by transferring the powers and responsibilities of public administration inspection services to an independent authority.

Corruption: Reports of official corruption continued. On January 16, a criminal court in Athens found 20 former government officials, private businessmen, and shipyard officials guilty of bribery and money laundering over a contract for the construction of four submarines by a foreign company at the Skaramangas shipyards. Among those convicted were a former defense ministry official and a French-Swiss banker. The court imposed suspended jail sentences ranging from five to 20 years for all but one defendant.

The government intensified efforts to combat tax evasion by increasing inspections and crosschecks among various authorities and by engaging in more sophisticated types of verifications of undeclared income, such as the use of surveillance drones over popular islands to make sure tour boat operators provide receipts to visitors. Furthermore, monthly lotteries offer taxpayers rewards of 1,000 euros ($1,100) for using payment cards in their daily transactions. Media reported allegations of tax officials complicit in individual and corporate tax evasion.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials, including private-sector employees such as journalists, and heads of government-funded NGOs. Several agencies are mandated to monitor and verify disclosures, including the General Inspectorate for Public Administration, the police internal affairs bureau, the Piraeus appeals prosecutor, and an independent permanent parliamentary committee. Declarations were made publicly available, albeit with delays. The law provides for administrative and criminal sanctions for noncompliance. Penalties range from two to 10 years’ imprisonment and fines from 10,000 to one million euros ($11,000 to $1.1 million).

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases, with the exception of restricted access to reception and detention facilities for migrants on the islands and–in certain circumstances–to official camps on the mainland. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman, a state body considered independent and effective, investigated complaints of human rights abuses by individuals. Five deputy ombudsmen dealt with human rights, children’s rights, citizen-state relations, health and social welfare, and quality of life problems, respectively. The office received adequate resources to perform its functions. In its 2018 annual report, the office reported it received 15,644 complaints, of which 72 percent were satisfactorily resolved.

The autonomous, state-funded National Commission for Human Rights (NCHR) advised the government on protection of human rights. The NCHR was considered independent, effective, and adequately resourced. On April 4, the head of the NCHR, Giorgos Stavropoulos, resigned in protest after the government added five members from the LGBTI community and two from the Romani community to the 25-member NCHR board. Stavropoulos asserted that the increase violated “the principle of equality,” as other member organizations had only one vote.

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

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

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

There are legal restrictions on strikes, including a mandatory four-day notification requirement for public-utility and transportation workers and a 24-hour notification requirement for private-sector workers. The law mandates minimum staff levels during strikes affecting public services. The law also gives authorities the right to commandeer services in national emergencies through civil mobilization orders. Anyone receiving a civil mobilization order is obliged to comply or face a prison sentence of at least three months. The law exempts individuals with a documented physical or mental disability from civil mobilization. The law explicitly prohibits the issuance of civil mobilization orders as a means of countering strike actions before or after their proclamation. The law also requires at least half of the members of a first-level union to endorse a strike for it to be held.

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

There were some reports of antiunion discrimination. On August 18, the Corfu-based Union of Hotel Employees protested the dismissal of a hotel employee who had successfully claimed some of his unpaid wages. On May 24, media reported on the dismissal of a restaurant employee in Thessaloniki who had testified in favor of three former colleagues, supporting their claim that they were unlawfully dismissed and should return to their posts.

b. Prohibition of Forced or Compulsory Labor

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

The Labor Inspectorate, which was placed under the authority of the General Secretariat for Labor at the Ministry of Labor and Social Affairs by a presidential decree issued on July 17, is responsible for enforcing child labor laws, with penalties for violators ranging from fines to imprisonment. Penalties were sufficient to deter violations in the formal economy. Trade unions, however, alleged that enforcement was inadequate due to the inspectorate’s understaffing and that the government did not adequately protect exploited children. In 2018 a researcher affiliated with the General Confederation of Greek Workers (GSEE) think tank reported 39,000 officially employed minors, 1,700 of whom were migrants and refugees. The report found that the legislative framework punishing labor exploitation was adequate in terms of penalties, but prosecutors made no effort to identify when and where violations occurred.

Child labor was a problem in the informal economy. Younger family members often assisted families in agriculture, food service, and merchandising on at least a part-time basis. Family members compelled some children to beg, pick pockets, or sell merchandise on the street, or trafficked them for the same purposes. The government and NGOs reported the majority of such beggars were indigenous Roma or Bulgarian, Romanian, or Albanian Roma. There were reports unaccompanied migrant children were particularly vulnerable to labor exploitation and worked mainly in the agricultural and, to a lesser extent, manufacturing sectors. On October 17, the NGO ARSIS reported it had identified approximately 750 minors, from January to September, who were selling small items, or working or begging in the streets of Thessaloniki. Approximately 450 of these children were unaccompanied minors, and 95 originated from Greece, Albania, and Bulgaria.

d. Discrimination with Respect to Employment and Occupation

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

The government did not always effectively enforce these laws and regulations. Penalties provided by law were not sufficient to deter violators. Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, HIV status, social status, age, sexual orientation, and gender identity occurred.

In its 2018 report on equal treatment, the ombudsman reiterated previous findings about pregnancy and maternity being treated by the employers as problems, at times resulting in dismissals from work. The ombudsman reported cases of interventions with employers in the state and private sectors in support of employees who faced discrimination on grounds of disability, age, sex, and social status. The ombudsman also interfered with businesses announcing job openings but setting age limits and gender preconditions which could not be explained by the type of the required services.

e. Acceptable Conditions of Work

By ministerial decree the government set the national minimum salary for employees in the private sector and for unspecialized workers. These wages were above the poverty income level. The government did not always enforce wage laws effectively, and penalties were not always sufficient to deter violations.

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

Wage laws were not always enforced. Unions and media alleged some private businesses were forcing their employees to return part of their wages and mandatory seasonal bonuses, in cash, after depositing them in the bank. Several employees were officially registered as part-timers but in essence worked additional hours without being paid. Overtime work was not always registered officially or paid accordingly. In other cases employees were paid after months of delay and oftentimes with coupons, not cash. Cases of employment for up to 30 consecutive days of work without weekends off were also reported. Such violations were noted mostly in the tourism, agriculture, and housekeeping services sectors. On May 13, the Labor Inspectorate imposed a fine of 435,000 euros ($478,000) on a home-improvement and gardening retailer for forcing its staff to work longer hours. During an inspection conducted on January 29, authorities found 29 employees working beyond their standard schedule.

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

The Labor Inspectorate is responsible for enforcement of labor law. The Ministry of Labor and Social Affairs is responsible for all concerns regarding occupational safety and health at the national level. Per the July 17 presidential decree, in addition to the Labor Inspectorate, the General Directorate for Labor Relations, Health, Safety and Inclusion at Work was also brought under the General Secretariat for Labor. The latter are the principal competent government authorities overseeing labor conditions in both private and public sectors, except for mining and marine shipping (which fall under the Ministry of Development and Investment and the Ministry of Shipping and Island Policy, respectively). Labor experts characterized health and safety laws as satisfactory but stated that enforcement by the Labor Inspectorate was inadequate.

According to government statistics for 2018, the percentage of undeclared work fell significantly to almost 9 percent in 2018, from almost 12.5 percent in 2017. On January 9, the government announced the deployment of an additional 44 employees to labor inspection services, setting a target of having 950 labor inspectors. On October 15, the government reported intensified efforts to uncover instances of undeclared work through increasing onsite labor inspections. Businesses found hiring undeclared employees were closed by the authorities for a few days and if repeatedly found violating the law the business could be permanently closed. Nonetheless, trade unions and media reiterated that enforcement of labor standards was inadequate in the shipping, tourism, and agricultural sectors. Enforcement was also lacking among enterprises employing 10 or fewer persons. According to a survey carried out for the GSEE, nine in 10 employees in the private sector faced worsening labor conditions in the years of the debt crisis. The percentage of wage earners with net monthly wages in the private sector has fallen at a higher rate than the public sector during the past nine years.

On August 9, the government abolished recently passed provisions of the previous administration regarding the liability of the contractor and subcontractor to provide grounded reasons for the legal termination of an employee’s contract. On October 31, the parliament passed legislation providing for a 12 percent increase in the hourly wage of part-time workers for every additional hour worked above the four-hour ceiling. The same law also changed the calculation of overtime for the first five hours worked after a 40-hour work week. Those hours would not be considered overtime, but employers are required to pay an additional 20 percent of the hourly wage of the employees.

Guatemala

Executive Summary

Guatemala is a multiparty constitutional republic. In 2016 James Ernesto Morales Cabrera of the National Convergence Front party was sworn into office for a four-year term as president. On August 11, Alejandro Giammattei was elected president for a four-year term set to begin on January 14, 2020. International observers considered the presidential election held in 2019 as generally free and fair.

The National Civil Police (PNC), which is overseen by the Ministry of Government and headed by a director general appointed by the minister, is responsible for law enforcement and maintenance of order in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army in internal security and policing as permitted by the constitution. The defense ministry completed its drawdown of 4,500 personnel from street patrols to concentrate its forces on the borders in 2018. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: harsh and life-threatening prison conditions; substantial problems with the independence of the judiciary, including malicious litigation and irregularities in the judicial selection process; widespread corruption; trafficking in persons; crimes involving violence or threats thereof targeting lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, persons with disabilities, and members of other minority groups; and use of forced or compulsory or child labor.

Corruption and inadequate investigations made prosecution difficult. The government was criticized by civil society for refusing to renew the International Commission Against Impunity in Guatemala’s (CICIG) mandate, which expired on September 3. Impunity continued to be widespread for ongoing human rights abuses, endemic government corruption, and for mass atrocities committed during the 1960-1996 internal armed conflict.

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. The intimidation of and violence against journalists resulted in significant self-censorship, however.

Freedom of Expression: On March 21, a court dismissed a case in which President Morales filed a criminal complaint against social activist Roberto Rimola. Morales accused Rimola of defamation and insult after Rimola verbally insulted him. The court ruled that insulting leaders of the three branches of government could not be considered a crime due to limitations to freedom of expression. Morales appealed the court decision and attended a May 29 hearing in court. As of October 1, the case remained open, and a lower court declared the case must be judged specifically under the freedom of expression act, normally reserved for cases involving journalists.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Nonetheless, reporters covering organized crime, including its links to corrupt public officials, acknowledged practicing self-censorship, recognizing the danger investigative journalism posed to them and their families. Public security forces continued imposing more stringent identification checks on journalists covering government events and activities, a practice initiated in August 2018.

On May 9, presidential candidate Sandra Torres filed a criminal complaint against the daily newspaper elPeriodico after it published several editorials against her. Torres based her lawsuit on the law against femicide and violence against women for attempted violation of her physical and psychological integrity. On May 13, she tried to rescind the lawsuit, but the femicide law does not permit withdrawal of cases, and consequently the Public Ministry must conclude an investigation.

Violence and Harassment: Members of the press reported receiving pressure, threats, and retribution from public officials regarding the content of their reporting. Online attacks against independent journalists and media outlets continued throughout the year. These included hacking of journalists’ private accounts, publishing stolen or falsified personal information, and apparent coordinated attempts to undermine specific journalists and the press. On May 20, a blog page appeared against Henry Bin, journalist for the radio and weekend television program ConCriterio, and several other independent journalists, alleging Bin was gay and engaged in pedophilia and child pornography. Several attacks against journalists in April and May included videos alleging various forms of corruption and immorality by journalists Juan Luis Font, Claudia Mendez, and Pedro Trujillo.

Members of the press continued to report threats and violence from public officials and criminal organizations, which impaired the practice of free and open journalism. The government failed to establish a journalist protection program, a voluntary commitment the country accepted in 2012 during the Universal Periodic Review of the UN Human Rights Council. According to the Public Ministry, 51 complaints were filed for attacks or threats against journalists; none were killed by the end of August, compared with two killings in 2018.

On June 4, Judge Miguel Angel Galvez of High-Risk Court B found sufficient cause to bring to trial the case of Julio Antonio Juarez Ramirez, accused of ordering the killing of journalist Danilo Efrain Zapon Lopez in 2015 in Mazatenango, Suchitepequez Department.

The Public Ministry employed a unit dedicated to the investigation of threats and attacks against journalists, but the NGO Center for Reporting in Guatemala noted it had few prosecutions.

Nongovernmental Impact: Organized crime exerted influence over media outlets and reporters, frequently threatening individuals for reporting on criminal activities.

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, with a few exceptions. On September 4, in response to the killing of three soldiers in the municipality of El Estor, Izabal Department, President Morales declared a state of siege in 22 municipalities across five departments. Congress ratified the measure, which limited the freedom of peaceful assembly, freedom of association, and the right to protest for more than one million citizens living in the area under siege. The president and congress renewed the state of siege for a second 30-day period ending on November 4.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The state of siege in Izabal and parts of four other departments temporarily limited rights to freedom of movement (see section 2.b.).

f. Protection of Refugees

Access to Asylum: The laws provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. UNHCR reported that identification and referral mechanisms for potential asylum seekers were inadequate. Migration authorities lacked adequate training concerning the rules for establishing refugee status. The government and UNHCR signed a memorandum of understanding, published on September 4, to significantly strengthen the asylum and protection system and increase capacity to process asylum seekers.

Access to Basic Services: UNHCR reported access to education for refugees was difficult due to the country’s onerous requirements for access to formal education, including documentation from the country of origin.

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 nearly universal and equal suffrage for those ages 18 and older. Members of the armed forces, police, and incarcerated individuals are not eligible to vote.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, but officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year, many of which the Public Ministry, with support from CICIG, investigated and prosecuted on charges including money laundering, illegal political party financing, and bribery.

Corruption: On July 16, the Public Ministry brought charges against more than 50 persons, including 10 members of Congress, for receiving kickbacks from construction and medical supply procurement and for awarding public jobs by irregular means. Those charged included a former presidential candidate and a former minister of health. Charges included the acceptance of bribes for hospital construction after the 2012 earthquake in the western region, the acceptance of bribes in the purchase of unnecessary medical equipment, and the creation of phantom positions at the Ministry of Health. The case continued in the pretrial stage, and some of the accused remained at large.

In the Odebrecht case, involving bribes allegedly paid to former presidential candidate Manuel Baldizon and former communications minister Alejandro Sinibaldi, on July 23, High Risk Court A sentenced three persons close to Baldizon and Sinibaldi to six years in prison for money laundering, and two of them to an additional eight years for illicit association. Baldizon continued to be detained in the United States on an international arrest warrant on separate money laundering and conspiracy charges. Sinibaldi remained a fugitive and was implicated in another case of bribery and influence peddling linked to former president Otto Perez Molina’s administration.

The government was criticized by civil society for refusing to renew CICIG’s mandate, which expired on September 3. Despite the government’s request for CICIG to transfer capacity to the Public Ministry by the end its mandate, many in civil society believed the Public Ministry did not yet have the capacity to investigate corruption cases on its own and the decision to terminate CICIG’s mandate was made for political reasons. At the end of CICIG’s mandate, it had a public approval rating of approximately 70 percent.

Financial Disclosure: Public officials who earn more than 8,000 quetzals ($1,040) per month or who manage public funds are subject to financial disclosure laws overseen and enforced by the Comptroller General’s Office. The financial disclosures were available to the public upon request. Administrative and criminal sanctions apply for inadequate or falsified disclosures of assets.

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

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

A number of NGOs, human rights workers, and trade unionists reported threats, violence, and intimidation. UDEFEGUA reported 12 killings of human rights defenders from January through July. The NGO also reported 361 attacks against human rights defenders in the same period, compared with 392 attacks in all of 2018. According to human rights NGOs, many of the attacks were related to land disputes and exploitation of natural resources and involved mainly indigenous communities. NGOs asserted the government did little to investigate the reports or prevent further incidents.

NGOs also reported the government, fringe groups, and private entities used threats of legal action as a form of intimidation. According to UDEFEGUA, from January to July, there were 28 retaliatory judicial cases filed against human rights defenders. On March 22, the president of the Supreme Court, Nester Mauricio Vasquez Pimental, filed a criminal case against Claudia Samayoa, president of UDEFEGUA, and Jose Manuel Martinez, member of the civil society group Justicia Ya (Justice Now), for alleged theft, deviation of correspondence, and trafficking of influence. UDEFEGUA and other civil society groups stated this case occurred after Samayoa and Martinez’s participation in a complaint before Guatemala City’s criminal, drug trafficking, and environment court against 11 Supreme Court justices on January 17.

The United Nations or Other International Bodies: The government had refused to renew the visas of the CICIG commissioner and investigators since early 2018, making it difficult for CICIG to resume normal functions. CICIG’s mandate expired on September 3, and CICIG cases were transferred to the Special Prosecutor’s Office Against Impunity in the Public Ministry. Subsequently, Guatemalan former CICIG employees complained about being subject to systemic harassment and spurious lawsuits for simply having performed their duties for CICIG.

Government Human Rights Bodies: The PDH monitors the human rights set forth in the constitution and reports to Congress. The PDH opposed several congressional bills during the year, including an amnesty bill for human rights violators during the armed conflict period. On October 2, several congressional deputies submitted a petition to the Congressional Committee on Human Rights calling for the ombudsman to be removed from his position. While the PDH attempted to operate independently and issued public reports and recommendations as in past years, Congress applied significant political pressure, including threats to withhold the PDH’s funding. NGOs generally considered the PDH to be an effective institution with limitations in rural areas due to lack of resources.

The Congressional Committee on Human Rights drafts and provides guidance on legislation regarding human rights. The law requires all political parties represented in Congress to have a representative on the committee. Some NGOs did not consider the committee to be an effective forum for human rights promotion and protection.

The President’s Commission on Human Rights (COPREDEH) formulates and promotes human rights policy. COPREDEH also led coordination of police protection for human rights and labor activists. COPREDEH generally benefited from the administration’s cooperation and operated without political or party interference. Some NGOs claimed COPREDEH was not an effective interlocutor on human rights issues.

For the first time in its post-civil war history, the government failed to participate in the meeting on human rights convened by the Inter-American Commission on Human Rights in September. During this meeting the PDH and civil society organizations discussed challenges related to human rights. On behalf of the government, COPREDEH issued a letter claiming the commission’s meeting constituted a challenge to the country’s sovereignty.

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, with the exception of security force members, to form and join trade unions, conduct legal strikes, and bargain collectively. The law, however, places some restrictions on these rights. For example, legal recognition of an industrywide union requires that the membership constitute a majority of the workers in an industry and restricts union leadership to citizens. Ministries and businesses are required to negotiate only with the largest union, as determined by annual membership. The law prohibits antiunion discrimination and employer interference in union activities and requires employers to reinstate workers dismissed for organizing union activities. A strike must have the support of the majority of a company’s workforce. Workers are not restricted to membership in one union or one industry.

The president and cabinet may suspend any strike deemed “gravely prejudicial to the country’s essential activities and public services.” The government defined “essential services” more broadly than international standards, thus denying the right to strike to a large number of public workers, such as those working in education, postal services, transport, and the production, transportation, and distribution of energy. Public employees may address grievances by means of conciliation for collective disputes and arbitration directly through the labor courts. For sectors considered essential, arbitration is compulsory if there is no agreement after 30 days of conciliation.

The law prohibits employer retaliation against workers engaged in legal strikes. If authorities do not recognize a strike as legal, employers may suspend or terminate workers for absence without leave. A factory or business owner is not obligated to negotiate a collective bargaining agreement unless at least 25 percent of workers in the factory or business are union members and request negotiations. Once a strike occurs, companies are required to close during negotiations. Strikes were extremely rare, but work stoppages were common.

The government did not effectively enforce the law. Government institutions, such as the Ministry of Labor and the labor courts, did not effectively investigate, prosecute, or punish employers who violated freedom of association and collective bargaining laws. Labor courts also failed to compel compliance with reinstatement orders, including payment of back wages, for workers illegally dismissed for engaging in union activities. The Public Ministry was ineffective in responding to labor court referrals for criminal prosecution in cases where employers refused to comply with labor court orders. Inspectors often lacked vehicles or fuel to carry out inspections, and in some cases they failed to take effective action to gain access to worksites in response to employers’ refusal to permit labor inspectors access to facilities. Inspectors were encouraged to seek police assistance as required. Inspections were generally not comprehensive, and if complaint driven, focused on investigating the alleged violation, rather than attempting to maximize limited resources to determine compliance beyond the individual complaint. Penalties for labor law violations were inadequate and rarely enforced.

A 2017 decree restored sanction authority to the Ministry of Labor, but the decree did not go into effect until January 2018. Business groups complained the shortened time frame to investigate and verify compliance with Ministry of Labor remediation orders resulted in more cases being referred to the labor courts without an opportunity to conciliate. Worker representatives reported no significant improvement in compliance with the law as a result of the new sanction authority, noting that the inspectorate emphasized collection of fines, which now go to the labor inspectorate, over remediation of the underlying violations. The ministry’s labor inspectorate indicated it had collected 1,864,800 quetzals ($240,000) from fines imposed in 2018, and approximately 3,044,000 quetzals ($395,000) from January 1 to November 15, 2019. Lack of information about the law’s implementation made it difficult to assess its impact on improving labor law enforcement.

The Unit for Crimes against Unionists within the Office of the Special Prosecutor for Human Rights in the Public Ministry was responsible for investigating attacks and threats against union members as well as for noncompliance with judicial orders in labor cases. Staffing for the unit increased, but successful prosecutions remained a challenge. The unit reported approximately 2,000 referrals of noncompliance with labor court orders, most of which involved mass dismissals in the public sector and remained under investigation.

On September 20, the government submitted its first report to the ILO Governing Body, as required in the ILO’s November 2018 decision to close a 2012 complaint alleging the country had failed to meet its commitments under Convention 87 on Freedom of Association. Under the terms of the decision, a National Tripartite Commission on Labor Relations and Freedom of Association, which was formed in 2017 to monitor and facilitate implementation of the 2013 ILO roadmap and its 2015 indicators, would report annually to the Governing Body and publicly on progress implementing the ILO roadmap until 2020. The decision also called on the government and its social partners to develop and adopt a consensus legislative proposal that would address the long-standing ILO recommendations on freedom of association, collective bargaining, and the right to strike. Unions submitted their report to the Governing Body on implementation of the roadmap on September 30.

The reports demonstrated a lack of progress in all nine elements of the roadmap. After being inactive from November 2018 through April, the National Tripartite Commission met five times from May to September but failed to achieve concrete progress on the roadmap. For example, a lack of consensus remained between employers and workers on legislation seeking to address ILO recommendations, particularly to allow for industry-wide unions. Three subcommissions established under the National Commission were equally ineffective–on legislation and labor policy, on mediation and dispute settlement, and on implementation of the roadmap.

In August the National Tripartite Commission approved a technical assistance program proposed by the ILO with three objectives and a number of outcomes. The first objective was to strengthen the capacity in negotiations of the commission and its subcommissions. The second objective was to develop consensus legislative proposals to address the long-standing ILO recommendations. The third objective was to strengthen the capacity of institutions responsible for freedom of association to prevent, investigate, prosecute, process, and execute administrative and judicial decisions, as well as to improve access to information by civil society so they could take actions to defend and promote their labor rights.

The Ministry of Government convened the Interagency Committee to Analyze Attacks Against Human Rights Defenders, including trade unionists, on a regular basis. NGO participants complained the ministry imposed restrictions on civil society participation in the committee and reduced working-level officials’ authorities to respond to attacks.

The country did not demonstrate measurable progress in the effective enforcement of its labor laws, particularly those related to freedom of association and collective bargaining. In February the ILO noted the need for additional urgent action in several areas related to the roadmap, including investigation and prosecution of perpetrators of trade union violence; the adoption of protection measures for union officials; passage of legislative reforms to remove obstacles to freedom of association and the right to strike; expedited union registrations; and a national media campaign to raise awareness of the rights to freedom of association and collective bargaining.

Violence and threats against trade unionists and labor activists remained serious problems, with one killing of a trade unionist, two violent attacks, and 19 documented threats reported during the year. Authorities did not thoroughly investigate most acts of violence and threats, and by often discarding trade union activity as a motive from the outset of the investigation, allowed these acts to go unprosecuted. Several labor leaders reported death threats and other acts of intimidation. The Public Ministry reported that by August 31, it had received 487 complaints of crimes or offenses against trade unionists and labor activists and issued 20 convictions, including those related to cases opened in previous years. In February the ILO noted with regret continued impunity in cases of violence against trade union leaders and members.

Procedural hurdles, union formation restrictions and delays, and impunity for employers refusing to receive or ignoring court orders limited freedom of association and collective bargaining. Government statistics on attempted union registrations indicated most registrations were initially rejected, and when they were issued, it was done outside the legally established period. In addition, credentials of union leaders were regularly rejected and delayed. As a result, union members were left without additional protections against antiunion retaliation.

Employers routinely resisted attempts to form unions, delayed or only partially complied with agreements resulting from direct negotiations, and ignored judicial rulings requiring the employer to negotiate with recognized unions. There were credible reports of retaliation by employers against workers who tried to exercise their rights, including numerous complaints filed with the Ministry of Labor and the Public Ministry alleging employer retaliation for union activity. Common practices included termination and harassment of workers who attempted to form unions, creation of illegal company-supported unions to counter legally established unions, blacklisting of union organizers, and threats of factory closures. Local unions reported businesses used fraudulent bankruptcies, ownership substitution, and reincorporation of companies to circumvent legal obligations to recognize newly formed or established unions, despite legal restrictions on such practices.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government failed to enforce the law effectively. Reports persisted of men and women subjected to forced labor in agriculture and domestic service. Penalties were inadequate to deter violations and rarely enforced. Criminal penalties for forced labor range from eight to 18 years’ imprisonment. The government had specialized police and prosecutors handle cases of human trafficking, including forced labor, although local experts reported some prosecutors lacked adequate training. There were also reports of forced child labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. The Ministry of Labor issued Ministerial Agreement 260-2019 in June to provide effective implementation of ILO 138 Convention on Minimum Age for Work, which raises the minimum age for employment to 15 years. The law bars employment of minors younger than age 15, although it allows the ministry to authorize children younger than 15 to work in exceptional cases. The ministry’s inspectorate reported it did not authorize any exceptions during the year. The law prohibits persons younger than 18 from working in places that serve alcoholic beverages, in unhealthy or dangerous conditions, at night, or beyond the number of hours permitted. The legal workday for persons younger than 14 is six hours; for persons 14 to 17, the legal workday is seven hours. Despite this ministerial agreement, child labor was prevalent in the agricultural sector, in dangerous conditions, and with parents’ knowledge and consent.

The Ministry of Labor’s Child Worker Protection Unit is responsible for enforcing restrictions on child labor and educating minors, their parents, and employers on the rights of minors. Penalties were not sufficient to deter violations. The government did not effectively enforce the law, a situation exacerbated by the weakness of the labor inspection and labor court systems. The government devoted insufficient resources to prevention programs.

Child labor was a widespread problem. The NGO Conrad Project Association of the Cross estimated the workforce included approximately one million children ages five to 17. Most child labor occurred in rural indigenous areas of extreme poverty. The informal and agricultural sectors regularly employed children younger than 14, usually in small family enterprises, including in the production of broccoli, coffee, corn, fireworks, gravel, and sugar. Indigenous children also worked in street sales and as shoe shiners and bricklayer assistants.

An estimated 39,000 children, primarily indigenous girls, worked as domestic servants and were often vulnerable to physical and sexual abuse and sex trafficking. Traffickers exploit Guatemalan children in forced begging and street vending, particularly within Guatemala City and along the border with Mexico. Criminal organizations, including gangs, exploited girls in sex trafficking and coerced young males in urban areas to sell or transport drugs or commit extortion.

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

d. Discrimination with Respect to Employment and Occupation

The law explicitly prohibits discrimination with respect to employment or occupation based on race, color, sex, religion, political opinion, national origin or citizenship, age, and disability. The government did not effectively enforce the law and related regulations. Penalties for violations were not sufficient to deter violations.

Discrimination in employment and occupation occurred. Anecdotally, wage discrimination based on race and sex occurred often in rural areas.

e. Acceptable Conditions of Work

The law sets national minimum wages for agricultural and nonagricultural work and for work in garment factories. The minimum wage for agricultural and nonagricultural work and for work in export-sector-regime factories did not meet the minimum food budget for a family of five.

The legal workweek is 48 hours with at least one paid 24-hour rest period. Workers are not to work more than 12 hours a day. The law provides for 12 paid annual holidays and paid vacation of 15 working days after one year’s work. Daily and weekly maximum hour limits do not apply to domestic workers. Workers in the formal sector receive the standard pay for a day’s work for official annual holidays. Time-and-a-half pay is required for overtime work, and the law prohibits excessive compulsory overtime.

The government sets occupational health and safety standards that were inadequate, not current for all industries, and poorly enforced. The law does not provide for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment.

The Ministry of Labor conducted inspections to monitor compliance with minimum wage law provisions but often lacked the necessary vehicles or fuel to enable inspectors to enforce the law, especially in the agricultural and informal sectors. The ministry did not employ a sufficient number of labor inspectors to deter violations, and many of them performed reviews on paper or administrative duties rather than clearly defined inspection duties.

Labor inspectors reported uncovering numerous instances of overtime abuse, but effective enforcement was undermined due to inadequate fines and labor courts’ reluctance to use compulsory measures, such as increased fines and referrals to the criminal courts, to obtain compliance. Other factors contributing to the lack of effective enforcement included labor court inefficiencies, employer refusal to permit labor inspectors to enter facilities or provide access to payroll records and other documentation, and inspectors’ lack of follow-up inspections in the face of such refusals. Due to inefficient and lengthy court proceedings, the resolution of labor court cases was often delayed, in many instances for several years. Employers failing to provide a safe workplace were rarely sanctioned, and a law requiring companies with more than 50 employees to provide onsite medical facilities for their workers was not enforced.

Trade union leaders and human rights groups reported employers required workers to work overtime without legally mandated premium pay. Management often manipulated employer-provided transportation to worksites to force employees to work overtime, especially in export processing zones located in isolated areas with limited transportation alternatives. Noncompliance with minimum wage provisions in the agricultural and informal sectors was widespread. Advocacy groups estimated the vast majority of workers in rural areas who engaged in daylong employment did not receive the wages, benefits, or social security allocations required by law. Many employers in the agricultural sector reportedly conditioned payment of the minimum daily wage on excessive production quotas that workers generally were unable to meet. To meet the quota, workers felt compelled to work extra hours, sometimes bringing family members, including children, to help with the work. Because of having to work beyond the maximum allowed hours per day, workers received less than the minimum wage for the day and did not receive the required overtime pay. According to ILO statistics, 74 percent of the workforce worked in the informal sector and outside the basic protections afforded by law.

On June 3, the Ministry of Labor issued regulations implementing ILO Convention 175 on Part-Time Work, ratified in 2017. In October the Constitutional Court temporarily suspended key provisions of the regulations. While the business community was in favor of these regulations as a tool to generate employment, workers expressed concern the regulations would further reduce minimum wage, overtime pay, and employment benefits such as social security. They also expressed concern that employers would forcefully convert full-time workers to part time.

Local unions highlighted and protested violations by employers who failed to pay employer and employee contributions to the national social security system despite employee contribution deductions from workers’ paychecks. These violations, particularly common in export and agricultural industries, resulted in limiting or denying employees’ access to the public health system and reducing or underpaying workers’ pension benefits during their retirement years.

Many employers of domestic servants routinely paid below minimum wage, failed to register their employees with the Guatemalan Institute of Social Security, and demanded 16-hour days for six or more days a week for live-in staff.

Iraq

Executive Summary

Iraq is a constitutional parliamentary republic. The 2018 parliamentary elections, while imperfect, generally met international standards of free and fair elections and led to the peaceful transition of power from Prime Minister Haider al-Abadi to Adil Abd al-Mahdi. On December 1, in response to protesters’ demands for significant changes to the political system, Abd al-Mahdi submitted his resignation, which the Iraqi Council of Representatives (COR) accepted. As of December 17, Abd al-Mahdi continued to serve in a caretaker capacity while the COR worked to identify a replacement in accordance with the Iraqi constitution.

Numerous domestic security forces operated throughout the country. The regular armed forces and domestic law enforcement bodies generally maintained order within the country, although some armed groups operated outside of government control. Iraqi Security Forces (ISF) consist of administratively organized forces within the Ministries of Interior and Defense, and the Counterterrorism Service. The Ministry of Interior is responsible for domestic law enforcement and maintenance of order; it oversees the Federal Police, Provincial Police, Facilities Protection Service, Civil Defense, and Department of Border Enforcement. Energy police, under the Ministry of Oil, are responsible for providing infrastructure protection. Conventional military forces under the Ministry of Defense are responsible for the defense of the country but also carry out counterterrorism and internal security operations in conjunction with the Ministry of Interior. The Counterterrorism Service reports directly to the prime minister and oversees the Counterterrorism Command, an organization that includes three brigades of special operations forces. The National Security Service (NSS) intelligence agency reports directly to the prime minister.

The Popular Mobilization Forces (PMF), a state-sponsored umbrella military organization composed of approximately 60 militia groups, operated throughout the country. Most PMF units were Shia Arab, reflecting the demographics of the country, while Sunni Arab, Yezidi, Christian, and other minority PMF units generally operated within or near their home regions. All PMF units officially report to the national security advisor and are under the authority of the prime minister, but several units in practice were also responsive to Iran and Iran’s Islamic Revolutionary Guard Corps.

The two main Kurdish political parties, the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), each maintained an independent security apparatus. Under the federal constitution, the Kurdistan Regional Government (KRG) has the right to maintain internal security forces, but the PUK and KDP separately controlled additional Peshmerga units. The constitution also allows for a centralized, separate Asayish internal security service; however, KDP and PUK each maintained Asayish forces. The KDP and PUK also maintained separate intelligence services, nominally under the KRG Ministry of Interior.

Civilian authorities did not maintain effective control over some elements of the security forces, particularly certain Iran-aligned PMF units. Poorly defined administrative boundaries and disputed territories between the Iraqi Kurdistan Region (IKR) led to confusion over the jurisdiction of security forces and the courts.

The country experienced large-scale protests in Baghdad and several Shia-majority governorates beginning in early October. Demonstrators gathered in the streets to reinforce their demands for an end to corruption and a restructuring of the government. Civilian authorities quickly lost control of the situation. Security and armed groups, including PMF forces, responded with live ammunition, tear gas canisters shot as projectiles, and concussion grenades, in an attempt to suppress the demonstrations. By official accounts, as of December 17, more than 479 civilians were killed and at least 20,000 were injured. While one general and several officers were under investigation, efforts to achieve accountability were limited.

Significant human rights issues included: reports of unlawful or arbitrary killings, including extrajudicial killings; forced disappearances; torture; arbitrary detention; harsh and life-threatening prison and detention center conditions; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including violence against journalists, censorship, site blocking, and criminal libel; significant interference with the rights of peaceful assembly; legal restrictions on freedom of movement of women; threats of violence against internally displaced persons (IDPs) and returnee populations perceived to have been affiliated with the Islamic State of Iraq and Syria (ISIS); widespread official corruption; unlawful recruitment or use of child soldiers by elements of the Kurdistan Workers’ Party (PKK), Shingal Protection Units (YBS), and the Iran-aligned PMF that operate outside government control; trafficking in persons; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; violence targeting LGBTI persons; and restrictions on worker rights, including restrictions on formation of independent unions, discrimination in employment of migrants, women, those with disabilities, and child labor.

The government, including the Office of the Prime Minister, investigated allegations of abuses and atrocities perpetrated by the ISF, including a ministerial investigation of the October protests, but the government rarely punished those responsible for perpetrating or authorizing human rights abuses. Impunity effectively existed for government officials and security force personnel, including the ISF, Federal Police, PMF, and certain units of KRG Asayish internal security services.

Despite a reduction in numbers, ISIS continued to commit serious abuses and atrocities, including killings through suicide bombings and improvised explosive devices (IEDs). The government had ongoing investigations and was prosecuting allegations of ISIS abuses and atrocities and, in some instances, publicly noted the conviction of suspected ISIS members under the 2005 counterterrorism law.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for the right of free expression, including for the press, that does not violate public order and morality, express support for the banned Baath Party, or advocate altering the country’s borders through violent means. Despite this provision media and social activists faced various forms of pressure and intimidation from authorities, making the primary limitation on freedom of expression self-censorship due to a credible fear of reprisals by the government, political parties, ethnic and sectarian forces, terrorist and extremist groups, or criminal gangs. A media environment in which press outlets were closely affiliated with specific political parties and ethnic factions, an opaque judiciary, and a developing democratic political system combined to place considerable restrictions on freedom of expression, including the press.

Freedom of Expression: Despite the constitutional protection for freedom of expression, central government and KRG oversight and censorship sometimes interfered with media operations, at times resulting in the closure of media outlets, restrictions on reporting, denying access to public information, and interference with internet service. Individuals were able to criticize the government publicly or privately but not without fear of reprisal. In July dozens of journalists in the southern governorate of Basrah staged a vigil in front of the governorate building demanding the right to work free of intimidation and arrest in response to a threat from a military commander to arrest every journalist covering an unlicensed demonstration. Impunity in cases of violence against the press and a lack of a truly independent judiciary and press regulation body diminished the effectiveness of journalists.

Central government and KRG forces arrested and detained protesters and activists critical of the central government and of the KRG, respectively, according to statements by government officials, NGO representatives, and press reports. In October Amnesty International reported, based on the accounts of 11 activists, that security forces systematically targeted anyone who criticized their conduct during the protests. Their testimony illustrated how security forces had systematically targeted anyone who was speaking out against the conduct of security forces during the protests. Amnesty International continued to receive reports of activists and journalists threatened by security forces. These forces warned them that if they continued to speak out against human rights abuses committed against protesters, they would be added to a blacklist compiled by intelligence services.

Certain KRG courts applied the more stringent Iraqi criminal code in lawsuits involving journalists instead of the IKR’s own Journalism Law, which provides greater protection for freedom of expression. For example, a court in Kalar ordered Dang Radio director general Azad Osman to pay a fine equal to approximately $190 and sentenced him to a three-month suspended prison sentence for defamation after he published an article critical of the KRG. In another instance, authorities in Sulaimaniya arrested Nalia Radio and Television (NRT) director and presenter Shwan Adil on December 8 due to a complaint under Article 9 of the KRG’s Journalism Law regarding defamation from Raza Hasan, head of the University of Sulaimani. Raza complained NRT’s reporting on his academic work was inaccurate. In a separate incident, on December 15, authorities ordered Shwan to appear in court due to a complaint under Article 9 by the Sulaimaniya Police Directorate over NRT’s reporting on the murder-suicide of two journalists in October.

Press and Media, Including Online Media: Local media was active and expressed a variety of views, largely reflecting owners’ political viewpoints. Media also self-censored to comply with government restrictions against “violating public order” and because of a fear of reprisal by political parties, militias, terrorist groups, criminal organizations, and private individuals, including political figures. In November the government closed nine television channels for “publishing content inciting violence” during coverage of countrywide demonstrations. Political parties strongly influenced, or controlled outright, most of the several hundred daily and weekly print publications, as well as dozens of radio and television stations.

Press and social media accounts reported that the Baghdad offices of six television stations were attacked on October 5 after the news outlets covered antigovernment protests. Al-Arabiya, Dijlah, Al-Ghad, NRT, Al-Hadath, and TRT were ransacked and taken off the air by militiamen from Saraya Ṭalia al-Khurasani (PMF Brigade 18) and Harakat Hezbollah al-Nujaba (PMF Brigade 12) for continuing to broadcast imagery of the protests. HRW noted that the attacks came immediately after the central government’s Communications and Media Commission warned the stations to shut down. NRT was overrun after showing an interview with a protester who identified PMF militias responsible for sniper attacks. When a seventh station, Al-Forat, proved too well guarded to overrun, Asaib Ahl al-Haq (PMF Brigades 41, 42, and 43) bombed the building on October 6, damaging cars and other buildings in the area. In September the government suspended the license of Al-Hurra Television after it showed an investigative report alleging corruption within the country’s religious institutions and accused the network of bias and defamation in its report. The station received threats of violence following the broadcast.

The KDP and PUK gave prioritized access to the outlets they owned. In KDP strongholds, Kurdistan Television, Rudaw, and K24 had access to all public places and information, while in PUK-dominated Sulaimaniya Governorate, Kurdsat News and GK Television enjoyed the same privilege. Conversely, outlets belonging to opposition parties or lacking party affiliation had limited access to public information in the IKR. In August Spanish freelance journalist Ferran Barber was detained and eventually deported by authorities, according to the Committee to Protect Journalists (CPJ). According to the report, the journalist was interrogated about his work while agents searched his cell phone, camera memory cards, and laptop. No charges were brought against Barber, but he was not allowed to contact anyone during his detention.

Government forces sometimes prevented journalists from reporting, citing security reasons. Some media organizations reported arrests and harassment of journalists, as well as government efforts to prevent them from covering politically sensitive topics, including security issues, corruption, and government failure to provide adequate services. In July Reporters without Borders condemned the decision of a judge who ordered the search and arrest of a journalist after the journalist published a report on the misuse of public funds by a Basrah district judge. According to the journalist’s account, the judge allegedly embezzled 96 million dinars ($80,500) to buy a car for his cousin.

Violence and Harassment: According to the CPJ, there were two journalists killed in country during the year. An unidentified assailant shot and killed Iraqi reporter Hisham Fares al-Adhami while he was covering the protests on Baghdad’s Al-Tayyaran Square on October 4. A report by U.S. broadcaster National Public Radio said that Iraqi security forces had opened fire on demonstrators. On December 6, an unidentified individual shot Ahmed Muhana al-Lami, a photographer, in the back while he was covering protests in Baghdad’s Al-Khilani Square. He was transported to Sheikh Zayed Hospital in Baghdad, where he later died. Two unidentified Iraqi officials told The Associated Press they believed that the attacks on demonstrators had been orchestrated by Iranian-backed militias.

In the early days of the October protests, violence and threats of violence directed towards media covering the protests was widespread. By mid-October most international media outlets and many local journalists departed Baghdad for Erbil and the Kurdistan region following reports that security forces were circulating a list of journalists and activists to arrest and intimidate.

Reporting from areas liberated from ISIS control remained dangerous and difficult. Journalists covering armed clashes involving government forces, militias, and ISIS remnants faced serious threats to their safety. Military officials, citing safety considerations, sometimes restricted journalists’ access to areas of active fighting.

Media workers often reported that politicians, government officials, security services, tribal elements, and business leaders pressured them not to publish articles critical of them. Journalists reported accounts of government or partisan violence, intimidation, death threats, and harassment. In April the Center for Supporting Freedom of Expression issued a report on abuse and attacks recorded during the first quarter of the year. They reported the killing of a novelist and 37 cases of abuse against journalists and demonstrators, more than twice as many as during the same period last year.

In October antiriot police in Basrah prevented several journalists from covering demonstrations in the Al-Ashar area and attacked Associated Press correspondent Haider al-Jourani. Throughout the IKR, there were reports of beatings, detentions, and death threats against media workers. In some cases, the aggressors wore KRG military or police uniforms. In particular, journalists working for the Kurdish channel NRT were frequently arrested. In July the CPJ reported that KRG counterterrorism forces severely beat Ahmed Zawiti, the head of the Al-Jazeera network in Erbil, when he and his team covered an attack on Turkish consulate staff.

Censorship or Content Restrictions: The law prohibits producing, importing, publishing, or possessing written material, drawings, photographs, or films that violate public integrity or decency. The penalties for conviction include fines and imprisonment. Fear of violent retaliation for publishing facts or opinions critical of political factions inhibited free expression. The Ministry of Culture must approve all books published in or imported into the country, thereby subjecting authors to censorship.

Public officials reportedly influenced content by rewarding positive reporting with bribes, providing money, land, access to venues, and other benefits to journalists, particularly to members of the progovernment Journalists’ Syndicate. These restrictions extended to privately owned television stations operating outside of the country.

Nongovernmental Impact: Nongovernmental and quasi-governmental actors, including militias outside of state control, terrorist groups, and criminal organizations, reportedly threatened journalists with violence for reporting on sensitive subjects.

b. Freedoms of Peaceful Assembly and Association

The government sometimes limited freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for the freedom of internal movement, foreign travel, emigration, and repatriation, but the government did not consistently respect these rights. Law and custom generally do not respect freedom of movement for women. For example, the law prevents a woman from applying for a passport without the consent of her male guardian or a legal representative. Women could not obtain the Civil Status Identification Document, required for access to public services, food assistance, health care, employment, education, and housing, without the consent of a male relative.

In some instances, authorities restricted movements of displaced persons, and authorities did not allow some IDP camp residents to depart without specific permission, thereby limiting access to livelihoods, education, and services. Many parts of the country liberated from ISIS control suffered from movement restrictions due to checkpoints of PMF units and other government forces. In other instances, local authorities did not always recognize security permits of returnees nor comply with the central government’s orders to facilitate, but not force, returns.

Successful efforts by the government to regain control of areas previously held by ISIS allowed many returns to take place. Returnees, however, grappled with the destruction of homes, lack of services and livelihoods, and continued concerns for security due to the prevalence of PMF groups. In some cases, this led to secondary displacement or a return to the camp.

Security considerations, unexploded ordnance, destruction of infrastructure, and official and unofficial restrictions sometimes limited humanitarian access to IDP communities. Insecurity caused by the presence of ISIS and PMF groups hindered the movement of international staff of humanitarian organizations, restricting their ability to monitor programs for a portion of the year.

In-country Movement: The law permits security forces to restrict in-country movement and take other necessary security and military measures in response to security threats and attacks. There were numerous reports that government forces, including the ISF, Peshmerga, and PMF, selectively enforced regulations, including for ethnosectarian reasons, requiring residency permits to limit entry of persons into areas under their control.

Humanitarian agencies frequently reported evictions of IDPs from camps and informal displacement sites due to closures and consolidations, which reportedly were often not coordinated among relevant local authorities or with humanitarian actors, and which caused some sudden, involuntary displacements. In an effort to avoid eviction, approximately 15,000 families left camps. Most were considered secondarily displaced, as they were unable to return to their place of origin. Some political actors promoted camp closures in advance of May 2018 parliamentary elections, and authorities reportedly used coercive measures during eviction notifications. IDP camp managers reported government officials did not always give IDPs at closed camps the choice of returning to their governorates of origin or displacement to another site. Some families in camps near Baghdad expressed a desire to integrate locally, having found informal employment, but local government authorities reportedly denied requests.

There were numerous reports that IDPs, particularly those suspected of ISIS affiliation, faced hostility from local government officials and populations, as well as expulsion. In liberated areas of Anbar, Duhok, Kirkuk, Ninewa, and Salah al-Din Governorates, humanitarian agencies reported movement restrictions for families with relatives suspected of ISIS affiliation. An Interior Ministry official estimated the number of those with perceived ISIS affiliation at 250,000. Tribal leaders and humanitarian actors reported that fabricated accusations of ISIS affiliation led to stigmatization of IDPs, particularly those living in camps, who were being isolated and whose movements in and out of camps were increasingly restricted. They also expressed concerns of collective punishment against certain communities for their perceived ties to ISIS. In late January authorities governing the town of Karma, northeast of Fallujah in Anbar Governorate, issued special pink identity cards to at least 200 families with relatives suspected of ISIS affiliation, a local lawyer and a humanitarian worker told HRW. He said the families were allowed to return home and could use the documents to travel through checkpoints but would be permanently marked by the pink cards. Tribal pacts called for punishing false accusations of ISIS affiliation, but they also prohibited legal defense for those affiliated with ISIS. IDPs were also often the targets of stigmatization or discrimination because of familial rivalries or economic reasons, rather than affiliation with ISIS.

Multiple international NGOs reported that PMF units and Peshmerga prevented civilians, including Sunni Arabs and ethnic and religious minorities, from returning to their homes after government forces ousted ISIS (see section 6). For example, the Office of the UN High Commissioner for Refugees (UNHCR) reported that local armed groups barred returns to certain areas of Baiji, Salah al-Din Governorate. Similarly, Christian CSOs reported that certain PMF groups, including the 30th Shabak Brigade, prevented Christian IDP returns and harassed Christian returnees in several towns in the Ninewa Plain, including Bartalla and Qaraqosh. Members of the 30th Brigade refused to implement a decision from the prime minister to remove checkpoints.

There were reports some PMF groups harassed or threatened civilians fleeing conflict zones or returning to liberated areas and targeted civilians with threats, intimidation, physical violence, abduction, destruction or confiscation of property, and killing.

The KRG restricted movement across the areas it administered. Authorities required nonresidents to obtain permits that authorized limited stays in the IKR. These permits were generally renewable. Citizens who sought to obtain residency permits for KRG-controlled areas required sponsorship from a resident in the region. Humanitarian actors described the sponsorship program as effective in enabling the return of thousands of IDPs. Citizens of all ethnosectarian backgrounds, including Kurds, crossing into the IKR from central or southern regions were obligated to cross through checkpoints and undergo personal and vehicle inspection. The government imposed similar restrictions on IDPs from Ninewa Governorate and the disputed territories.

KRG authorities applied restrictions more stringently in some areas than in others. The United Nations and international humanitarian organizations stated that restrictiveness of entry for IDPs and refugees seeking to return depended upon the ethnosectarian background of the displaced individuals and the area to which they intended to return. There were also reports that authorities sometimes closed checkpoints into the region for extended periods, forcing IDPs to wait, often resulting in secondary displacement. Officials prevented individuals whom they deemed security threats from entering the region. KRG officials generally admitted minority IDPs into the IKR, although security checks reportedly were lengthy on occasion. Entry reportedly was often more difficult for men, particularly Arab men traveling without family.

HRW reported in September that the KRG was preventing an estimated 4,200 Sunni Arabs from returning home to 12 villages east of Mosul. Affected families said they were blocked from their homes and farmland and were unable to earn a living. KRG authorities provided explanations for the blocked returns but allowed only Kurdish residents and Arabs with KRG ties to return, leading to suspicions that the restriction was based on security concerns regarding perceived ISIS ties.

Foreign Travel: The government required exit permits for citizens leaving the country, but the requirement was not routinely enforced.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations in providing protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. The government did not have effective systems to assist all of these individuals, largely due to funding shortfalls and lack of capacity. Humanitarian protection experts assessed that conditions in IDP camps were highly susceptible to sexual exploitation and abuse. Refugees and IDPs reported frequent sexual harassment, both in camps and cities in the IKR. Local NGOs reported on cases where camp management and detention employees subjected IDPs and refugees to various forms of abuse and intimidation.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Syrians made up the vast majority of the refugee population, and almost all refugees resided in the IKR. The KRG generally cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees in the country.

In October Syrian refugees began fleeing into the IKR following the Turkish incursion into northeast Syria. The KRG cooperated with UNHCR in allowing these individuals to seek refuge in camps and receive basic assistance. The KRG allowed Syrian refugees with family in the IKR to live outside of camps. As of mid-November, the number of newly displaced Syrians in Iraq exceeded 16,000.

Freedom of Movement: Syrian refugees continued to face restrictions on residence and movement outside the IKR.

Employment: Refugees and asylum seekers are legally entitled to work in the private sector. The central government does not recognize the refugee status of Palestinians, but the KRG does. They are allowed to work in the private sector but are required to renew their status annually. Syrian refugees were able to obtain and renew residency and work permits both in refugee camps and in the IKR, although not in the rest of the country. Authorities arrested refugees with IKR residence permits who sought work outside the region and returned them to the IKR. A UNHCR survey of Syrian refugees in the IKR between April and June showed that 89 percent of the refugee families had at least one family member regularly employed in some form of livelihood activity.

Durable Solutions: There was no large-scale integration of refugees in the central and southern regions of the country. Ethnic Kurdish refugees from Syria, Turkey, and Iran generally integrated well in the IKR, although economic hardship reportedly plagued families and prevented some children, especially Syrians, from enrolling in formal school. For the 2018-19 school year, the KRG Ministry of Education began teaching all first- and second-grade classes for Syrian refugees outside refugee camps in Sorani Kurdish in Erbil and Sulaimaniya Governorates and Badini Kurdish in Duhok Governorate instead of the dialects of Kurmanji Kurdish spoken by Syrian Kurds, while offering optional instruction in Sorani and Badini to those inside refugee camps.

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. Despite violence and other irregularities in the conduct of elections, citizens were generally able to exercise this right.

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. The law allows some individuals convicted of corruption to receive amnesty upon repaying money they had obtained by corruption, which had the effect of allowing them to keep any profits from stolen funds. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.

Corruption: According to a statement by a member of the Parliament Services Committee, the number of “sham projects” in the country since 2003 was in excess of 6,000. The estimated cost of these “phantom projects” was approximately 200 trillion dinars ($176 billion) over the past 16 years. Bribery, money laundering, nepotism, and misappropriation of public funds were common at all levels and across all branches of government. Family, tribal, and ethnosectarian considerations significantly influenced government decisions at all levels and across all branches of government. Investigations of corruption were not free from political influence, as evidenced by the arrest warrant issued in November for Talal al-Zubaie, who was previously the chairman of the Integrity Commission. Zubaie was wanted for corruption charges stemming from his time serving as the commission’s chairman.

Anticorruption efforts were hampered by a lack of agreement concerning institutional roles and political will, political influence, lack of transparency, and unclear governing legislation and regulatory processes. Although anticorruption institutions increasingly collaborated with civil society groups, the effect of expanded cooperation was limited. Media and NGOs attempted to expose corruption independently, but their capacity was limited. Anticorruption, law enforcement, and judicial officials, as well as members of civil society and media, faced threats, intimidation, and abuse in their efforts to combat corrupt practices.

In February the prime minister established a High Council for Combatting Corruption, which along with the Parliamentary Integrity Committee, was charged with developing national policies and strategies to confront corruption. Although the Commission of Integrity (COI) investigated several high-profile cases, prosecution and conviction rates were low. In August the COI issued a summary of the commission’s biannual report, finding the commission filed more than 4,783 corruption cases and issued more than 857 arrest warrants. There were almost 442 convictions, including three ministers and 27 senior officials, although the convictions remained anonymous. The report stated that the law allowed more than 986 convicted persons amnesty upon repaying money they had obtained by corruption.

The Central Bank leads the government’s efforts to combat money laundering and terrorist financing. Through the Offices of Banking Supervision and Financial Intelligence Unit, the Central Bank worked with law enforcement agencies and the judiciary to identify and prosecute illicit financial transactions. The investigatory capacity of authorities remained extremely limited, although they were successful in prosecuting a small number of money-laundering cases linked to ISIS. Political party influence on government institutions and intimidation of government employees made it difficult for authorities to investigate money-laundering cases related to corruption. Numerous mid-level government officials were fired due to involvement in investigations of money-laundering cases linked to influential political party members. The COI, which prosecutes money-laundering cases linked to official corruption, suffered from a lack of investigatory capacity.

The Council of Ministers Secretariat has an anticorruption advisor, and the COR has an integrity committee. The Council of Ministers secretary general led the Joint Anticorruption Council, which also included agency inspectors general. In October the Council dismissed 1,000 civil servants after convicting them of public integrity crimes including wasting public money, deliberately damaging public money and embezzlement. On August 24, the prime minister’s media office announced that the Supreme Council for Combating Corruption had presented 8,824 cases of corruption to the judiciary.

Border corruption was also a problem. In June the Baghdad Post newspaper’s website posted footage that revealed a long line of trucks, believed to be smuggling goods across the border, being allowed to bypass regulations and taxes. Local officials told reporters that the smuggling ring was controlled by government officials and the IRGC.

The KRG maintained its own COI, which issued its first report in 2017. The COI lacked the resources and investigators needed to pursue all potential corruption cases, according to one specialist on the issue.

In August 2018 the KRG formally launched Xizmat (services), a government reform program to document and provide more efficient and transparent government services to citizens in the IKR using an online portal. Deputy Prime Minister Qubad Talabani reported in May that this system, in addition to other digital reforms, helped remove complications, identify unnecessary processes, and expose thousands of “ghost employees.”

Financial Disclosure: The law authorizes the COI to obtain annual financial disclosures from senior public officials, including ministers, governors, and parliamentarians, and to take legal action for nondisclosure. Penalties range from fines to imprisonment. A unified system for enforcing annual financial disclosures does not exist. The COI has no jurisdiction over the IKR, but Kurdish members of the central government were required to conform to the law. The law obligates the COI to provide public annual reports on prosecutions, transparency, accountability, and ethics of public service. According to the COI’s semiannual report, all of the members of parliament (MPs) and half of the 15 governors submitted financial disclosure information, a considerable increase over previous years.

The Kurdistan Commission on Public Integrity is responsible for distributing and collecting financial disclosure forms in the IKR. There was no information available indicating that public officials faced penalties for financial nondisclosure.

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

A number of domestic and international human rights groups operated, in most cases with little government restriction or interference, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Due to the ISIS-driven humanitarian crisis, the majority of local NGOs focused on assisting IDPs and other vulnerable communities. In some instances, these NGOs worked in coordination with central government and KRG authorities. A number of NGOs also investigated and published findings on human rights cases. There were some reports of government interference with NGOs investigating human rights abuses and violations involving government actors.

HRW reported on at least 22 incidents of harassment, intimidation, or assault on aid workers by government officials in Ninewa during the first two months of the year. According to the report, authorities in Ninewa harassed, threatened, and arrested aid workers and brought false terrorism charges against them in some cases. HRW reported that local authorities also compelled organizations to stop providing services to families accused of ISIS ties.

NGOs faced capacity-related problems, did not have regular access to government officials and, as a result, were not able to provide significant protections against failures in governance and human rights abuses. Domestic NGOs’ lack of sustainable sources of funding hindered the sector’s long-term development. The government rarely awarded NGOs contracts for services. While the law forbids NGOs from engaging in political activity, political parties or sects originated, funded, or substantially influenced many domestic NGOs.

NGOs were prevented from operating in certain sectors (see section 6, Women) NGOs registered in Erbil could not operate outside the IKR and KRG-controlled disputed territories (see section 2.b.).

The IKR had an active community of mostly Kurdish NGOs, many with close ties to, and funding from, the PUK and KDP political parties. Government funding of NGOs legally is contingent upon whether an NGO’s programming goals conform to already-identified KRG priority areas. The KRG NGO Directorate established formal procedures for awarding funds to NGOs, which included a public description of the annual budget for NGO funding, priority areas for consideration, deadlines for proposal submission, establishment of a grant committee, and the criteria for ranking proposals.

The United Nations or Other International Bodies: The government and the KRG sometimes restricted the access of the United Nations and other international organizations to sensitive locations, such as Ministry of Interior-run detention facilities holding detainees suspected of terrorism.

Government Human Rights Bodies: The IHCHR is constitutionally mandated. The law governing the IHCHR’s operation provides for 12 full-time commissioners and three reserve commissioners with four-year, nonrenewable terms; in 2017 new commissioners assumed duties. The law provides for the IHCHR’s financial and administrative independence and assigns it broad authority, including the right to receive and investigate human rights complaints, conduct unannounced visits to correctional facilities, and review legislation. Some observers reported the commissioners’ individual and partisan political agendas largely stalled the IHCHR’s work. The IHCHR actively documented human rights violations and abuses during the demonstrations that started in October but briefly discontinued publishing the number of protest-related deaths, reportedly due to pressure from the Prime Minister’s Office.

The IHRCKR issued periodic reports on human rights, trafficking in persons, and religious freedom in the IKR. The commission reported KRG police and security organizations generally had been receptive to human rights training and responsive to reports of violations. Both the IHRCKR and KHRW conducted human rights training for police and Asayish, mainly for investigators. The IHRCKR worked with the Ministry of Peshmerga to establish an International Human Rights Institute within the ministry during the year.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution states that citizens have the right to form and join unions and professional associations. The law, however, prohibits the formation of unions independent of the government-controlled General Federation of Iraqi Workers and in workplaces with fewer than 50 workers. The law does not prohibit antiunion discrimination or provide reinstatement for workers fired for union activity. The law allows workers to select representatives for collective bargaining, even if they are not members of a union, and affords workers the right to have more than one union in a workplace. In June the government ratified International Labor Organization Convention 87, Freedom of Association and Protection of the Right to Organize.

The law also considers individuals employed by state-owned enterprises (who made up approximately 10 percent of the workforce) as public-sector employees. CSOs continued to lobby for a trade union law to expand union rights.

Private-sector employees in worksites employing more than 50 workers may form workers committees–subdivisions of unions with limited rights–but most private-sector businesses employed fewer than 50 workers.

Labor courts have the authority to consider labor law violations and disputes, but no information was available concerning enforcement of the applicable law, including whether procedures were prompt or efficient. Strikers and union leaders reported that government officials threatened and harassed them.

The law allows for collective bargaining and the right to strike in the private sector, although government authorities sometimes violated private-sector employees’ collective bargaining rights. Some unions were able to play a supportive role in labor disputes and had the right to demand government arbitration.

Media reported that 3,000 contract workers in the electrical industry formed a union in late 2017 after the government failed to pay five months of wages. After the Ministry of Electricity fired 100 union leaders following initial protests in March, thousands of workers reportedly organized sit-ins at power plants. Protesters reportedly demanded the government reinstate the fired workers, include electrical contract workers in the pension and social security system with the same benefits as permanent workers, and pay them a minimum monthly wage of 400,000 dinars ($350). In May the government acquiesced to these demands and agreed to include all 150,000 public-sector contract workers in the pension and social security system.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor–including slavery, indebtedness, and trafficking in persons–but the government did not effectively monitor or enforce the law. Penalties were not sufficient to deter violations.

Employers subjected foreign migrant workers–particularly construction workers, security guards, cleaners, repair persons, and domestic workers–to forced labor, confiscation of travel and identity documents, restrictions on movement and communications, physical abuse, sexual harassment and rape, withholding of wages, and forced overtime. There were cases of employers withholding travel documents, stopping payment on contracts, and preventing foreign employees from leaving the work site.

Employers subjected women to involuntary domestic service through forced marriages and the threat of divorce, and women who fled such marriages or whose husbands divorced them were vulnerable to social stigma and further forced labor. Female IDPs, single women, and widows were particularly vulnerable to economic exploitation and discriminatory employment conditions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The constitution and law prohibit the worst forms of child labor. In areas under central government authority, the minimum age for employment is 15. The law limits working hours for persons younger than 18 to seven hours a day and prohibits employment in work detrimental to health, safety, or morals of anyone younger than 18. The labor code does not apply to juveniles (ages 15 to 18) who work in family-owned businesses producing goods exclusively for domestic use. Since children employed in family enterprises are exempt from some protections in the labor code with regard to employment conditions, there were reports of children performing hazardous work in family-owned businesses.

The law mandates employers bear the cost of annual medical checks for working juveniles. Children between the ages of 12 and 15 are not required to attend school, but also not permitted to work; thus, they were vulnerable to the worst forms of child labor. Penalties include imprisonment for a period of 30 days to six months and a fine of up to one million dinars ($880), to be doubled in the case of a repeated offense. Data on child labor was limited, particularly with regard to the worst forms of child labor, a factor that further limited enforcement of existing legal protections.

Child labor, including in its worst forms, occurred throughout the country. For example, 12-year-old Mohammed Salem told the French Media Agency in July 2018 that, since his father was killed by ISIS, he supported his mother and himself by selling tissues for 15 hours a day on the street in eastern Mosul. The Iraqi Observatory for Human Rights documented cases of displaced children forced to migrate with their families and subsequently engaged in child labor (see sections 2.d. and 6, Children).

The Ministry of Labor and Social Affairs was charged with enforcing the law prohibiting child labor in the private and public sectors, and labor law enforcement agencies took actions to combat child labor. Gaps existed within the authority and operations of the ministry that hindered labor law enforcement, however, including an insufficient number of labor inspectors and a lack of funding for inspections, authority to assess penalties, and labor inspector training. Inspections continued, and resumed in liberated areas, but due to the large number of IDPs, as well as capacity constraints and the focus on maintaining security and fighting terrorism, law enforcement officials and labor inspectors’ efforts to monitor these practices were ineffective. Penalties for violations did not serve as a deterrent.

In the IKR education is mandatory until age 15, which is also the minimum age for legal employment.

In September 2018 a Kurdish human rights group found almost 500 children begging in Sulaimaniyah Governorate and approximately 2,000 children begging in Erbil Governorate, with the majority of these being IDPs and refugees. The group had no data from Duhok Governorate. The majority were from IDP or refugee families. The KRG Ministry of Labor and Social Affairs estimated that 1,700 children worked in the IKR, often as street vendors or beggars, making them particularly vulnerable to abuse. The KRG Ministry of Labor and Social Affairs operated a 24-hour hotline for reporting labor abuses, including child labor, that received approximately 200 calls per month.

Local NGOs reported that organized gangs also recruited children to beg. The Ministry of Labor and Social Affairs continued a grants program to encourage low-income families to send their children to school rather than to beg in the streets.

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 constitution provides that all citizens are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status. The law prohibits discrimination based on gender, race, religion, social origin, political opinion, language, disability, or social status. It also prohibits any forms of sexual harassment in the workplace. The government was ineffective in enforcing these provisions. The law does not prohibit discrimination based on age, sexual orientation or gender identity, HIV-positive status, or other communicable diseases. The law allows employers to terminate workers’ contracts when they reach retirement age, which is lower by five years for women. The law gives migrant Arab workers the same status as citizens but does not provide the same rights for non-Arab migrant workers, who faced stricter residency and work visa requirements.

Many persons of African descent lived in extreme poverty and were nearly 80 percent illiterate; more than 80 percent were reportedly unemployed. According to some sources, they make up 15 to 20 percent of the Basrah region’s 2.5 million inhabitants. They were not represented in politics, held no senior government positions, and reported that discrimination kept them from obtaining government employment.

Despite constitutional guarantees, no laws prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities had limited access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services.

Although the Council of Ministers issued a decree in 2016 ordering access for persons with disabilities to buildings and to educational and work settings, incomplete implementation continued to limit access. There is a 5 percent public-sector employment quota for persons with disabilities, but employment discrimination persisted, and observers projected that the quota would not be met by the end of the year. The Ministry of Labor and Social Affairs maintained loans programs for persons with disabilities for vocational training.

Discrimination in employment and occupation occurred with respect to women, foreign workers, and minorities (see section 6). Media reported in February and June that the availability of foreign workers willing to accept longer hours and lower pay in unskilled positions had increased Iraqi unemployment to approximately 23 percent and led foreign workers to commandeer certain undesired industries such as janitorial services and the food industry, resulting in social stigmatization. Economic analyst Anas Morshed told media in February, “For example, Bangladeshis are most favored for cleaning work, whereas trades and shopping centers prefer to hire Syrians and other Arab nationalities.”

There were more than 15 unions, associations, and syndicates in the IKR, all led by all-male executive boards. In response, the Kurdistan United Workers Union established a separate women’s committee, reportedly supported by local NGOs, to support gender equality and advance women’s leadership in unions in the IKR.

e. Acceptable Conditions of Work

The national minimum wage, set by federal labor law, was increased and was above the poverty line. The law limits the standard workday to eight hours, with one or more rest periods totaling 30 minutes to one hour, and the standard workweek to 48 hours. The law permits up to four hours of overtime work per day and requires premium pay for overtime work. For industrial work, overtime should not exceed one hour per day. The government sets occupational health and safety standards. The law states that for hazardous or exhausting work, employers should reduce daily working hours. The law provides workers the right to remove themselves from a situation endangering health and safety without prejudice to their employment but does not extend this right to civil servants or migrant workers, who together made up the majority of the country’s workforce.

The Ministry of Labor and Social Affairs has jurisdiction over matters concerning labor law, child labor, wages, occupational safety and health topics, and labor relations. The ministry’s occupational safety and health staff worked throughout the country, but the government did not effectively enforce regulations governing wages or working conditions. The number of inspectors was not sufficient to deter violations. Penalties for violations did not serve as a deterrent.

The legal and regulatory framework, combined with the country’s high level of violence and insecurity, high unemployment, large informal sector, and lack of meaningful work standards, resulted in substandard conditions for many workers. Workplace injuries occurred frequently, especially among manual laborers. A lack of oversight and monitoring of employment contracts left foreign and migrant workers vulnerable to exploitative working conditions and abusive treatment. Little information was available on the total number of foreign workers in the country, although some observers reported that large groups of migrant workers, many of them in the country illegally, lived in work camps, sometimes in substandard conditions.

Libya

Executive Summary

Libya’s Government of National Accord (GNA) is a transitional government, created by the 2015 Libyan Political Agreement. The 2011 Constitutional Declaration envisions a parliamentary democracy that allows for the exercise of political, civil, and judicial rights. Citizens elected an interim legislature, the Libyan House of Representatives (HoR), in free and fair elections in 2014. The country is in a state of civil conflict. The GNA, headed by Libyan prime minister Fayez al-Sarraj, governed only a limited portion of the country. Parallel, unrecognized institutions in eastern Libya, especially those aligned with the self-styled “Libyan National Army” (LNA) led by General Khalifa Haftar, continued to challenge the authority of the GNA.

During the year the GNA had limited effective control over security forces, and these forces consisted of a mix of semi-regular units, tribal nonstate armed groups, and civilian volunteers. The national police force, which reports to the Ministry of Interior, has official responsibility for internal security. The armed forces under the Ministry of Defense have the primary mission for external defense, but they also supported Ministry of Interior forces on internal security matters. Civilian authorities had only nominal control of police and the security apparatus, and security-related police work generally fell to disparate informal armed groups, which received salaries from the government and exercised law enforcement functions without formal training or supervision and with varying degrees of accountability.

Conflict heightened during the year among GNA-aligned armed nonstate armed groups and other nonstate actors. The LNA exercised varying levels of control over the majority of Libyan territory at various points during the year. Informal nonstate armed groups filled security vacuums across the country, although several in the west aligned with the GNA as a means of accessing state resources. ISIS-Libya attempted to maintain a presence, although limited, primarily in the southwestern desert region. The UN and international partners were leading efforts to broker a cessation of hostilities in Tripoli and urged stakeholders to return to a UN-mediated political process.

Significant human rights issues included arbitrary and unlawful killings, including of politicians and members of civil society, by armed groups including some aligned with the GNA and the LNA, criminal gangs, and ISIS-Libya; forced disappearances; torture perpetrated by armed groups on all sides; arbitrary arrest and detention; harsh and life-threatening conditions in prison and detention facilities, some of which were outside government control; political prisoners held by nonstate actors; unlawful interference with privacy, often by nonstate actors; undue restrictions on free expression and the press, including violence against journalists and criminalization of political expression; widespread corruption; trafficking in persons; threats of violence against ethnic minorities and foreigners; criminalization of same-sex sexual orientation; and use of forced labor.

Impunity from prosecution was a severe and pervasive problem. Divisions between political and security apparatuses in the west and east, a security vacuum in the south, and the presence of terrorist groups in some areas of the country severely inhibited the government’s ability to investigate or prosecute abuses. The government took limited steps to investigate abuses; however, constraints on the government’s reach and resources, as well as political considerations, reduced its ability or willingness to prosecute and punish those who committed such abuses. Although bodies such as the Ministry of Justice and the Office of the Attorney General issued arrest warrants and opened prosecutions of abuses, limited policing capacity and fears of retribution prevented orders from being carried out.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The Constitutional Declaration provides for freedom of opinion, expression, and press, but various armed groups, including those aligned with the GNA, exerted significant control over media content, and censorship was pervasive. Unidentified assailants targeted journalists and reporters for political views.

Freedom of Expression: Freedom of speech was limited in law and practice. The law criminalizes acts that “harm the February 17 revolution of 2011.” The HoR, since its election in 2014, and the GNA, since taking its seat in Tripoli in 2016, have done little to lessen restrictions on freedom of speech. Civil society organizations practiced self-censorship because they believed armed groups would threaten or kill activists. Widespread conflict in major urban areas deepened the climate of fear and provided cover for armed groups to target vocal opponents with impunity.

International and local human rights organizations claimed that human rights defenders and activists faced continuing threats–including physical attacks, detention, threats, harassment, and disappearances–by armed groups, both those aligned with and opposed to the GNA.

Observers reported that individuals censored themselves in everyday speech. Armed groups reportedly used social media to target political opponents, incite violence, and engage in hate speech. According to UNSMIL, various news publications and television stations published calls to violence, spread intentionally false news, and permitted ad hominem attacks.

Press and Media, Including Online Media: Press freedoms were limited in all forms of media, creating an environment in which virtually no independent media existed. International news agencies reported difficulties obtaining journalist visas, encountered refusals to issue or recognize press cards, and were barred from reporting freely in certain areas, especially eastern cities. UNSMIL documented restrictions imposed by the Foreign Media Department at the Ministry of Foreign Affairs, which seriously affected the operations of journalists in Tripoli.

Violence and Harassment: The international NGO Reporters Without Borders reported that all sides used threats and violence to intimidate journalists. Harassment, threats, abductions, violence, and killings made it nearly impossible for media to operate in any meaningful capacity in areas of conflict. In the first half of the year, UNSMIL reviewed 23 cases of threats, intimidation, and violence against journalists; two cases of unlawful killing; and 10 cases of arbitrary arrest and detention. Journalists were targeted based on their media work or other factors, including tribal affiliation.

Impunity for attacks on members of media exacerbated the problem, with no monitoring organizations, security forces, or a functioning judicial system to constrain or record these attacks.

On January 19, Mohamed Ben Khalifa, an Associated Press photographer, was killed by an airstrike while covering clashes between rival nonstate armed groups south of Tripoli. In response to his death, protests condemning violence against journalists were held in Tripoli, Benghazi, Sebha, and Zuwara, according to the Libyan Center for Freedom of the Press. It is unclear what, if any, efforts authorities took to seek accountability for his death.

On May 2, two Libyan journalists for television broadcaster Libya Al-Ahrar, Mohamed al-Qurj and Mohamed al-Shibani, were abducted while covering the hostilities in Tripoli. Libya Al-Ahrar alleged that LNA-aligned nonstate armed groups were responsible. The journalists were released three weeks later.

Censorship or Content Restrictions: Journalists practiced self-censorship due to the lack of security and intimidation. The unstable security situation created hostility towards civilians and journalists associated with opposing armed groups or political factions.

Libel/Slander Laws: The penal code criminalized a variety of political speech, including speech considered to “insult constitutional and popular authorities” and “publicly insulting the Libyan Arab people.” It and other laws also provide criminal penalties for conviction of defamation and insults to religion. Most reports attributed infringement of free speech to intimidation, harassment, and violence.

National Security: The penal code criminalized speech considered to “tarnish the [country’s] reputation or undermine confidence in it abroad,” but the GNA did not enforce this provision of the code during the year.

Nongovernmental Impact: Nongovernmental armed groups, terrorist groups, and individual civilians regularly harassed, intimidated, or assaulted journalists.

b. Freedoms of Peaceful Assembly and Association

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 Constitutional Declaration recognizes freedom of movement, including foreign travel, emigration, and repatriation, although the government has the ability to restrict freedom of movement. The law provides the government with the power to restrict a person’s movement if it views that person as a “threat to public security or stability,” based on the person’s “previous actions or affiliation with an official or unofficial apparatus or tool of the former regime.”

In-country Movement: The GNA did not exercise control over internal movement in the west, although GNA-aligned armed groups set up some checkpoints. The LNA established checkpoints in the east and south. These checkpoints were occasional targets of attacks by terrorist organizations, including a May 18 attack on an LNA checkpoint at the entrance to an oilfield in Zillah, which was claimed by ISIS-Libya.

There were reports that armed groups controlling airports within the country conducted random checks on departing domestic and international travelers, since the country lacked a unified customs and immigration system.

Citizenship: The Nationality Law states that citizens may lose citizenship if they obtain a foreign citizenship without receiving permission beforehand from authorities, but there is still no process for obtaining permission. Authorities may revoke citizenship if it was obtained based on false information, forged documents, or withheld relevant information concerning nationality. The state lacked the capacity, however, to investigate the authenticity of citizenship applications.

If a father’s citizenship is revoked, the citizenship of his children is also revoked. The law does not specify if a mother’s citizenship is also revoked in this case. The law does not specify if only minor children are susceptible to losing their nationality in this way or if loss of nationality would apply to adult children as well.

Non-Arab communities were marginalized under the Arab nationalist Qadhafi regime. Qadhafi revoked the citizenship of some inhabitants of the Saharan interior of the country, including minorities such as the Tebu and Tuareg, after the regime returned the Aouzou strip along the Libya-Chad border to Chad in 1994. As a result there were many nomadic and settled stateless persons in the country.

Additionally, due to a lack of state control of the southern borders, a large number of irregular migrants of Tebu background entered the country, some of whom reportedly applied for and obtained documents attesting to nationality, including national identification numbers.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: According to UNHCR, refugees, asylum seekers, and migrants were subjected to unlawful killings, arbitrary detention, torture, sexual exploitation, and other abuses by GNA-aligned groups, LNA-aligned and other nonstate groups, and criminal organizations (see section 1.d.).

Conditions in government and extralegal migrant detention facilities included severe overcrowding, insufficient access to toilets and washing facilities, malnourishment, lack of potable water, and spread of communicable diseases (see section 1.c.). Many press reports indicated refugees and migrants were summarily tortured in official and unofficial detention centers. According to numerous press reports, nonstate actors routinely held migrants for ransom payments.

UNSMIL reported migrant deaths in GNA detention centers at Tariq al-Sikkah, Qasr Bin Ghashir, Zawiyah, and Sebha.

On September 19, a Sudanese migrant who had been intercepted on a boat off the coast of Libya was shot and killed by Libyan Coast Guard personnel when he resisted being taken to a detention center, according to the IOM.

Armed groups, criminal gangs, and terrorist organizations involved in human smuggling activities targeted migrants. Numerous reports during the year suggested that various human smugglers and traffickers had caused the death of migrants. Hundreds of rescued migrants who were reported to have been sent to detention centers were later determined to be missing. In June OHCHR called on the GNA to launch an investigation to locate these missing persons. On July 25, up to 150 migrants who set sail from the Libyan coast, including women and children, drowned when a wooden boat piloted by smugglers capsized in the Mediterranean. There were no known arrests or prosecutions by the GNA during the year of Libyan nationals engaged in trafficking or human smuggling.

Women refugees and migrants faced especially difficult conditions, and international organizations received many reports of rape and other sexual violence. The OHCHR concluded in a December 2018 report on interviews with 1,300 migrant women and girls that a majority of female migrants in the country were subject to systematic rape by their traffickers and prison guards or witnessed the rape of others. An al-Jazeera investigation concluded in September 2019 similarly documented systematic female and male rape in migrant detention facilities.

Migrants were exploited for forced labor at the hands of smugglers, traffickers, and GNA-aligned armed groups (see section 7.b.).

Access to Asylum: The country is not party to the 1951 Refugee Convention or its 1967 protocol, although the Constitutional Declaration recognizes the right of asylum and forbids forcible repatriation of asylum seekers. The GNA has not established a system for protecting refugees or asylum seekers. Absent an asylum system, authorities can detain and deport asylum seekers without their having the opportunity to request asylum. The GNA did not legally recognize asylum seekers without documentation as a class distinct from migrants without residency permits.

UNHCR, the IOM, and other international agencies operated within the country and were allowed to assist refugees and immigrants and repatriate those who wish to return to their countries. UNHCR monitored and publicly reported on the situation of refugees and migrants in the country, including those in GNA detention centers. During the year, UNHCR, ICRC, and the IOM provided basic services directly and through local implementing partners to refugees and asylum seekers.

In December 2018 UNHCR and the Ministry of Interior began receiving refugees at a new Gathering and Departure Facility (GDF) in Tripoli, intended to host vulnerable refugees while they awaited resettlement or voluntary repatriation. In July, following an airstrike on the Tajoura migrant detention center in Tripoli, nearly 500 individuals who survived the airstrike spontaneously appeared at the GDF. In September UNSMIL assessed that GDF conditions were overcrowded, contributing to a deteriorating humanitarian situation. On October 2, UNHCR and the Ministry of Interior conducted the first relocation of 15 former Tajoura arrivals to a Community Day Center in Gurji. In November UNHCR reported the GDF hosted 1,200 individuals.

On September 10, the Rwandan government, UNHCR, and the African Union signed a Memorandum of Understanding (MOU) to establish a transit mechanism for refugees and asylum seekers evacuated out of Libya. Under the MOU, Rwanda will receive some refugees and asylum seekers currently held in Libyan migrant detention facilities. The first group of 66 refugees was evacuated to Rwanda on September 26. As of November UNHCR had assisted 2,018 refugees and asylum seekers with leaving Libya, including 1,293 under evacuation programs and another 725 under resettlement programs.

Freedom of Movement: Migrants and refugees are generally considered to be illegally present in Libya and are subject to fines, detention, and expulsion. Migrants attempting sea crossings on the Mediterranean who were later intercepted by the Libyan Coast Guard were considered to have violated Libyan law and were often sent to migrant detention facilities in western Libya.

Access to Basic Services: Refugees registered with UNHCR may access basic protection and assistance from UNHCR and its partners, but during the year the GNA did not provide refugees universal access to health care, education, or other services given the limitations of its health and education infrastructure.

Section 3. Freedom to Participate in the Political Process

The Constitutional Declaration provides citizens the ability to change their government in free and fair periodic elections based on universal and equal suffrage and conducted by secret ballot to provide for the free expression of the will of the people.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials. The government did not implement the law effectively, and officials reportedly engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year but, as in 2018, no significant investigations or prosecutions occurred.

The Constitutional Declaration states that the government shall provide for the fair distribution of national wealth among citizens, cities, and regions. The government struggled to decentralize distribution of oil wealth and delivery of services through regional and local governance structures. There were many reports and accusations of government corruption due to lack of transparency in the GNA’s management of security forces, oil revenues, and the national economy. There were allegations that officials in the GNA submitted fraudulent letters of credit to gain access to government funds.

Corruption: Internal conflict and the weakness of public institutions undermined implementation of the law. Officials frequently engaged with impunity in corrupt practices such as graft, bribery, and nepotism. There were numerous reports of government corruption during the year, including some reports that officials engaged in money laundering, human smuggling, and other criminal activities. The government lacked significant mechanisms to investigate corruption among police and security forces.

Slow progress in implementing decentralization legislation, particularly with regard to management of natural resources and distribution of government funds, led to accusations of corruption and calls for greater transparency.

The Audit Bureau, the highest financial regulatory authority in the country, made efforts to improve transparency by publishing annual reports on government revenues and expenditures, national projects, and administrative corruption. The Audit Bureau also investigated mismanagement at the General Electricity Company of Libya that had lowered production and led to acute power cuts.

The UN Libya Sanctions Committee Panel of Experts, a committee established pursuant to United Nations Security Council Resolution 1970 (2011), continued to make recommendations, including on corruption and human rights issues.

Financial Disclosure: No financial disclosure 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

A number of human rights groups encountered government restrictions when investigating alleged abuses of human rights. The GNA and affiliated nonstate armed groups used legal and nonlegal means to restrict some human rights organizations from operating, particularly organizations with an international affiliation.

The United Nations or Other International Bodies: UNSMIL maintained an office and staff in Tripoli during the year. UN agency representatives were able to visit some areas of the country, contingent on the permission of government and nonstate actors and on local security conditions.

The GNA was unable to assure the safety of UN officials, particularly in areas of the country not under GNA control, but generally cooperated with UN representatives in arranging visits within the country.

Government Human Rights Bodies: The National Council for Civil Liberties and Human Rights, a national human rights institution created by legislative authority in 2011, was not able to operate in the country due to security concerns. The council maintained limited engagement with other human rights organizations and the UN Human Rights Council. It had a minimal presence in Tripoli. Its ability to advocate for human rights and investigate alleged abuses during the reporting period was unclear. The GNA Ministry of Justice has a human rights directorate; however, domestic human rights organizations criticized the body for inactivity.

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 does not provide for the right of workers to form and join independent unions. It provides for the right of workers to bargain collectively and conduct legal strikes, with significant restrictions. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers for union activity. By law workers in the formal sector are automatically members of the General Trade Union Federation of Workers, although they may elect to withdraw from the union. Only citizens may be union members, and regulations do not permit foreign workers to organize. According to Freedom House, some trade unions formed after the 2011 revolution, but they remain in their infancy, and collective-bargaining activity was severely limited due to the continuing hostilities and weak rule of law.

The GNA was limited in its ability to enforce applicable labor laws. The requirement that all collective agreements conform to the “national economic interest” restricted collective bargaining. Workers may call strikes only after exhausting all conciliation and arbitration procedures. The government or one of the parties may demand compulsory arbitration, thus severely restricting strikes. The government has the right to set and cut salaries without consulting workers. State penalties were not sufficient to deter violations.

Employees organized spontaneous strikes, boycotts, and sit-ins in a number of workplaces. In March up to 60 workers at the country’s largest oilfield, al-Sharara, appeared in a video demanding a 67-percent salary increase and timely salary payments. In August the National Oil Corporation requested that the GNA implement a 2013 resolution approving salary increases. The GNA has yet to approve the requested increases.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The GNA, however, did not fully enforce the applicable laws due to its limited capacity. The resources, inspections, and penalties for violations were insufficient to deter violators.

There were numerous anecdotal reports of migrants and IDPs being subjected to forced labor by human traffickers. According to numerous press reports, individuals were compelled to support the armed groups that enslaved them, including by preparing and transporting weapons. Others were forced to perform manual labor on farms, at industrial and construction facilities, and in homes under threat of violence.

Private employers sometimes used detained migrants from prisons and detention centers as forced labor on farms or construction sites; when the work was completed or the employers no longer required the migrants’ labor, employers returned them to detention facilities.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 18 from employment, except in a form of apprenticeship. The law does prohibit the worst forms of child labor. The government lacked the capacity to enforce the law. No information was available concerning whether the law limits working hours or sets occupational health and safety restrictions for children.

There were reports of children forced into labor or military service by nonstate armed groups. These accounts were difficult to verify due to the absence of independent monitoring organizations and the ongoing hostilities.

d. Discrimination with Respect to Employment and Occupation

The Constitutional Declaration provides for a right to work for every citizen and prohibits any form of discrimination based on religion, race, political opinion, language, wealth, kinship, social status, and tribal, regional, or familial loyalty. The law does not prohibit discrimination on age, gender, disability, sexual orientation or gender identity, social status, HIV-positive status, or having other communicable diseases. The law does not specifically prohibit discrimination based on an individual’s employment or occupation.

The limitations of the central government restricted its ability to enforce applicable laws. Discrimination in all the above categories likely occurred.

Women faced discrimination in the workplace. Observers reported that authorities precluded hiring women for positions in the civil service. They reported social pressure on women to leave the workplace, especially in high-profile professions such as journalism and law enforcement. In rural areas societal discrimination restricted women’s freedom of movement, including to local destinations, and impaired their ability to play an active role in the workplace.

e. Acceptable Conditions of Work

The law stipulates a workweek of 40 hours, standard working hours, night shift regulations, dismissal procedures, and training requirements. The law does not specifically prohibit excessive compulsory overtime. There is a national monthly minimum wage. There is not an official poverty income level.

The law provides occupational health and safety standards, and the law grants workers the right to court hearings regarding violations of these standards. The limitations of the GNA restricted its ability to enforce wage laws and health and safety standards. Legal penalties were not sufficient to deter violations of the law.

Certain industries, such as the petroleum sector, attempted to maintain standards set by foreign companies. There was no information available on whether inspections continued during the year. The Ministry of Labor is responsible for occupational safety and health concerns; however, no information was available on enforcement and compliance.

No accurate data on foreign workers were available. Many foreign workers have departed the country due to continuing instability and security concerns.

Nigeria

Executive Summary

Nigeria is a federal republic composed of 36 states and the Federal Capital Territory. In February citizens re-elected President Muhammadu Buhari of the All Progressives Congress party to a second four-year term. Most independent observers agreed the election outcome was credible despite logistical challenges, localized violence, and some irregularities.

The Nigeria Police Force is the primary law enforcement agency along with other federal organizations. The Department of State Services is responsible for internal security and nominally reports to the president through the national security adviser. The Nigerian Armed Forces, which report to the Ministry of Defense, are responsible for external security but also have some domestic security responsibilities. Civilian authorities did not always maintain effective control over the security services.

The insurgency in the Northeast by the militant terrorist groups Boko Haram and the Islamic State in West Africa (ISIS-WA) continued. The groups conducted numerous attacks on government and civilian targets, resulting in thousands of deaths and injuries, widespread destruction, the internal displacement of more than two million persons, and external displacement of an estimated 243,875 Nigerian refugees to neighboring countries as of September 30.

Significant human rights issues included unlawful and arbitrary killings, including extrajudicial killings, forced disappearances, torture, and arbitrary detention, all the above by both government and nonstate actors; harsh and life-threatening prison conditions; unlawful infringement on citizens’ privacy rights; criminal libel; violence against and unjustified arrests of journalists; substantial interference with the rights of peaceful assembly and freedom of association in particular for lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and religious minorities; widespread and pervasive corruption; crimes involving violence targeting LGBTI persons; criminalization of same-sex sexual conduct between adults; and forced and bonded labor.

The government took some steps to investigate alleged abuses but there were few public reports of prosecutions of officials who committed violations, whether in the security forces or elsewhere in the government. Impunity remained widespread at all levels of government. No charges were filed in some of the significant allegations of human rights violations by security forces and cases of police or military extortion or other abuse of power.

The Borno State government provided financial and in-kind resources to the Civilian Joint Task Force (CJTF), a nongovernmental self-defense militia that at times coordinated with the military. Human rights organizations and press reporting alleged the CJTF committed human rights abuses. The government took few steps to investigate or punish CJTF members who committed human rights abuses, including past recruitment and use of child soldiers. Boko Haram recruited and forcefully conscripted child soldiers and carried out scores of person-borne improvised explosive device (IED) attacks–many by young women and girls forced into doing so–and other attacks on population centers in the Northeast and in Cameroon, Chad, and Niger. Abductions by Boko Haram and ISIS-WA continued. Both groups subjected many women and girls to sexual and gender-based violence, including forced marriages, sexual slavery, and rape. The government investigated attacks by Boko Haram and ISIS-WA and took steps to prosecute their members, although the majority of suspects were held in military custody without charge.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution and law provide for freedom of speech and press, the government frequently restricted these rights. In an August press release, HRW expressed concern over threats to freedom of expression, saying recent arrests and detentions of journalists and activists indicated a growing intolerance of dissent.

Freedom of Expression: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression.

Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, and sometimes violence.

Violence and Harassment: Security services increasingly detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military.

Numerous journalists were detained, abducted, or arrested during the year and were still deprived of their liberty as of September, including Abubakar Idris, Stephen Kefas, Jones Abiri, Agba Jalingo, and others. Activist IG Wala was sentenced to seven years in prison, reportedly in retaliation for making ‘unsubstantiated allegations’ against government officials.

Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.

Journalists practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government.

Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

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

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnic violence.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and IDPs. The government participated in a regional protection dialogue to continue to work through a tripartite agreement with UNHCR and Cameroon signed in March 2017 to ensure that any Nigerian refugees in Cameroon returning to Nigeria were fully informed and gave their consent. Nevertheless, the agreement was not fully enforced, and the return of Nigerian refugees to Nigeria was sometimes forced, uninformed, or dangerous. There were reports the government continued to participate in the return of Nigerian refugees from Cameroon that was not fully voluntary or informed (see “Refoulement”).

In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in the states of Adamawa, Borno, and Yobe in connection with operations against Boko Haram and ISIS-WA. Other states imposed curfews in reaction to specific threats and attacks, and rural violence.

Police conducted “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. Many checkpoints operated by military and police remained in place.

f. Protection of Refugees

Refoulement: There were reports the government participated in the return of Nigerian refugees from Cameroon who may have not been voluntary or properly informed. Insecurity in Nigeria prevented most forced returnees from returning to their places of origin. According to UNHCR, most remained in camps in Borno, where resources were scarce. Many did not have access to basic facilities such as shelter, drinking water, sanitation, or medical care.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Asylum seekers originated mainly from Cameroon, the Democratic Republic of the Congo, Central African Republic, Mali, Cote d’Ivoire, Togo, Sudan, and Guinea, with a majority living in urban areas in Cross River State, Lagos, and Ijebu Ode in Ogun State. According to UNHCR, approximately 45,000 Cameroonians fleeing the Anglophone Crisis sought refuge in Cross River, Benue, and Akwa Ibom States.

Durable Solutions: The country received a high number of returnees, both voluntary and forced, primarily in the Northeast. Accurate information on the number of returnees was not available. The government was generally unable to take action to reintegrate returning refugees. Many returnees did not find durable solutions and were forced into secondary displacement.

Temporary Protection: The government provided temporary protection to a few hundred individuals who may not qualify as refugees.

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 based on universal and equal suffrage and conducted by secret ballot.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and government officials frequently engaged in corrupt practices with impunity. Massive, widespread, and pervasive corruption affected all levels of government, including the judiciary and the security services. The constitution provides immunity from civil and criminal prosecution for the president, vice president, governors, and deputy governors while in office. There were numerous reports of government corruption during the year.

Corruption: The Independent Corrupt Practices Commission (ICPC) holds broad authorities to prosecute most forms of corruption. The Economic and Financial Crimes Commission (EFCC) writ extends only to financial and economic crimes. The ICPC led a raid in August that resulted in the arrest of 37 federal road safety officers and five civilian employees on charges of extortion. As of September the EFCC had secured 834 convictions during the year.

Although ICPC and EFCC anticorruption efforts remained largely focused on low- and mid-level government officials, following the 2015 presidential election, both organizations started investigations into and brought indictments against various active and former high-level government officials. Many of these cases were pending in court. According to both the ICPC and the EFCC, the delays were the result of a lack of judges and the widespread practice of filing for and granting multiple adjournments.

EFCC arrests and indictments of politicians continued throughout the year, implicating a significant number of opposition political figures and leading to allegations of partisan motivations on the part of the EFCC.

Financial Disclosure: The Code of Conduct Bureau and Tribunal Act requires public officials–including the president, vice president, governors, deputy governors, cabinet ministers, and legislators (at both federal and state levels)–to declare their assets to the Code of Conduct Bureau (CCB) before assuming and after leaving office. The constitution calls for the CCB to “make declarations available for inspection by any citizen of the country on such terms and conditions as the National Assembly may prescribe.” The law does not address the publication of asset information. Violators risk prosecution, but cases rarely reached conclusion.

In April, Supreme Court Chief Justice Walter Onnoghen was convicted of falsely declaring his assets for failing to reveal money held in five foreign bank accounts. He was banned from holding public office for 10 years and ordered to forfeit the money in the five accounts. President Buhari had suspended Onnoghen over the charges of failing to disclose assets in January several weeks before the presidential election. President Buhari did not receive support for Onnoghen’s removal from two-thirds of the Senate or from the National Judicial Council as the law requires. The timing and process of Onnoghen’s suspension led many opposition candidates, lawyers, and civil society leaders to accuse President Buhari of meddling with the independence of the judiciary.

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 sometimes cooperated and responded to their views, but generally dismissed allegations quickly without investigation. In some cases the military threatened NGOs and humanitarian organizations. In December 2018 a military spokesperson called for the banning of AI after the release of a report on farmer-herder violence, but no action was taken against AI. In September the army ordered Action Against Hunger and Mercy Corps, both humanitarian NGOs, to suspend operations in Borno and Yobe States. The army alleged members of the organizations, who were found with large sums of cash and other questionable items at checkpoints, were aiding and abetting a terrorist organization. Action Against Hunger and Mercy Corps strongly rejected these charges and cooperated with military officials, which resulted in the lifting of suspensions. On October 30, the government announced it would take new steps to vet and monitor humanitarian actors working in the Northeast. The next day both organizations resumed operations. A military board of inquiry continued to investigate the allegations.

Government Human Rights Bodies: The law establishes the NHRC as an independent nonjudicial mechanism for the promotion and protection of human rights. The NHRC monitors human rights through its zonal affiliates in the country’s six political regions. The NHRC is mandated to investigate allegations of human rights abuses and publishes periodic reports detailing its findings, including torture and poor prison conditions. The commission served more of an advisory, training, and advocacy role. During the year there were no reports its investigations led to accountability. The law provides for recognition and enforcement of NHRC awards and recommendations as court decisions, but it was unclear whether this happened.

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, except members of the armed forces, the Central Bank of Nigeria, and public employees who are classified in the broad category of “essential services,” the right to form or belong to any trade union or other association, conduct legal strikes, and bargain collectively; some statutory limitations substantially restrict these rights. Trade unions must meet various registration requirements to be legally established. By law a trade union may only be registered if there is no other union already registered in that trade or profession and if it has a minimum of 50 members, a threshold most businesses could not meet. A three-month notice period, starting from the date of publication of an application for registration in the Nigeria Official Gazette, must elapse before a trade union may be registered. If the Ministry of Labor and Employment does not receive objections to registration during the three-month notice period, it must register the union within three months of the expiration of the notice period. If an objection is raised, the ministry has an indefinite period to review and deliberate on the registration. The registrar may refuse registration because a proper objection has been raised or because a purpose of the trade union violates the Trade Union Act or other laws. Each federation must consist of 12 or more affiliated trade unions, and each trade union must be an exclusive member in a single federation.

The law generally does not provide for a union’s ability to conduct its activities without interference from the government. The law narrowly defines what union activities are legal. The minister of labor and employment has broad authority to cancel the registration of worker and employer organizations. The registrar of trade unions has broad powers to review union accounts at any time. In addition the law requires government permission before a trade union may legally affiliate with an international organization.

The law stipulates that every collective agreement on wages be registered with the National Salaries, Income, and Wages Commission, which decides whether the agreement becomes binding. Workers and employers in export processing zones (EPZs) are subject to the provisions of labor law, the 1992 Nigeria Export Processing Zones Decree, and other laws. Workers in the EPZs may organize and engage in collective bargaining, but there are no explicit provisions providing them the right to organize their administration and activities without interference by the government. The law does not allow worker representatives free access to the EPZs to organize workers, and it prohibits workers from striking for 10 years following the commencement of operations by the employer within a zone. In addition the Nigerian Export Processing Zones Authority, which the federal government created to manage the EPZ program, has exclusive authority to handle the resolution of disputes between employers and employees, thereby limiting the autonomy of the bargaining partners.

The law provides legal restrictions that limit the right to strike. The law requires a majority vote of all registered union members to call a strike. The law limits the right to strike to disputes regarding rights, including those arising from the negotiation, application, interpretation, or implementation of an employment contract or collective agreement, or those arising from a collective and fundamental breach of an employment contract or collective agreement, such as one related to wages and conditions of work. The law prohibits strikes in essential services. The International Labor Organization (ILO), however, states that “essential services” is defined in an overly broad manner. Essential Services include the Central Bank of Nigeria; the Nigerian Security Printing and Minting Company, Ltd.; any corporate body licensed to carry out banking under the Banking Act; postal service; sound broadcasting; telecommunications; maintenance of ports, harbors, docks, or airports; transportation of persons, goods, or livestock by road, rail, sea, or river; road cleaning; and refuse collection. Strike actions, including many in nonessential services, may be subject to a compulsory arbitration procedure leading to a final award, which is binding on the parties concerned.

Strikes based on disputed national economic policy are prohibited. Penalties for conviction of participating in an illegal strike include fines and imprisonment for up to six months.

Workers under collective bargaining agreements may not participate in strikes unless their unions comply with legal requirements, including provisions for mandatory mediation and referral of disputes to the government. Workers may submit labor grievances to the judicial system for review. Laws prohibit workers from forcing persons to join strikes, blocking airports, or obstructing public byways, institutions, or premises of any kind. Persons committing violations are subject to fines and possible prison sentences. The law further restricts the right to strike by making “check-off” payment of union dues conditional on the inclusion of a no-strike clause during the lifetime of a collective agreement. No laws prohibit retribution against strikers and strike leaders, but strikers who believe they are victims of unfair retribution may submit their cases to the Industrial Arbitration Panel with the approval of the Ministry of Labor and Employment. The panel’s decisions are binding on the parties but may be appealed to the National Industrial Court. The arbitration process was cumbersome, time consuming, and ineffective in deterring retribution against strikers. Individuals also have the right to petition the Labor Ministry and may request arbitration from the National Industrial Court.

The law does not prohibit general antiunion discrimination; it only protects unskilled workers. The law does not provide for the reinstatement of workers fired for union activity. A large number of alleged cases in antiunion discrimination and obstruction to collective bargaining were reported during the year. Specific acts include denial of the right to join trade unions, massive dismissals for trying to join trade unions, mass persecution of union members, and arrests of union members, among others.

In 2013 the ILO ruled that many provisions of the Trade Union Act and the Trade Disputes Act contravened ILO conventions 87 and 98 by limiting freedom of association. While workers exercised some of their rights, the government generally did not effectively enforce the applicable laws. Penalties were not adequate to deter violations. Inflation reduced the deterrence value of many fines established by older laws. For example, some fines could not exceed 100 naira ($0.30).

In many cases workers’ fears of negative repercussions inhibited their reporting of antiunion activities. According to labor representatives, police rarely gave permission for public demonstrations and routinely used force to disperse protesters.

Collective bargaining occurred throughout the public sector and the organized private sector but remained restricted in some parts of the private sector, particularly in banking and telecommunications. According to the International Trade Union Confederation, the government and some private-sector employers occasionally failed to honor their collective agreements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, including by children, although some laws provide for a sentence that includes compulsory prison labor. The law provides for fines and imprisonment for individuals convicted of engaging in forced or compulsory labor, and these penalties would be sufficient to deter violations if appropriately enforced. The government does not effectively enforce these laws in many parts of the country. The government took steps to identify or eliminate forced labor, but insufficient resources and lack of training on such laws hampered efforts.

Forced labor remained widespread. Women and girls were subjected to forced labor in domestic service, while boys were subjected to forced labor in street vending, domestic service, mining, stone quarrying, agriculture, and begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The government has laws and regulations related to child labor but does not prohibit all of the worst forms of child labor. Penalties were not sufficient to deter violations.

By law age 12 is the general minimum age for employment. Persons younger than age 14 may be employed only on a daily basis, must receive the day’s wages at the end of each workday, and must be able to return each night to their parents’ or guardian’s residence. By law these regulations do not apply to domestic service. The law also provides exceptions for light work in agriculture and horticulture if the employer is a family member. No person younger than age 16 may work underground, in machine work, or on a public holiday. No “young person,” defined as a person younger than age 18 by the Labor Act, may be employed in any job that is injurious to health, dangerous, or immoral. For industrial work and work on vessels where a family member is not employed, the minimum work age is 15, consistent with the age for completing educational requirements. The law states children may not be employed in agricultural or domestic work for more than eight hours per day. Apprenticeship of youths older than age 12 is allowed in skilled trades or as domestic servants.

The Labor and Employment Ministry dealt specifically with child labor problems but mainly conducted inspections in the formal business sector, where the incidence of child labor reportedly was not significant. The National Agency for the Prohibition of Traffic in Persons has some responsibility for enforcing child labor laws, although it primarily rehabilitates trafficking and child labor victims. Victims or their guardians rarely complained due to intimidation and fear of losing their jobs.

The government’s child labor policy focused on intervention, advocacy, sensitization, legislation, withdrawal of children from potentially harmful labor situations, and rehabilitation and education of children following withdrawal. In an effort to withdraw children from the worst forms of child labor, it operated vocational training centers with NGOs around the country. Despite the policy and action plan, children remained inadequately protected due to weak or nonexistent enforcement of the law.

The worst forms of child labor identified in the country included: commercial agriculture and hazardous farm work (cocoa, cassava); street hawking; exploitative cottage industries such as iron and other metal works; hazardous mechanical workshops; exploitative and hazardous domestic work; commercial fishing; exploitative and hazardous pastoral and herding activities; construction; transportation; mining and quarrying; prostitution and pornography; forced and compulsory labor and debt bondage; forced participation in violence, criminal activity, and ethnic, religious, and political conflicts; and involvement in drug peddling.

Many children worked as beggars, street peddlers, and domestic servants in urban areas. Children also worked in the agricultural sector and in mines. Boys were forced to work as laborers on farms, in restaurants, for small businesses, in granite mines, and as street peddlers and beggars. Girls worked involuntarily as domestic servants and street peddlers.

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 in employment and occupation based on race, sex, religion, political opinion, gender, disability, language, sexual orientation, gender identity, age, HIV-positive status, or social status. The government did not effectively address discrimination in employment or occupation. Penalties were not sufficient to deter violations.

Gender-based discrimination in employment and occupation occurred (see section 6, Women). No laws bar women from particular fields of employment, but women often experienced discrimination due to traditional and religious practices. Police regulations provide for special recruitment requirements and conditions of service applying to women, particularly the criteria and provisions relating to pregnancy and marital status.

NGOs expressed concern about discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and salary equity. According to credible reports, many businesses implemented a “get pregnant, get fired” policy. Women remained underrepresented in the formal sector but played active and vital roles in the informal economy, particularly in agriculture, processing of foodstuffs, and selling of goods at markets. Women employed in the business sector did not receive equal pay for equal work and often encountered difficulty in acquiring commercial credit or obtaining tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination. Several states had laws mandating equal opportunity for women.

Employers frequently discriminated against people living with HIV/AIDs. The government spoke out in opposition to such discrimination, calling it a violation of the fundamental right to work.

e. Acceptable Conditions of Work

President Buhari signed legislation increasing the legal national monthly minimum wage. The minimum wage is still not higher than the poverty income level. Trade unions have protested the failure of the new minimum wage to keep up with inflation. Employers with fewer than 50 employees are exempt from this minimum, and the large majority of workers were not covered. Implementation of the minimum wage, particularly by state governments, remained sporadic despite workers’ protests and warning strikes. Penalties were not sufficient to deter violations.

The law mandates a 40-hour workweek, two to four weeks of annual leave, and overtime and holiday pay, except for agricultural and domestic workers. The law does not define premium pay or overtime. The law prohibits excessive compulsory overtime for civilian government employees.

The law establishes general health and safety provisions, some aimed specifically at young or female workers. The law requires employers to compensate injured workers and dependent survivors of workers killed in industrial accidents. The law provides for the protection of factory employees in hazardous situations. The law does not provide other nonfactory workers with similar protections. The law applies to legal foreign workers, but not all companies respected these laws. Penalties were not sufficient to deter violations.

By law workers may remove themselves from situations that endangered health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations.

The Ministry of Labor and Employment is responsible for enforcing these standards. The ministry did not effectively enforce occupational health and safety law and did not have a sufficient number of inspectors. The department is tasked to inspect factories’ compliance with health and safety standards, but it was underfunded, lacked basic resources and training, and consequently did not sufficiently enforce safety regulations at most enterprises, particularly construction sites and other nonfactory work locations. Labor inspections mostly occurred randomly but occasionally occurred when there was suspicion, rather than actual complaints, of illegal activity. In addition the government did not enforce the law strictly. Authorities did not enforce standards in the informal sector, which included the majority of workers.

South Sudan

Executive Summary

South Sudan is a republic operating under the terms of peace agreements signed in August 2015 and in September 2018 and amended in May to prolong the period prior to the planned formation of a transitional government. President Salva Kiir Mayardit, whose authority derives from his 2010 election as president of what was then the semiautonomous region of Southern Sudan within the Republic of Sudan, is chief of state and head of government. International observers considered the 2011 referendum on South Sudanese self-determination, in which 98 percent of voters chose to separate from Sudan, to be free and fair. Since then all government positions have been appointed rather than elected.

The South Sudan National Police Service (SSNPS), under the Ministry of Interior, is responsible for law enforcement and maintenance of order. The South Sudanese People’s Defense Forces (SSPDF) are responsible for providing security throughout the country and ostensibly operates under the Ministry of Defense and Veterans’ Affairs. The Internal Security Bureau of the National Security Service (NSS), under the Ministry of National Security, has arrest authority for cases connected to national security but operates far beyond its legal authority. Numerous irregular forces, including militias operated by the NSS and proxy forces, operate in the country with official knowledge. Civilian authorities routinely failed to maintain effective control over the security forces.

In 2013 a power struggle within the ruling Sudan People’s Liberation Movement (SPLM) party erupted into armed conflict. President Salva Kiir accused then first vice president Riek Machar Teny of plotting a coup. The two leaders appealed to their respective ethnic communities, and the conflict spread primarily to the northwest of the country. The parties signed several ceasefire agreements, culminating in the 2015 peace agreement. A ceasefire generally held from August 2015 to July 2016, when fighting broke out in Juba, eventually spreading to the rest of the country. The major warring factions signed a “revitalized” peace agreement in September 2018 that continued to hold as of the end of October 2019. Fighting between government forces and other groups not party to the peace agreement, referred to as the “nonsignatories,” continued in some regions.

Significant human rights issues included: government-perpetrated extrajudicial killings, including ethnically based targeted killings of civilians; forced disappearances; torture; arbitrary detention; harsh and life-threatening prison conditions; political prisoners; widespread rape of civilians targeted as a weapon of war; unlawful recruitment and use of approximately 19,000 child soldiers; violence against, intimidation, and detention of journalists; closure of media houses, censorship, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; frequent restrictions on freedom of movement; the mass forced displacement of approximately 3.7 million civilians; restrictions on political participation; widespread corruption; trafficking in persons; crimes involving violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons, and the use of laws criminalizing consensual same-sex sexual conduct between adults.

Security force abuses occurred throughout the country. Despite isolated examples of prosecution for these crimes, impunity was widespread and remained a major problem.

Opposition forces also perpetrated serious human rights abuses, which, according to the United Nations, included unlawful killings, abduction, rape, sexual slavery, and forced recruitment of children and adults into combat and noncombat roles.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The transitional constitution provides for freedom of expression, including for the press. The government and its agents frequently violated these rights in the name of national security, however, and the downward trend in respect for these freedoms since 2011 continued.

Freedom of Expression: Civil society organizations must register with the government under the 2013 NGO Act (and the subsequent 2016 Act). The government regularly attempted to impede criticism by monitoring, intimidating, harassing, arresting, or detaining members of civil society who publicly criticized the government.

Press and Media, Including Online Media: The government maintained strict control of media, both print and electronic. The government suppressed dissenting voices, forcing some civil society organizations and media houses to shut down or flee the country. Government officials or individuals close to the government regularly interfered in the publication of articles and broadcasting of programs, and high-level government officials stated press freedom should not extend to criticism of the government or soliciting views of opposition leaders.

Most organizations practiced self-censorship to ensure their safety, and authorities regularly censored newspapers, directly reprimanded publishers, and removed articles deemed critical of the government. Many print media outlets reported NSS officers forcing the removal of articles at the printing company (where all newspapers are printed), often leaving a blank spot where the article was originally meant to appear. For example, on January 24, the NSS removed an article about the new governor of Tonj State from the Dawn. On April 8, the NSS removed an opinion article in the Arabic daily newspaper al-Mougif written by a former government minister; there were a number of other similar cases of censorship during the year.

Since the outbreak of conflict in 2013, the government tried to dictate media coverage of the conflict and threatened those who tried to publish or broadcast views of the opposition. The Media Authority advised international journalists not to describe conflict in the country in tribal terms and described any such references as “hate speech.” The NSS regularly harassed, intimidated, and summoned journalists for questioning. The environment for media workers remained precarious throughout the year.

In March 2018 the media regulatory body, the Media Authority, announced its intention to shut down Miraya FM, run by UNMISS, for “persistent noncompliance.” The Media Authority stated it was not censoring the station, but rather monitoring for “hate speech and incitement.” Because Miraya FM’s transmitter is located within a UN compound, the government was unable to take it off the air, although the government continued to jam Miraya’s frequency to disrupt its broadcasts during the year. The jamming affected areas within a mile of the country’s national public service broadcaster, the South Sudan Broadcasting Corporation, compound in Nyakuron. Miraya FM reporters were occasionally harassed when attempting to cover events outside of the UN compound and were not invited to government-sponsored media events.

Violence and Harassment: Security forces commonly intimidated or detained journalists whose reporting they perceived as unfavorable to the military or government. Security forces confiscated or damaged journalists’ equipment and restricted their movements. During the year journalists were interrogated, harassed, detained, and imprisoned. NSS representatives frequently harassed journalists by detaining them at NSS headquarters or local police stations without formal charges. Government harassment was so pronounced that several journalists chose to flee the country. Journalists and media agencies that reported on news of the opposition could expect questioning and possibly closure. Journalists in Juba experienced threats and intimidation and routinely practiced self-censorship. On several occasions, high-level officials publicly used intimidating language directed toward media outlets and representatives.

There were multiple reports of abuses similar to the following example: In January the Arabic language al-Watan newspaper published a series of editorials by its editor in chief Michael Rial Christopher describing the al Bashir regime in Sudan as a dictatorship and predicting its downfall. Subsequently, Christopher began to experience a pattern of anonymous harassment and government restrictions. Christopher and many other journalists were warned not to report on the situation in Sudan. A series of threatening anonymous telephone calls forced Christopher into hiding, and he left the country for Egypt. Christopher returned to South Sudan and resumed his life, although his newspaper was suspended, ostensibly for bureaucratic reasons. On July 15, as he was departing Juba for medical treatment, NSS officials at the Juba airport boarded his plane and detained Christopher, confiscated his passport, and ordered him to report to NSS headquarters (colloquially known as the “Blue House”) the next day for questioning. On July 17, he reported to the Blue House again and was detained for 39 days without charges before being released. During his detention he did not have access to a lawyer, his family, or the medical treatment that prompted his attempt to travel from Juba.

There continued to be no credible investigation into the killing of freelance journalist Christopher Allen in 2017.

b. Freedoms of Peaceful Assembly and Association

The government generally respected freedom of peaceful assembly but restricted freedom of association.

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 transitional constitution provides for freedom of internal movement, foreign travel, and repatriation. The government, however, often restricted these rights and routinely blocked travel of political figures within the country and outside the country. Despite multiple pledges from the government to dismantle checkpoints, they remained a common problem. Security forces manning these checkpoints routinely used them as opportunities to charge illegal fees and discriminate against minorities.

The transitional constitution does not address emigration.

In-country Movement: IDPs remained in UNMISS PoC sites due to fear of retaliatory or ethnically targeted violence by armed groups, both government- and opposition-affiliated. The government often obstructed humanitarian organizations seeking to provide protection and assistance to IDPs and refugees. Continuing conflict between government and opposition forces restricted the movement of UN personnel and the delivery of humanitarian aid (see section 1.g.).

Foreign Travel: Due to arbitrary restrictions, individuals were sometimes prevented from leaving the country.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Refugees sometimes suffered abuse, such as armed attacks, killings, gender-based violence, forced recruitment, including of children, and forced labor, according to the UN High Commissioner for Refugees (UNHCR).

Access to Asylum: The South Sudan Refugee Act provides for protection of refugees as well as the granting of asylum and refugee status. The government allowed refugees from a variety of countries to settle and generally did not treat refugees differently from other foreigners.

Access to Basic Services: While refugees sometimes lacked basic services, this generally reflected a lack of capacity in the country to manage refugee problems rather than government practices that discriminated against refugees. Refugee children had access to elementary education in refugee camps through programs managed by international NGOs and the United Nations. Some schools were shared with children from the host community. In principle refugees had access to judiciary services, although a lack of infrastructure and staff meant these resources were often unavailable.

Due to continuing conflict and scarcity of resources, tension existed between refugees and host communities in some areas over access to resources.

Durable Solutions: The government accepted refugees and returnees for reintegration, and efforts to develop a framework for their integration or reintegration into local communities were in progress. No national procedures were in place to facilitate the provision of identity documents for returnees or the naturalization of refugees beyond procedures that were in place for all citizens and other applicants.

Section 3. Freedom to Participate in the Political Process

The transitional constitution provides that every citizen has the right to participate in elections in accordance with the constitution and the law. Since the 2011 referendum on South Sudanese self-determination, no elections have been held. Elected officials were arbitrarily removed, and others were appointed to take their place.

Section 4. Corruption and Lack of Transparency in Government

The transitional constitution provides for criminal penalties for acts of corruption by officials. The government did not implement the law, however, and officials engaged in corrupt practices with impunity.

Corruption: Corruption was endemic in all branches of government. Poor recordkeeping, lax accounting procedures, absence of adherence to procurement laws, a lack of accountability, and the pending status of corrective legislation compounded the problem.

The transitional constitution assigns responsibility for investigating and prosecuting corruption to the South Sudan Anticorruption Commission (SSACC). The commission has no authority to prosecute because the constitution did not repeal or amend previous laws vesting prosecutorial powers in the Ministry of Justice. The criminal code does not define corruption. A draft law to correct these issues has been pending since 2013.

The National Audit Chambers Act of 2011 established a National Audit Chamber (NAC) to be led by an auditor general to conduct independent audits of government ministries, state governments, and other entities. The NAC did not have authority to prosecute cases, nor is it permitted to publish findings without approval from the executive branch. The institution has not published any findings since early 2013.

Chapter IV of both the 2015 peace agreement and the 2018 revitalized peace agreement calls for the government to be transparent and accountable and for political leaders to fight against corruption. Chapter IV also calls for the establishment of an oversight mechanism to control revenue collection, budgeting, revenue allocation, and expenditures. The agreement mandates that both the SSACC and NAC be better protected from political interference.

The Ministry of Finance took steps to follow an International Monetary Fund recommendation to create a National Revenue Authority in 2018. Oil revenue, however, which accounted for the majority of the national income, was not collected by this entity. Oil revenue was officially reported as net income only to the government, often concealing corruption, waste, and abuse within the government entities that handled those funds. In August the Minister of Finance dismissed the commissioner general of the National Revenue Authority.

Several investigations by international NGOs detailed the lavish lifestyles enjoyed by high-ranking government officials, even as the country suffered from armed conflict and economic turmoil. In September the Sentry released a report entitled, The Taking of South Sudan, which documented the wide-ranging nature of corrupt practices in South Sudan.

Financial Disclosure: Government officials of director general rank and higher and their spouses and minor children are required to submit financial declaration forms annually, although there is no penalty for failure to comply.

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

A variety of domestic and international human rights groups investigated and published information on human rights cases and the armed conflict, often while facing considerable government resistance. Government officials were rarely cooperative and responsive to their views and were often actively hostile. Reports outlining atrocities furthered tensions between the government and international organizations and NGOs. Government and opposition forces often blamed each other or pointed toward militia groups or “criminal” actors.

The United Nations or Other International Bodies: The government sometimes cooperated with representatives of the United Nations and other international organizations. A lack of security guarantees from the government and opposition on many occasions, as well as frequent government violations of the status of forces agreement, including by restricting the movement of UNMISS personnel, constrained UNMISS’s ability to carry out its mandate, which included human rights monitoring and investigations. Security forces generally regarded international organizations with suspicion.

UNMISS and its staff faced increased harassment and intimidation by the government, threats against UNMISS premises and PoC sites, unlawful arrest and detention, and abduction. The SSPDF regularly prevented UNMISS from accessing areas of suspected human rights abuses, such as the area around Kuajena in Western Bahr el Ghazal, in violation of the status of forces agreement that allows UNMISS access to the entire country. Team members of the UNSC’s panel of experts reported generally good access to conduct their work, as did the UN Commission on Human Rights in South Sudan.

Government Human Rights Bodies: The president appoints members of the South Sudan Human Rights Commission (SSHRC), whose mandate includes education, research, monitoring, and investigation of human rights abuses, either on its own initiative or upon request by victims. International organizations and civil society organizations considered the SSHRC’s operations to be generally independent of government influence. The commission cooperated with international human rights advocates and submitted reports and recommendations to the government.

While observers generally regarded the SSHRC to have committed and competent leadership, severe resource constraints prevented it from effectively fulfilling its human rights protection mandate. Salaries and office management accounted for the bulk of its funding, leaving little for monitoring or investigation. In 2015 the commission released a three-year strategy and reported on 700 previously undocumented prisoners. It has produced little since, however, including during the year.

The National Committee for the Prevention and Punishment of Genocide remained largely inactive throughout the year.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The country passed a national labor law in 2017. The new labor act was not well disseminated or enforced. Under the law every employee has the right, with restrictions, to form and join unions, bargain collectively, and strike. The law does not explicitly prohibit antiunion discrimination or provide for reinstatement of workers fired for union activities. While labor courts adjudicate labor disputes, the minister of labor may refer them to compulsory arbitration.

The 2013 Workers’ Trade Union Act provided a regulatory framework to govern worker trade unions. The largest union, the South Sudan Workers’ Trade Union Federation, had approximately 65,000 members, working mainly in the public sector. The federation’s president, Simeone Deng, was reportedly killed while on a mission in March. Unions were nominally independent of the governing political party, but there were reports of government interference in labor union activities. In 2017 President Salva Kiir dismissed several judges who had gone on strike.

Hyperinflation and devaluation of the South Sudanese pound (SSP) led to a series of strikes, as workers reported they can no longer live off their salaries. Employees of the Cooperative Bank of South Sudan went on strike in February, citing complaints over salaries, health insurance, and pension payments. South Sudanese employees at foreign companies have also gone on strike, demanding better pay or demanding to be paid in U.S. dollars rather than SSPs.

The government did not effectively enforce the law. Administrative and judicial procedures were subject to lengthy delays and appeals, and penalties were insufficient to deter violations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, with exceptions for compulsory military or community service or because of a criminal conviction. The law prohibits abduction or transfer of control over a person for the purpose of unlawful compulsory labor. Selling a minor for the purpose of prostitution is a crime. Although penalties existed, lack of enforcement rendered them ineffective at deterring violations. The government did not investigate or prosecute any trafficking or forced labor offenses. Forced labor occurred in domestic servitude, in agricultural labor on family farms and at cattle camps, and in prisons. Most of those in situations of forced labor in cattle camps and agricultural activities were victimized by their own family members. Employers subjected women, migrants, and children (see section 7.c.) to forced labor in mines, restaurants, street begging, criminal activities, and sexual exploitation.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for paid employment is 12 years for “light work” and 18 years for “hazardous work.” The law defines light work as work that does not harm the health or development of a child and does not affect the child’s school attendance or capacity to benefit from such. The law provides that the government may issue regulations prescribing limitations on working hours and occupational safety and health restrictions for children, but these regulations were not available. The law uses international standards International Labor Organization (ILO) Convention 182) to specify the “worst forms of child labor” and prohibits any person from engaging or permitting the engagement of a child younger than age of 18 in these practices.

The government did not enforce child labor laws, and penalties were insufficient to deter violations. The National Steering Committee on Child Labor, led by the Ministry of Labor, was charged with coordinating efforts across government ministries to combat child labor; it did not convene during the year. In addition to the Ministry of Labor, the committee included representatives from the Ministries of Agriculture and Forestry; Health; Gender; General Education; Culture; Youth and Sports; Animal Resources and Fisheries; and Wildlife Conservation and Tourism as well as the ILO and union representatives. In 2018 the Department of Labor added firewood gathering and slaughterhouse work to the list of prohibited activities involving child labor.

Only one of the Ministry of Labor’s five labor investigators was specifically trained to address child labor. Although charged with removing children engaged in work, the investigators did not have the necessary resources and did not conduct proper investigations. Of children between the ages of 10 and 14, 46 percent were engaged in some form of child labor, largely in cattle herding, firewood gathering, or subsistence farming with family members. Child labor was also prevalent in construction, domestic work, street work and commercial sexual exploitation (see section 6, Children). Girls rescued from brothels in Juba reported police provided security for the brothels, and SSPDF soldiers and government officials were frequent clients of child victims of sexual exploitation.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation based on race, tribe or place of origin, national extraction, color, sex (including pregnancy), marital status, family responsibilities, religion, political opinion, disability, age, HIV/AIDS-positive status, or membership or participation in a trade union. It does not prohibit discrimination based on sexual orientation or gender identity.

Discrimination occurred on all the bases listed above. Discrimination in employment and occupation led to less hiring of particular ethnic groups, such as the Murle, who were underrepresented in both the public and private sectors. Dinka and Nuer occupied most leadership positions within the national government. Persons from Equatoria were historically overrepresented in the civil service at lower ranks. Across the country, local authorities often manipulated the hiring practices of NGOs to favor fellow tribesmen and fire rivals. Persons with disabilities faced discrimination in hiring and access to work sites. Women had fewer economic opportunities due to employer discrimination and traditional practices. Women were sometimes fired from work once they became pregnant. Although this practice was prohibited by law, enforcement of labor protections was inconsistent.

e. Acceptable Conditions of Work

The 2017 labor act specifies the ministry may establish and publish a minimum wage, or wages for different categories of employees. There was no public information that this occurred. The law specifies normal working hours should not exceed eight hours per day and 40 hours per week and should provide for overtime.

The Ministry of Labor, Public Service, and Human Resource Development has an Occupational Safety Branch, which only has one staff member, who is also the office director. There are no occupational safety and health (OSH) standards. Workers cannot remove themselves from situations that endanger their health or safety without jeopardy to their employment.

A civil service provisional order applies to the public sector and outlines the rights and obligations of public-sector workers, including benefits, salaries, and overtime. The law provides the Ministry of Labor, Public Service, and Human Resources with authority to issue a schedule of salary rates, according to which all civil servants, officials, and employees are to be paid. This pay scale has not been adjusted for several years. Due to rapid depreciation of the South Sudanese pound, most civil servants did not receive enough income to support themselves, even when their salaries were delivered on time and in full, which was infrequent. Under the law only unskilled workers are eligible for overtime pay for work in excess of 40 hours per week. Civil servants, officials, and employees working at higher pay grades were expected to work necessary hours beyond the standard workweek without overtime pay. When exceptional additional hours were demanded, the department head could grant time off in lieu of reimbursement.

The government did not enforce the law. The government neither investigated nor prosecuted cases of violations of wage and OSH standards. The government reported investigating disputes regarding employer contributions to the National Social Insurance Fund and severance payments. Penalties for violations of laws on wages and working conditions were not sufficient to deter violations. Nine employees serve as both labor inspectors and adjudicators of work permits, which was not sufficient to enforce the law.

According to the 2008 census, the latest data on working conditions available, 84 percent of those employed were in nonwage work. Most small businesses operated in the informal economy and widely ignored labor laws and regulations. According to the ILO, less than 12 percent of workers were in the formal sector. The formal sector included security companies, banks, telecommunications companies, and other private companies. The majority of workers in the country were agricultural workers, of whom approximately 70 percent were agropastoralists and 30 percent farmers. Approximately 53 percent of agricultural workers engaged in unpaid subsistence family farming.

Sudan

Executive Summary

Sudan began the year as a republic with power concentrated in the hands of authoritarian President Omar Hassan al-Bashir and the National Congress Party (NCP). The NCP, which ruled for three decades with nearly absolute political authority, remained in power until early April. Protests that began in mid-December 2018 over economic concerns continued during the first few months of the year, growing in size and transforming into demands for regime change under the slogan Freedom, Peace, Justice. On February 22, President Bashir declared a state of emergency, which the National Assembly endorsed on March 11, for a period of six months. The Bashir regime then issued a series of decrees prohibiting the holding of public gatherings, processions, strikes, and similar activities without permission of the competent authority and gave security forces sweeping powers of arrest, search, and restriction of movement. Emergency courts were established to try arrested protesters. Nonetheless, the protests continued, and on April 6, following the largest demonstration to date, a “sit-in” was established in front of the headquarters of the armed forces.

On April 11, Omar al-Bashir was removed from his position as the president. A self-appointed Transitional Military Council (TMC) took over, with Lieutenant General Ahmed Awad Ibn Auf as de facto head of state. The TMC announced the suspension of the country’s constitution, dissolved the cabinet, the national legislature, state governments, and legislative councils and announced a three-month state of emergency, to be followed by a two-year transition period. Ibn Auf, however, was unacceptable to the Sudanese people and, in less than 24 hours, he was replaced by General Abdel al-Fatah Burhan. The Forces for Freedom and Change (FFC), a coalition of opposition parties, and the TMC began negotiations to form a transitional government while the sit-in continued. On June 3, security forces violently dispersed the protesters at the sit-in site, killing and injuring hundreds. After a few tense days, however, the two sides returned to the negotiations.

On July 5, the TMC and FFC verbally agreed to form a civilian-led transitional government (CLTG), and on August 17, signed a political agreement and a constitutional declaration formally establishing a new government. The CLTG is composed of a Sovereign Council, a Council of Ministers headed by the prime minister, and a Legislative Council. The 11-person Sovereign Council is composed of six civilians and five military officers. On August 20, Dr. Abdalla Hamdok was sworn in as prime minister, thus dissolving the TMC. On September 5, Prime Minister Hamdok announced 18 of the 20 members of his cabinet. As of year’s end, the Legislative Council had not been formed. Under the constitutional declaration, general elections are to be held in 2022. The country last held national elections (presidential and National Assembly) in 2015.

Under the Bashir regime, responsibility for internal security resided with the Ministry of Interior, which oversaw the police agencies: the Ministry of Defense; and the National Intelligence and Security Services (NISS). Ministry of Interior police agencies include the security police, Special Forces police, traffic police, and the combat-trained Central Reserve police. There was a police presence throughout the country. Under the CLTG, this structure changed. NISS was renamed the General Intelligence Service (GIS), and its mandate was narrowed to protecting national security, limiting its duties to gathering and analyzing information and submitting information and analysis to concerned authorities, whose functions and duties are prescribed by law. (For the purposes of this report, “NISS” will be used to refer to the intelligence service under the Bashir regime and “GIS” will be used to refer to the intelligence service under the CLTG.) The Ministry of Defense oversees all elements of the Sudanese Armed Forces (SAF), including the Rapid Support Forces, Border Guards, and Defense and Military Intelligence (DMI) units.

Bashir regime authorities at times did not maintain effective control over the security forces. While some problems persisted, control of security forces greatly improved under the CLTG.

The Bashir government repeatedly extended its 2016 unilateral cessation of hostilities (COH) agreement in Blue Nile and South Kordofan states (the “Two Areas”) and ended offensive military action in Darfur. Clashes between the Sudan Liberation Army/Abdul Wahid (SLA/AW) and government forces resumed in 2018, and there were credible reports that villages in Darfur’s Jebel Marra mountain range were targeted for attack during these clashes, resulting in thousands of newly displaced civilians. Nevertheless, the COH did allow for periods of increased stability and an overall improvement in the human rights situation in Darfur and the Two Areas. As part of its UN Security Council-mandated reconfigurations, the African Union/United Nations Hybrid Mission in Darfur (UNAMID) monitored the humanitarian and security situation in Jebel Marra, anchored by its new Golo Temporary Operating Base. In June the TMC and two main armed movements agreed to extend the COH agreement. The CLTG and various Sudanese armed groups launched multitrack negotiations on October 14 in Juba to achieve comprehensive peace within six months of the transition. The CLTG and rebel groups extended negotiations to discuss outstanding issues on December 14. In Darfur weak rule of law persisted, and banditry, criminality, and intercommunal violence were the main causes of insecurity.

Significant human rights issues under the Bashir government included: unlawful or arbitrary killings; forced disappearance; torture; and arbitrary detention, all by security forces; harsh and life-threatening prison conditions; political prisoners; arrests and intimidation of journalists, censorship, newspaper seizures, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, such as overly restrictive nongovernmental organization (NGO) laws; restrictions on religious liberty; restrictions on political participation; widespread corruption; lack of accountability in cases involving violence against women, including rape and female genital mutilation/cutting (FGM/C); trafficking in persons; outlawing of independent trade unions; and child labor. Respect for human rights, in particular fundamental freedoms of expression, assembly, and religion, greatly improved after the CLTG took power.

Bashir government authorities did not investigate human rights violations by NISS or any other branch of the security services. By year’s end, however, the CLTG had launched a human rights investigation into the June 3 security force violations. In addition, the attorney general and security forces had agreed on a temporary process to remove immunity from security forces and government institutions involved in human right violations.

In Darfur and the Two Areas, paramilitary forces and rebel groups continued to commit killings, rape, and torture of civilians throughout the year. Local militias maintained substantial influence due to widespread impunity. There were reports of both progovernment and antigovernment militias looting, raping, and killing civilians. Intercommunal violence spawned from land tenure disputes and resource scarcity continued to result in civilian deaths, particularly in East, South, and North Darfur. The Bashir government continued its national arms collection campaign, which began in October 2017, mostly in Darfur. There were some human rights abuses reported in Abyei, a region claimed by both Sudan and South Sudan, generally stemming from tribal conflict between Ngok Dinka and Misseriya. Reports were difficult to verify due to limited access.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The Interim National Constitution provided for freedom of expression, including freedom for the press “as regulated by law,” but the former Bashir regime heavily restricted this right. The 2019 constitutional declaration provides for the unrestricted right of freedom of expression and for freedom of the press as regulated by law, and the CLTG reportedly respected these rights.

Freedom of Expression: Individuals who criticized the Bashir regime publicly or privately were subject to reprisal, including arbitrary arrest. The Bashir regime attempted to impede such criticism and monitored political meetings and the press. There were no reports of this occurring under the CLTG.

According to the Sudanese Journalists Network, between late December 2018 and mid-March, the Bashir regime arrested 90 journalists. All journalists have been released.

The former regime also curtailed public religious discussion if proselytization was suspected and monitored religious sermons and teachings (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Press and Media, Including Online Media: The Interim National Constitution provided for freedom of the press, but Bashir regime authorities prevented media from reporting on issues they deemed sensitive. From January through April, the Bashir regime restricted coverage of the protests, resulting in the arrest of numerous journalists and near-daily confiscations of entire newspaper print runs. NISS declared news of the protests a “red line” topic and increased precensoring of newspapers to prevent publication of newspapers reporting on the protests. Journalists responded by staging peaceful demonstrations, and several newspapers ceased operations in protest against the escalating censorship. The former regime attempted to control reporting by staging pro-Bashir demonstrations and planting bogus news stories that blamed civil unrest on Darfuri rebels.

The former regime influenced radio and television reporting through the permit process as well as by offering or withholding regime payments for advertisements, based on how closely affiliated media outlets were with the regime.

The former regime controlled media through the National Council for Press and Publications, which administered mandatory professional examinations for journalists and oversaw the selection of editors. The council had authority to ban journalists temporarily or indefinitely. The registration of journalists was handled primarily by the Sudanese Journalists Network, which estimated there were 7,000 registered journalists in the country, although fewer than 200 of them were believed to be actively employed as journalists. The remainder were members of the former regime and security forces working on media issues who received automatic licenses.

The former regime arbitrarily arrested journalists, detaining them and holding them incommunicado, sometimes for weeks.

The CLTG reportedly respected press and media freedoms.

Violence and Harassment: The Bashir regime arrested, harassed, intimidated, and abused journalists and vocal critics of the regime. NISS required journalists to provide personal information, such as details on their ethnic group, political affiliation, and family. On March 2, NISS officers stormed the office of the Qatari and international news channel al-Jazeera in Khartoum and arrested correspondents Tahir El Mardi, Ismail Adam, Majdi Sadig, Ahmed Yassin, and Ahmad El Baseily. NISS subjected them to verbal and physical abuse before releasing them the next day. There were no reports of the CLTG using these tactics.

Censorship or Content Restrictions: The former regime practiced direct prepublication and prebroadcast censorship of all forms of media. Confiscations of print runs was the censorship method most frequently used by NISS. This was an incentive to self-censorship. There were no reports of government censorship or print confiscations under the CLTG.

Former regime authorities used the Press and Publications Court, which specialized in media issues and “newspaper irregularities” and established under the Press and Publications Act, to prosecute “information crimes.”

Following the protests that began in December 2018 and continued throughout the first few months of the year, media censorship under the Bashir regime tightened, resulting in the arrests of several journalists and near-daily confiscations of entire newspaper print runs. NISS declared news on the protests a “red line” topic and then precensored newspapers to stop the publication of news on the protests. For example, on January 2, NISS forced editors of al-Tayar newspaper to remove columnist Shamaiel Alnour’s articles from the newspaper and remove her name and photo from all locations on the newspaper’s website due to her critical reports on the Bashir regime. NISS refused to allow the newspaper to refer to the column as “banned.”

Libel/Slander Laws: The law holds editors in chief potentially criminally liable for all content published in their newspapers.

National Security: Under the Bashir regime, the law allowed for restrictions on the press in the interests of national security and public order. It contained loosely defined provisions for bans on encouraging ethnic and religious disturbances and incitement of violence. The criminal code, National Security Act, and emergency laws were regularly used to bring charges against the press. Human rights activists called the law a “punishment” for journalists.

Under the Bashir regime, NISS initiated legal action against journalists for stories critical of the former regime and security services.

Actions to Expand Freedom of Expression, including for the Media: The 2019 constitutional declaration provides for freedom of expression and the media, and the CLTG took measures to respect these rights.

At the UN General Assembly on September 25, Prime Minister Hamdok underscored, “Never again in the new Sudan will a journalist be repressed or jailed.” He also declared, “A free press is an important pillar in promoting democracy, good governance, and human rights.”

The CLTG extended entry to foreign journalists, including the return of al-Jazeera, which had been banned earlier in the year. Foreign journalists from al-Jazeera, BBC News, and Monte Carlo have returned to the country.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the Bashir regime and the TMC restricted these rights. These rights, however, were generally respected by the CLTG.

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 Interim National Constitution and law provide for freedom of movement, foreign travel, and emigration, but the Bashir government restricted these rights for foreigners, including humanitarian workers. After the lifting of certain foreign economic sanctions in 2017, the government slightly eased restrictions for humanitarian workers and invited previously banned humanitarian groups back into the country, although the new measures were implemented unevenly in the field. In December the International Rescue Committee, banned in 2009, opened an office in Khartoum.

The former regime impeded the work of UN agencies and delayed full approval of their activities throughout the country, particularly in the Two Areas; however, there were fewer such restrictions than in prior years. NGOs also alleged the Bashir government impeded humanitarian assistance in the Two Areas. The SPLM-N also restricted access for humanitarian assistance in the Two Areas due to concerns over the security of commodities crossing from government-held areas into SPLM-N-controlled areas.

In-country Movement: The Bashir regime and rebels restricted the movement of citizens in conflict areas (see section 1.g.).

Under the Bashir regime, internal movement was generally unhindered for citizens outside conflict areas. Foreigners needed travel permits for domestic travel outside Khartoum, which were bureaucratically difficult to obtain. Foreigners were required to register with the Ministry of Interior’s Alien Control Division within three days of arrival and were limited to a 15.5-mile radius from Khartoum. Once registered, foreigners were allowed to move beyond this radius, but travel outside of Khartoum State to conflict regions required official approval. The CLTG eased these requirements, especially for travel to tourist sites.

Foreign Travel: The Bashir government required citizens to obtain an exit visa to depart the country. Issuance was usually without complication, but the Bashir government continued to use the visa requirement to restrict some citizens’ travel, especially of persons it deemed a political or security interest. A number of opposition leaders were denied boarding for flights out of the country, and in some cases their passports were confiscated.

Exile: The Bashir government observed the law prohibiting forced exile, but under the Bashir regime political opponents abroad risked arrest upon return. Under the Bashir government, some opposition leaders and NGO activists remained in self-imposed exile in northern Africa and Europe. Other activists fled the country after security forces disbanded sit-ins in June, but the majority of these activists returned after the CLTG took power. After the removal of the former president, the TMC forcibly deported leaders of armed movements to South Sudan. During and following the revolution, however, several prominent opposition members returned to Sudan to participate in the formation of the new government. Some members of the armed movements remained in exile, and some expressed concern about their civic and political rights even with the 2015 general amnesty for those taking part in the national dialogue.

f. Protection of Refugees

The Office of the UN High Commissioner for Refugees (UNHCR) reported 1,056,536 refugees and asylum seekers in the country, the majority of whom were South Sudanese. The South Sudanese and Syrian refugee and asylum seeker populations did not regularly present themselves to the government’s Commission for Refugees or to UNHCR for registration. UNHCR reported there were countless South Sudanese in the country who were unregistered and at risk of statelessness.

Approximately 3,091 refugees from Chad and 13,747 from the Central African Republic lived in Darfur. New Eritrean refugees entering eastern Sudan often stayed in camps for two to three months before moving to Khartoum, other parts of the country, or on to Libya in an effort to reach Europe. In eastern Sudan, UNHCR estimated there were 7,300 new arrivals, mostly from Eritrea, as of October. There was a 50 percent rate of onward movement from the eastern refugee camps. The Bashir government eased international humanitarian NGOs’ access to eastern Sudan, as it did throughout the country, and the CLTG lifted restrictions further.

In 2018 UNHCR and the government amended the official South Sudanese refugee statistics to include South Sudanese living in Sudan before December 2013. UNHCR estimated that 859,000 South Sudanese refugees were in Sudan. The government claimed there were between two and three million South Sudanese refugees in Sudan. It remained unclear how the government was categorizing who was South Sudanese and who was Sudanese. Many South Sudanese refugees arrived in remote areas with minimal public infrastructure and where humanitarian organizations and resources were limited.

As of October UNHCR Khartoum hosted an estimated 284,000 South Sudanese refugees, including 60,000 refugees who lived in nine settlements known as “open areas.” South Sudanese refugees in the open areas made up approximately 20 percent of the overall South Sudanese refugee population and were considered among the most vulnerable refugee communities. A 2017 joint government and UN assessment of the open areas indicated gaps in protection, livelihood, shelter, health, and education services.

Sudan’s and South Sudan’s “four freedoms” agreement provides their citizens reciprocal freedom of residence, movement, economic activity, and property ownership, but it was not fully implemented. The Bashir government stated that, because South Sudanese are recognized as refugees (since 2016), their rights were governed by the Asylum Act, justifying a lack of implementation of the four freedoms. Implementation also varied by state in each country. For example, South Sudanese in East Darfur had more flexibility to move around (so long as they were far away from the nearest village) than did those in White Nile State. Recognition as refugees allowed South Sudanese to receive more services from UNHCR. At the state level, however, governments still referred to them as “brothers and sisters.”

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were vulnerable to arbitrary arrest and harassment outside of camps because they did not possess identification cards while awaiting government determination of refugee or asylum status. According to authorities, registration of refugees helped provide for their personal security.

There were some reported abuses, including gender-based violence, in refugee camps. Throughout the year, the government worked closely with UNHCR to provide greater protection to refugees.

Refugees often relied on human trafficking and smuggling networks to leave camps. Smugglers turned traffickers routinely abused refugees if ransoms were not paid. In June South Sudanese refugees living in open areas in Khartoum and in refugee camps in White Nile State were attacked by the host communities. Fear of violence prompted some of the South Sudanese refugee population in Khartoum and White Nile to return to South Sudan. South Sudanese refugee returnees faced arrest, extortion, and theft along the route through Sudan to South Sudan.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report. “www.state.gov/j/tip/rls/tiprpt” www.state.gov/j/tip/rls/tiprpt

Refoulement: The country generally respected the principle of nonrefoulement with a few notable exceptions. With UNHCR’s assistance, authorities were trained on referral procedures to prevent refoulement, including of refugees who previously registered in other countries. There were no reported cases of refoulement during the year; however, individuals who were deported as illegal migrants may have had legitimate claims to asylum or refugee status.

Access to Asylum: The law requires asylum applications to be nominally submitted within 30 days of arrival in the country. This time stipulation was not strictly enforced. The law also requires asylum seekers to register both as refugees with the Commission for Refugees and as foreigners with the Civil Registry (to obtain a “foreign” number).

Throughout the year, the government granted asylum to many asylum seekers, particularly from Eritrea, Ethiopia, Somalia, and Syria; it sometimes considered individuals registered as asylum seekers or refugees in another country, mostly in Ethiopia, to be irregular movers or migrants. Government officials routinely took up to three months to approve individual refugee and asylum status, but they worked with UNHCR to implement quicker status determination procedures in eastern Sudan and Darfur to reduce the case backlog.

Since the beginning of the Syrian conflict in 2011, more than 93,000 Syrians have registered with UNHCR. Throughout the year, government sources, however, claimed there were far more Syrians in the country than were registered with UNHCR and the Commission for Refugees. The government waived regular entry visa requirements for Yemenis throughout the year. As of October more than 1,600 Yemeni refugees had registered in the country.

Freedom of Movement: The country maintained a reservation on Article 26 of the UN Convention on Refugees of 1951 regarding refugees’ right to move freely and choose their place of residence within a country. The government’s encampment policy throughout the year requires asylum seekers and refugees to stay in designated camps; however, 76 percent of South Sudanese refugees (the great majority of refugees in the country) lived with the local community in urban and rural areas. Throughout the year the government continued to push for the relocation of South Sudanese refugees living outside Khartoum city to the White Nile state refugee camps. UNHCR notified the government relocations must be voluntary and dignified. By year’s end the CLTG had yet to relocate South Sudanese refugees to camps. The government allowed the establishment of two refugee camps in East Darfur and nine refugee camps in White Nile for South Sudanese refugees.

Refugees who left camps without permission and were intercepted by authorities faced administrative fines and return to the camp. Refugees and asylum seekers in urban areas were also subject to arrest and detention. UNHCR worked with legal partners to visit the immigration detention centers and to provide persons of concern with legal assistance, such as release from detention centers and help navigating court procedures. UNHCR assisted 1,907 persons of concern in 2018; as of June it had assisted 370 persons of concern during the year. On average, 150 to 200 refugees and asylum seekers were detained in Khartoum each month and assisted with legal aid by the joint UNHCR and Commission for Refugees legal team.

Employment: Throughout the year, the government in principle allowed refugees to work informally, but rarely granted work permits (even to refugees who obtained degrees in the country). A UNHCR agreement with the Commission for Refugees to issue more than 1,000 work permits to selected refugees for a livelihood graduation program was being implemented in Kassala and Gedaref. The commission issued 35 work permits in 2018 and 188 work permits in 2017. To get a work permit, NISS required refugees to apply for a “foreigner number,” but most refugees did not have a “foreigner number”–which is why the number of issued work permits was low. Some refugees in eastern states found informal work as agricultural workers or laborers in towns. Some women in camps reportedly resorted to illegal production of alcohol and were harassed or arrested by police. In urban centers the majority of refugees worked in the informal sector (for example, as tea sellers, house cleaners, and drivers), leaving them at heightened risk of arrest, exploitation, and abuse.

Temporary Protection: The government claimed to register asylum seekers as soon as it could and, if the first point of entry was in East Sudan, then registration normally would take place in 72 hours. Asylum seekers underwent a security check by NISS (later GIS) that could take one to two months. The Commission for Refugees proceeded with a refugee status determination assessment, which took an estimated 14 days. Asylum seekers are given full protection during this time.

Section 3. Freedom to Participate in the Political Process

The constitutional declaration revoked the Interim National Constitution of 2005 along with the states’ constitutions, but the laws issued pursuant to these documents remained in force. The constitution states every citizen has the right of political participation and the right to participate in public affairs in accordance with the law.

On April 15, the TMC announced the National Congress Party would not be part of the transitional government but could participate in elections.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nevertheless, government corruption at all levels was widespread. The Bashir government made a few efforts to enforce legislation aimed at preventing and prosecuting corruption.

Corruption: According to the World Bank’s most recent Worldwide Governance Indicators, corruption was a severe problem. The law provides the legislative framework for addressing official corruption, but implementation under the Bashir regime was weak, and many punishments were lenient. Officials found guilty of corrupt acts could often avoid jail time if they returned ill-gotten funds. Under the Bashir regime, journalists who reported on government corruption were sometimes intimidated, detained, and interrogated by security services.

A special anticorruption attorney investigated and prosecuted corruption cases involving officials, their spouses, and their children. Punishments for embezzlement include imprisonment or execution for public service workers, although these sanctions were almost never carried out. All bank employees were considered public-service workers.

Under the Bashir regime, media reporting on corruption was considered a “red line” set by NISS and a topic authorities for the most part prohibited newspapers from covering (see section 2.a.). While reporting on corruption was no longer a red line under the CLTG, media continued to practice self-censorship on issues related to corruption.

In August former president Bashir was formally indicted on charges of corruption and illegal possession of foreign currency. Bashir’s trial began in August; in December he was convicted and sentenced to two years’ imprisonment on these charges. Other more serious charges were pending at year’s end.

Financial Disclosure: Under the Bashir regime, the law required high-ranking officials to disclose publicly income and assets. There were no clear sanctions for noncompliance, although the Anticorruption Commission possessed discretionary powers to punish violators. The Financial Disclosure and Inspection Committee and the Unlawful and Suspicious Enrichment Administration at the Justice Ministry both monitored compliance. Despite three different bodies ostensibly charged with monitoring financial disclosure regulations, there was no effective enforcement or prosecution of offenders.

The 2019 constitutional declaration includes financial disclosure and prohibition of commercial activity provisions for members of the Sovereign Council and Council of Ministers, state and regional governors, and members of the Transitional Legislative Council. It also mandates an Anticorruption and Restoration of Stolen Wealth Commission.

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

The Bashir regime was uncooperative with, and unresponsive to, domestic human rights groups. It restricted and harassed workers of both domestic and international human rights organizations.

According to international NGOs, Bashir government agents consistently monitored, threatened, prosecuted, and occasionally physically assaulted civil society human rights activists. Unlike in previous years, there were no reports that the Bashir government arrested NGO-affiliated international human rights and humanitarian workers. Under the CLTG, cooperation with NGOs greatly improved.

The United Nations or Other International Bodies: The Bashir government’s denial of visas undermined UNAMID’s human rights section in particular. UNAMID adapted by utilizing other UNAMID international staff for human rights functions but still had a vacancy rate of 25 percent due to visa denials. International observers alleged the section was targeted to curtail human rights reporting on the Darfur conflict. As of September, seven visa applications for UNAMID’s human rights section were awaiting government action. In addition to general limitations on UNAMID’s access to Darfur, other limitations remained in place specific to UNAMID human rights reporting, including verification of sexual and gender-based abuse. UNAMID’s mandate anticipated a reduced presence in Darfur.

Sudan is a party to the African Charter on Human and Peoples’ Rights.

The UN independent expert was not permitted to visit the country. The independent expert submitted four written requests to the government through its permanent mission in Geneva, requesting permission to conduct a field visit. In early April the government granted permission for the independent expert to conduct a visit from April 27 to May 5. On April 23, however, following the removal on April 11 of President al-Bashir, the TMC requested the independent expert postpone his field visit to a time to be determined later. Upon follow-up, no new official invitation was extended to the independent expert.

The CLTG responded positively to overtures from the UN Office of the High Commissioner for Human Rights to re-establish an office in the country. On September 25, the CLTG signed what the United Nations called a “milestone agreement” to open a UN Office of the High Commissioner for Human Rights in Khartoum, with field offices in Darfur, the Two Areas, and East Sudan. The Khartoum office was scheduled to open in January 2020.

Government Human Rights Bodies: Human rights defenders under the Bashir regime regularly filed complaints with the National Human Rights Commission regarding perceived human rights violations. The commission typically referred complaints back to the accused institution.

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 that employees of companies with more than 100 workers can form and join independent unions. Other employees can join preexisting unions. The law establishes a single national trade union federation and excludes police, military personnel, prison employees, legal advisers in the Justice Ministry, and judges from membership. In some cases membership in international unions was not officially recognized.

The TMC dissolved all trade unions and associations in April but restored the right to form unions on May 22. On November 26, the CLTG dissolved all trade unions and associations as part of its effort to dismantle the remnants of the Bashir regime. The CLTG allowed the formation of new trade unions.

The law under the Bashir regime and the TMC denied trade unions autonomy to exercise the right to organize or to bargain collectively. It defined the objectives, terms of office, scope of activities, and organizational structures and alliances for labor unions. The law required all strikes in nonessential sectors to receive prior approval from the government after satisfying a set of legal requirements. Specialized labor courts adjudicated standard labor disputes, but the Ministry of Labor had the authority to refer a dispute to compulsory arbitration. Disputes also may have been referred to arbitration if indicated in the work contract. The law did not prohibit antiunion discrimination by employers.

Police could break up any strike conducted without prior government approval. There were several strikes reported during the year.

Bureaucratic steps mandated by law to resolve disputes between labor and management within companies were lengthy. Court sessions involved additional significant delays and costs when labor grievances were appealed.

The Bashir government did not effectively enforce applicable laws. Freedom of association and the right to collective bargaining were not respected under the Bashir regime. There were credible reports the government routinely intervened to manipulate professional, trade, and student union elections.

The Sudan Workers’ Trade Union Federation, a Bashir government-controlled federation of 18 state unions and 22 industry unions, was the only official umbrella organization for unions. No NGOs specialized in broad advocacy for labor rights. There were unrecognized “shadow unions” for most professions. During the protests these became known as the Sudanese Professional Association, and their members were leading activists during the protests and the later negotiations between the TMC and FFC leading to the establishment of the CLTG. For example, the Bashir government recognized only the Sudan Journalists Union, whose membership included all journalists, including the spokesperson of the Sudan Air Force, as well as NISS media-censorship officials. Most independent journalists, however, were members of the nonregistered Sudan Journalist Network, which organized advocacy activities on behalf of journalists.

According to the International Trade Union Confederation, in oil-producing regions, police and secret service agents, in collusion with oil companies, closely monitored workers’ activities.

b. Prohibition of Forced or Compulsory Labor

The law criminalizes all forms of forced or compulsory labor. The Bashir government, however, did not effectively enforce the law. Resources, inspections, and remediation were inadequate, and penalties for violations in the form of fines were rarely imposed and insufficient to deter violations. The Bashir government stated it investigated and prosecuted cases of forced labor, but it did not compile comprehensive statistics on the subject. Some government officials claimed forced labor had been eradicated and denied reports that citizens engaged in this practice.

Most of the violations existed in the farming and pastoral sectors. There were reports some children were engaged in forced labor, especially in the informal mining sector. Some domestic workers were reported to be working without pay. Women refugees were especially prone to labor violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The constitutional declaration provides for the state to protect the rights of children as provided in international and regional conventions ratified by the country. The law defines children as persons younger than 18 and prohibits children younger than 14 from working, except in agricultural work that is not dangerous or harmful to their health. The Ministry of Labor and Social Affairs is responsible for enforcing child labor laws.

The Child Act defines working children as persons between the ages of 14 and 18. The law also prohibits the employment of such persons between 6 p.m. and 8 a.m.

The law allows minors to work for seven hours a day broken by a paid hour of rest. It is illegal to compel minors to work more than four consecutive hours, work overtime, or work during weekly periods of rest or on official holidays. The law prohibits employers from waiving, postponing, or reducing annual leave entitlements for minors. During the year, the government did not effectively enforce such laws. Penalties for violations were not sufficient to deter violations.

Child labor took place, most commonly in the agricultural sector, and also in other elements of the informal sector, including shoe shining, car washing, collecting medical and other resalable waste, street vending, begging, construction, and other menial labor. Children working in the informal sector were vulnerable to chronic illnesses and car accidents.

The International Labor Organization monitored forced child labor in gold mining. UNICEF received unverified reports revealing the dangerous conditions under which children were working in gold mining, including requirements to carry heavy loads and to work at night and within confined spaces and exposure to mercury and high temperatures. There were reports that children as young as 10 were used in artisanal gold mining throughout the country. According to multiple reputable sources, thousands of children worked in artisanal gold mining, particularly in River Nile, Blue Nile, West Darfur, and North Darfur States, resulting in large numbers of students dropping out of school.

There were reports of the use of child soldiers by the SPLM-N, but numbers were difficult to verify (see section 1.g.).

Also see the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

Law and regulations prohibit discrimination based on race, sex, gender, disability, tribe, and language, but they were not consistently enforced. There is no legal protection from discrimination based on sexual orientation or gender identity, HIV or other communicable disease status, political opinion, social or national origin, age, or social status. The law does provide protection based on religion or ethnicity. In practice employers determined whether or not they would accommodate religious or ethnic practices. For example, employers adopted Islamic practices, including reduced working hours during the month of Ramadan and paid leave to perform the Hajj pilgrimage. Labor laws apply to migrant workers with legal contracts, but foreign workers who do not have legal status are not provided legal protections from abuse and exploitation.

The Bashir government did not effectively enforce antidiscrimination laws and regulations in the workplace; penalties in the form of fines were rarely imposed and were insufficient to deter violations. Discrimination occurred in employment and occupation based on gender, religion, and ethnic, tribal, or party affiliation. Ethnic minorities reported that government hiring practices discriminated against them in favor of “riverine” Arabs from northern Sudan. Ethiopians, Eritreans, and other refugees or migrants were often exposed to exploitative work conditions.

There were reports some female refugees and migrants working as domestic workers or tea sellers were not compensated for their work, required to pay “kettle taxes” to police, sexually exploited, or trafficked. Female tea sellers also reported harassment and confiscation of their belongings. Observers reported, however, such harassment had stopped under the CLTG, though challenges persisted.

Migrant workers and some ethnic minorities were unaware of their legal rights, suffered from discrimination, and lacked ready access to judicial remedies. The International Organization of Migration (IOM) established migrants’ reception centers in Khartoum in 2015 and Gedaref in March that included workshops on workers’ rights and the hazards of migration. The state government allocated the land and building to the IOM.

e. Acceptable Conditions of Work

The government sets a minimum wage, which is below the poverty line. Although employers generally respected the minimum wage law in the formal sector, wages in the informal sector were often significantly below the official rate. Enforcement by the Ministry of Labor and Social Affairs was minimal. Inspections and enforcement were inadequate in both the formal and informal sectors.

The law limits the workweek to 40 hours (five eight-hour days, not including a 30-minute to one-hour daily break), with days of rest on Friday and Saturday. Overtime should not exceed 12 hours per week or four hours per day. The law provides for paid annual leave after one year of continuous employment and paid holidays after three months.

The laws prescribe occupational safety and health standards. Any industrial company with 30 to 150 employees must have an industrial safety officer. A larger company is required to have an industrial safety committee that includes management and employees. Committees and officers are required to report safety incidents to the Ministry of Labor and Social Affairs. The law requires the owner of an industrial company to inform workers of occupational hazards and provide means for protection against such hazards. Management is also required to take necessary precautions to protect workers against industrial accidents and occupational diseases. The law does not recognize the right of workers to remove themselves from dangerous work situations without loss of employment. Some heavy industry and artisanal mining operations, notably gold extraction, reportedly lacked sufficient safety regulations.

Safety laws do not apply to domestic servants; casual workers; agricultural workers other than those employed in the operation, repair, and maintenance of agricultural machinery; enterprises that process or market agricultural products, such as cotton gins or dairy-product factories; jobs related to the administration of agricultural projects, including office work, accounting, storage, gardening, and livestock husbandry; or to family members of an employee who live with the employee and who are completely or partially dependent on the employee for their living.

Representatives of the Eritrean and Ethiopian communities in Khartoum stated that undocumented migrants in the capital were subjected to abusive work conditions. They also reported many undocumented workers did not report abuse due to fear authorities might deport them to Eritrea because of their illegal status.

The Ministry of Labor and Social Affairs, which maintained field offices in most major cities, is responsible for enforcing these standards. The ministry employed labor inspectors, including specialists on labor relations, labor conflicts, and vocational, health, and recruitment practices. The government did not effectively enforce wage, hour, and occupational safety and health laws, and penalties were not sufficient to deter violations.

Syria

Executive Summary

President Bashar Assad has ruled the Syrian Arab Republic since 2000. The constitution mandates the primacy of Baath Party leaders in state institutions and society, and Assad and Baath party leaders dominate all three branches of government as an authoritarian regime. An uprising against the regime that began in 2011 continued throughout the year. The 2014 presidential election and the 2016 parliamentary elections resulted in the election of Assad and 200 People’s Council (Syrian parliament) seats for the Baath Party-led National Progressive Front, respectively. Both elections took place in an environment of widespread regime coercion, and many Syrians residing in opposition-held territory did not participate in the elections. Observers did not consider the elections free or fair.

The regime’s multiple security branches traditionally operated autonomously with no defined boundaries between their areas of jurisdiction. Military Intelligence and Air Force Intelligence reported to the Ministry of Defense, the Political Security Directorate reported to the Ministry of Interior, and the General Intelligence Directorate reported directly to the Office of the President. The Interior Ministry controlled the four separate divisions of police. Regime-affiliated militia, such as the National Defense Forces (NDF), integrated with other regime-affiliated forces and performed similar roles without defined jurisdiction. Civilian authorities maintained effective control over the uniformed military, police, and state security forces but possessed limited influence over foreign and domestic military or paramilitary organizations operating in the country, including Russian armed forces, Iran-affiliated Lebanese Hizballah, Iran’s Islamic Revolutionary Guard Corps, and nonuniformed proregime militias, such as the NDF.

Regime and proregime forces launched major aerial and ground offensives in April to recapture areas of northwest Syria, killing thousands of civilians and forcing hundreds of thousands more to flee. In December these forces launched another large-scale assault. The April assault, involving the use of heavy weapons and chemical weapons, and the December assault that involved heavy weapons, devastated the civilian infrastructure in the affected areas and exacerbated an already dire humanitarian situation. Syrian and Russian airstrikes repeatedly struck civilian sites, including hospitals, markets, schools, and farms, many of which were included in UN deconfliction lists. As of December the UN High Commissioner for Refugees (UNHCR) reported there were 6.2 million internally displaced Syrians, 2.5 million of whom were children, and more than 5.6 million Syrian refugees registered with UNHCR.

Significant human rights issues included: reports of unlawful or arbitrary killings by the regime, including those involving the continued use of chemical weapons, among them chlorine and other substances; forced disappearances; torture, including torture involving sexual violence; arbitrary detention; harsh and life-threatening prison conditions, including denial of medical care; prisoners of conscience; arbitrary or unlawful interference with privacy; a lack of independence of the judiciary; undue restrictions on free expression, including violence against journalists, restrictions on the press and access to the internet, censorship, and site blocking; substantial suppression of the rights of peaceful assembly and freedom of association; undue restrictions on freedom of movement; restrictions on political participation; high-level and widespread corruption; unlawful recruitment and use of child soldiers by the regime and other armed actors; trafficking in persons; criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) status or conduct; violence and severe discrimination targeting LGBTI persons; and severe restrictions on workers’ rights.

The regime took no steps to identify, investigate, prosecute, or punish officials who committed human rights violations or abuses. Impunity was pervasive and deeply embedded in the security and intelligence forces and elsewhere in the regime.

Regime-linked paramilitary groups reportedly engaged in frequent violations and abuses, including massacres, indiscriminate killings, kidnapping civilians, extreme physical abuse, including sexual violence, and detentions. Regime-affiliated militias, including Hizballah, repeatedly targeted civilians.

Russian forces were implicated in the deaths of civilians resulting from airstrikes characterized as indiscriminate and resulting in the widespread destruction of civilian infrastructure, particularly during support of the regime’s military campaign in northwest Syria. These airstrikes destroyed hospitals, shelters, markets, homes, and other integral civilian facilities, damaging medical supplies and equipment and shutting down vital health care networks, and followed a well-documented pattern of attacks with serious and deleterious humanitarian and civilian impacts.

In areas under the control of armed opposition groups, human rights abuses, including killings and extreme physical abuse, continued to occur due to the unstable security situation and continued to foster an environment in which human rights abuses were committed, including killings, extreme physical abuse, and detention.

Armed terrorist groups, such as al-Qaida-linked Hayat Tahrir al-Sham (HTS), committed a wide range of abuses, including massacres, unlawful killings, bombings, and kidnappings; unlawful detention; extreme physical abuse; and forced evacuations from homes based on sectarian identity. Despite the territorial defeat of the Islamic State of Iraq and Syria (ISIS) in March, ISIS continued to carry out unlawful killings, bombings, and kidnappings, attack members of religious minority groups, and subject women and girls to routine rape, forced marriages, and sex trafficking.

Elements of the Syrian Democratic Forces (SDF), a coalition of Syrian Kurds, Arabs, Turkmen, and other minorities that included members of the Kurdish Peoples Protection Units (YPG), reportedly engaged in acts of corruption, unlawful restriction of the movement of persons, and arbitrary arrest of civilians, as well as attacks resulting in civilian casualties.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

While the constitution provides for freedom of expression, including for the press, the regime severely restricted this right, often terrorizing, abusing, or killing those who attempted to exercise this right.

Freedom of Expression: The law contains a number of speech offenses that limit the freedom of expression, including provisions criminalizing expression that, for example, “weakens the national sentiment” in times of war or defames the president, courts, military, or public authorities. The regime routinely characterized expression as illegal, and individuals could not criticize the regime publicly or privately without fear of reprisal. The regime also stifled criticism by invoking provisions of law prohibiting acts or speech inciting sectarianism. It monitored political meetings and relied on informer networks.

Press and Media, Including Online Media: Although the law provides for the “right to access information about public affairs” and bans “the arrest, questioning, or searching of journalists,” press and media restrictions outweighed freedoms. The law contains many restrictions on freedom of expression for the press, including provisions criminalizing, for example, the dissemination of false or exaggerated news that “weakens the spirit of the Nation” or the broadcasting abroad of false or exaggerated news that “tarnishes” the country’s reputation. The law bars publication of content that affects “national unity and national security,” harms state symbols, defames religions, or incites sectarian strife or “hate crimes.” The law further forbids publication of any information about the armed forces.

The regime continued to exercise extensive control over local print and broadcast media, and the law imposes strict punishment for reporters who do not reveal their sources in response to regime requests. Freedom House reported that only a few dozen print publications remained in circulation, reduced from several hundred prior to the conflict. A number of quasi-independent periodicals, usually owned and produced by individuals with regime connections, published during the year. Books critical of the regime were illegal.

The regime owned some radio stations and most local television companies, and the Ministry of Information closely monitored all radio and television news broadcasts and entertainment programs for adherence to regime policies. Despite restrictions on ownership and use, citizens widely used satellite dishes, although the regime jammed some Arab networks.

Violence and Harassment: Regime forces reportedly detained, arrested, and harassed journalists and other writers for works deemed critical of the state as well as journalists associated with networks favorable to the regime. Harassment included intimidation, banning individuals from the country, dismissing journalists from their positions, and ignoring requests for continued accreditation. According to reliable NGO reports, the regime routinely arrested journalists who were either associated with or writing in favor of the opposition and instigated attacks against foreign press outlets throughout the country. The SNHR reported that authorities in February arrested Ahmad Orabi, who worked as a news correspondent for al Ayyam newspaper and Ana Press, despite having previously signed a reconciliation agreement with the regime. In January a U.S. federal court found the regime had perpetrated targeted murder to intimidate journalists, inhibit newsgathering and the dissemination of information, and suppress dissent, and found it liable for the 2012 death of American journalist Marie Colvin. The court ordered the regime to pay $302 million in punitive damages, which it has not paid.

Reporters Without Borders (RSF) reported that 26 journalists, citizen journalists, and media assistants remained imprisoned, although it did not specify by whom, and the CPJ reported that at least five journalists remained missing or held hostage as of November. The reason for arrests was often unclear. RSF reported that at least 25 journalists, citizen journalists, and media assistants died in regime detention between 2011 and October. For example, in July the CPJ reported that a prison official informed the family of Alaa Nayef al-Khader al-Khalidi in July that the photojournalist died due to torture while in regime custody at Sedayna Prison.

The regime and ISIS routinely targeted and killed both local and foreign journalists, according to the COI, the CPJ, and RSF. The CPJ estimated that 129 journalists were killed since 2011, while RSF estimated more than 260 journalists, citizen journalists, and media assistants were killed during the same period. The CPJ attributed more than half of journalist deaths between 2011 and 2017 to regime and proregime forces.

During the year the CPJ, RSF, and the SNHR documented the deaths of six journalists, citizen journalists, and media assistants. Anas Al-Dyab was killed in a Russian airstrike while documenting the bombardment of Khan Sheikhoun; Amjad Hassan Bakir was killed when a missile struck the Free Idlib Army vehicle in which he was riding as an embedded journalist covering the regime’s offensive in Idlib Governorate; Mohammad Jomaa was killed by a mine in Deir Ezzour in an area that had recently been retaken by the SDF; and Omar Al-Dimashqi was killed by the explosion of an IED placed under his car by an unidentified attacker.

Censorship or Content Restrictions: The regime continued to strictly control the dissemination of information, including on developments regarding fighting between the regime and the armed opposition, and prohibited most criticism of the regime and discussion of sectarian problems, including religious and ethnic minority rights. The Ministries of Information and Culture censored domestic and foreign publications prior to circulation or importation, including through the General Corporation for the Distribution of Publications, and prevented circulation of content determined critical or sensitive. The regime prohibited publication or distribution of any material security officials deemed threatening or embarrassing to the regime. Censorship was usually more stringent for materials in Arabic.

Local journalists reported they engaged in extensive self-censorship on subjects such as criticism of the president and his family, the security services, or Alawite religious groups.

RSF reported journalists fled the advance of regime troops, fearing imprisonment as soon as the regime controlled the entire province they were in. RSF assessed that the regime’s persecution of journalists for more than eight years justified their fears, especially as many of them covered the uprising since the outset, helped to document the regime’s human rights violations, and risked severe reprisals if identified with the opposition.

Libel/Slander Laws: The law criminalizes libel, slander, insult, defamation, and blasphemy, and the regime continued to use such provisions to restrict public discussion and to detain, arrest, and imprison journalists perceived to have opposed the regime.

National Security: The regime regularly cited laws protecting national security to restrict media criticism of regime policies or public officials.

Nongovernmental Impact: According to Freedom House, media freedom varied in territory held by armed opposition groups, but local outlets were typically under heavy pressure to support the dominant militant faction. The CPJ and RSF reported that extremist opposition groups, such as the HTS, detained and tortured journalists (see section 1.g.) and posed a serious threat to press and media freedoms. The CPJ reported that four members of the HTS abducted Syrian reporter Ahmed Rahal, a reporter for the Syrian pro-civil rights news website Al-Dorar al-Sahmia, after raiding his home in September. The SNHR reported that the family of Samer Saleh al Salloum, an activist responsible for the printing and distribution of al Gherbal political magazine and Zawrak children’s magazine, was informed in August that he had reportedly been executed in detention by the HTS in April.

In July the CPJ reported that the HTS arbitrarily detained Jumaa Haj Hamdou, a reporter for the Syrian pro-civil rights opposition news website Zaman al-Wasl, at his home in western Aleppo. He was not charged and was released after six days. Fathi Ibrahim Bayoud, the editor in chief of Zaman al-Wasl, told the CPJ he believed Hamdou was detained because of his reporting.

b. Freedoms of Peaceful Assembly and Association

The regime limited freedoms of peaceful assembly and association.

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 movement “within the territories of the state unless restricted by a judicial decision or by the implementation of laws,” but the regime, ISIS, and other armed groups restricted internal movement and travel and instituted security checkpoints to monitor such travel throughout the regions under their respective control. Regime sieges in Idlib Governorate restricted freedom of movement and resulted in documented cases of death, starvation, and severe malnutrition, while forced evacuations following sieges resulted in mass displacement and additional breakdowns in service provision and humanitarian assistance (see section 1.g.).

In-country Movement: In regime-besieged cities throughout the country, regime forces blocked humanitarian access, leading to severe malnutrition, lack of access to medical care, and death. The violence, coupled with significant cultural pressure, severely restricted the movement of women in many areas. Additionally, the law allows certain male relatives to place travel bans on women.

The regime expanded security checkpoints into civilian areas to monitor and limit movement. Regime forces reportedly used snipers to prevent protests, enforce curfews, target opposition forces, and, in some cases, prevent civilians from fleeing besieged towns. The regime also barred foreign diplomats from visiting most parts of the country and rarely granted them permission to travel outside Damascus. The consistently high level and unpredictability of violence severely restricted movement throughout the country.

In areas they still controlled, armed opposition groups and terrorist groups, such as the HTS, also restricted movement, including with checkpoints (see section 1.g.). The COI reported in September it had received accounts of harassment, including of women, arbitrary arrest, unlawful search and seizure of property, and demands for bribes at checkpoints administered by the HTS and other armed actors.

While the Syrian Democratic Council and the SDF generally supported IDP communities in northeast Syria, in July HRW reported that the Autonomous Administration of North and East Syria was restricting the movement of more than 11,000 foreign women and children suspected to be affiliated with ISIS in a separate section of the al-Hol IDP Camp. The UN secretary-general also released a report on children and armed conflict stating that 1,248 children of 46 nationalities were deprived of their liberty to move freely by the SDF due to their actual or alleged association with ISIS.

Until the territorial defeat of ISIS in March, ISIS restricted the movement in areas under its control of regime supporters or assumed supporters, especially the Alawite and Shia populations, as well as Yezidi, Christian, and other captives. The Free Yezidi Foundation further reported that Yezidis were held against their will by ISIS. ISIS reportedly did not permit female passengers to traverse territory it controlled unless accompanied by a close male relative.

Foreign Travel: While citizens have the right to travel internationally, the regime denied passports and other vital documents, based on the applicant’s political views, association with opposition groups, or ties to geographic areas where the opposition dominated. The regime also imposed exit visa requirements and routinely closed the Damascus airport and border crossings, claiming the closures were due to violence or threats of violence. Additionally, the regime often banned travel by human rights or civil society activists, their families, and affiliates. Many citizens reportedly learned of the ban against their travel only when authorities prevented them from departing the country. The regime reportedly applied travel bans without explanation or explicit duration, including in cases when individuals sought to travel for health reasons. The regime comprehensively banned international travel of opposition members, often targeting any such individual who attempted to travel. Local media and human rights groups repeatedly stated that opposition activists and their families hesitated to leave the country, fearing attacks at airports and border crossings.

The regime also often refused to allow citizens to return. According to several media outlets, Richard Kouyoumjian, Lebanon’s minister of social affairs, stated in March that the regime accepted less than 20 percent of the refugees who attempted to return to the country from Lebanon.

Syrians born abroad to parents who fled the conflict and remained in refugee camps generally did not have access to Syrian citizenship documents. The regime allowed Syrians living outside of the country whose passports had expired to renew their passports at consulates. Many who fled as refugees, however, feared reporting to the regime against which they may have protested or feared the regime could direct reprisals against family members still in the country.

Women older than 18 have the legal right to travel without the permission of male relatives, but a husband may file a request with the Interior Ministry to prohibit his wife from departing the country.

f. Protection of Refugees

UNHCR maintained that conditions for refugee return to the country in safety and dignity were not yet in place and did not promote, nor facilitate, the return of refugees to the country during the year. Throughout the year, however, the regime and Russia maintained a diplomatic campaign to encourage the return of refugees to Syria. While Russia reportedly was eager to use the return of Syrian refugees as a means to secure international donations for Syria reconstruction efforts, the regime adopted a more cautious approach on promoting the return of refugees, reportedly due to its suspicion that many Syrian refugees supported the opposition.

Abuse of Migrants, Refugees, and Stateless Persons: The regime inconsistently cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to IDPs, refugees, asylum seekers, stateless persons, and other persons of concern. The regime provided some cooperation to the UN Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA). Both regime and opposition forces reportedly besieged, shelled, and otherwise made inaccessible some Palestinian refugee camps, neighborhoods, and sites, which resulted in severe malnutrition, lack of access to medical care and humanitarian assistance, and civilian deaths.

Both regime and opposition forces reportedly besieged, shelled, and otherwise made inaccessible some Palestinian refugee camps, neighborhoods, and sites, which resulted in severe malnutrition, lack of access to medical care and humanitarian assistance, and civilian deaths.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the regime has established a system for providing protection to refugees. UNHCR and UNRWA were able to maintain limited protection areas for refugees and asylum seekers, although violence hampered access to vulnerable populations. In coordination with both local and international NGOs, the United Nations continued to provide such individuals essential services and assistance.

Employment: The law does not explicitly grant refugees, except for Palestinians, the right to work. While the regime rarely granted non-Palestinian refugees a work permit, many refugees found work in the informal sector as guards, construction workers, street vendors, and in other manual jobs.

Access to Basic Services: The law allows for the issuance of identity cards to Palestinian refugees and the same access to basic services provided to citizens. The regime also allowed Iraqi refugees access to publicly available services, such as health care and education, but residency permits were available only to those refugees who entered the country legally and possessed a valid passport, which did not include all refugees. The lack of access to residency permits issued by authorities exposed refugees to risks of harassment and exploitation and severely affected their access to public services. The approximately 45,000 non-Palestinian refugees and asylum seekers in the country faced growing protection risks, multiple displacements, tightened security procedures at checkpoints, and difficulty obtaining required residency permits, all of which resulted in restrictions on their freedom of movement. The COI reported a rise in sexual- and gender-based violence and child-protection concerns among refugees, including child labor, school dropouts, and early marriages.

Section 3. Freedom to Participate in the Political Process

Although 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, citizens were not able to exercise that ability. Outcomes reflected underlying circumstances of elections that impeded and coerced the will of the electorate.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the regime did not implement the law effectively. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of regime corruption during the year. Corruption continued to be a pervasive problem in police forces, security services, migration management agencies, and throughout the regime.

Corruption: Due to the lack of free press and opposition access to instruments of government and media, there was almost no detailed information about corruption, except petty corruption. Freedom House reported that to secure its support base, the regime regularly distributed patronage in the form of public resources and implemented policies to benefit favored industries and companies. Authorities reportedly awarded government contracts and trade deals to allies such as Iran and Russia, possibly as compensation for political and military aid. Basic state services and humanitarian aid reportedly were extended or withheld based on a community’s demonstrated political loyalty to the regime, providing additional leverage for bribe-seeking officials.

For example, President Bashar Assad’s cousin, Rami Makhlouf, reportedly was known as “Mr. 5 Percent” or “Mr. 10 Percent,” depending on the size of the deal. As late as 2011, Makhlouf reportedly controlled 60 percent of the country’s economy. The Panama Papers, Swissleaks, and most recently the Paradise Papers chronicled his money-laundering and sanctions-busting activities (see section 1.e., Property Restitution).

Human rights lawyers and family members of detainees stated that regime officials in courts and prisons solicited bribes for favorable decisions and provision of basic services. In a December report, PHR provided the account of Dr. Youssef, a Syrian surgeon arrested on charges of providing “support to terrorists” for offering medical services to protesters who were shot by regime intelligence forces. Youssef was subjected to extensive torture in regime detention and only released after his family bribed regime authorities.

NGOs reported instances of elements affiliated with the SDF engaging in acts of corruption in northeast Syria. The SNHR reported increasing levels of corruption by civil councils in Deir Ezzour, comprised predominantly of SDF officials in northeast Syria, resulting in the unequal distribution of humanitarian assistance to family members of SDF officials and those willing to pay bribes.

Financial Disclosure: There are no public financial disclosure laws for public officials.

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

The regime restricted attempts to investigate alleged human rights violations, criminalized their publication, and refused to cooperate with any independent attempts to investigate alleged violations. The regime did not grant permission for the formation of any domestic human rights organizations. Nevertheless, hundreds of such groups operated illegally in the country.

The regime was highly suspicious of international human rights NGOs and did not allow them into the country. The regime normally responded to queries from human rights organizations and foreign embassies regarding specific cases by denying the facts of the case or by reporting that the case was still under investigation, the prisoner in question had violated national security laws, or, if the case was in criminal court, the executive branch could not interfere with the judiciary. Amnesty International (AI), for example, attempted with little success to engage regime authorities on human rights concerns, including torture and other mistreatment, enforced disappearances, and deaths in custody, through various means since 2011. The regime denied organizations access to locations where regime agents launched assaults on antigovernment protesters or allegedly held prisoners detained on political grounds. The United Nations reported that the regime also actively restricted the activities of humanitarian aid organizations, especially along supply routes and access points near opposition-controlled areas (see section 1.g.).

There were numerous reports the regime harassed domestic human rights activists by subjecting them to regular surveillance and travel bans, property seizure, detention, torture, forcible disappearance, and extrajudicial killings (see section 1.e., Political Prisoners and Detainees). In May, HRW reported on “Samir,” a human rights activist working with the Norwegian Refugee Council and the Swiss Department for Foreign Affairs in Daraa. He left Daraa in January after he found out he was wanted by the Criminal Intelligence branch for working with aid groups and receiving funding from foreign entities for his work in contravention of the Counterterrorism Law of 2012. A contact inside the Military Intelligence branch warned him that authorities intended to arrest him, prompting his immediate departure. A few days later, his family received an official summons from the regime.

Terrorist groups, including ISIS, violently attacked organizations and individuals seeking to investigate human rights abuses or advocating for improved practices. The SDF and other opposition groups occasionally imposed restrictions on human rights organizations or harassed individual activists, in some cases reportedly subjecting them to arbitrary arrest.

The United Nations or Other International Bodies: The regime continued to deny access for the COI, mandated by the UN Human Rights Council to document and report on human rights violations and abuses in the country. It did not cooperate fully with numerous UN bodies, resulting in restrictions on access for humanitarian organizations, especially to opposition-controlled areas.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

The regime did not enforce applicable laws effectively or make any serious attempt to do so during the year. Penalties were not sufficient to deter violations.

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

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

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, and such practices existed. The penal code does not define forced labor. The code states, “those sentenced to forced labor will be strictly required to do work with difficulty on par with their sex, age, and may be inside or outside of the prison.” The penal code allows for forced labor as a mandatory or optional sentence for numerous crimes, such as treason. Authorities may sentence convicted prisoners to hard labor, although according to the International Labor Organization, authorities seldom enforced such a sentence. There was little information available on regime efforts to enforce relevant laws during the year or on the effectiveness of penalties to deter violations.

Terrorist groups, including ISIS and the HTS, reportedly forced, coerced, or fraudulently recruited some foreigners, including migrants from Central Asia, children, and Western women to join them. Thousands of Yezidi women and girl captives of ISIS remained missing and were presumed to have served as sex slaves and in domestic servitude (see section 1.g.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law provides for the protection of children from exploitation in the workplace and prohibits the worst forms of child labor. There was little publicly available information on enforcement of the child labor law. The regime generally did not make significant efforts to enforce laws that prevent or eliminate child labor. Independent information and audits regarding regime enforcement were not available. The minimum age for most types of nonagricultural labor is 15 or the completion of elementary schooling, whichever occurs first, and the minimum age for employment in industries with heavy work is 17. Parental permission is required for children younger than 16 to work. Children younger than 18 may work no more than six hours a day and may not work overtime or during night shifts, weekends, or on official holidays. The law specifies that authorities should apply “appropriate penalties” to violators. Restrictions on child labor do not apply to those who work in family businesses and do not receive a salary.

Child labor occurred in the country in both informal sectors, such as begging, domestic work, and agriculture, as well as in positions related to the conflict, such as lookouts, spies, and informants. Conflict-related work subjected children to significant dangers of retaliation and violence.

Various forces, particularly terrorist groups and regime-aligned groups, continued to recruit and use child soldiers (see section 1.g.).

Organized begging rings continued to subject children displaced within the country to forced labor.

d. Discrimination with Respect to Employment and Occupation

Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Labor and nationality laws discriminate against women. While the constitution provides the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. The Commission for Family Affairs, Ministry of Justice, and Ministry of Social Affairs and Labor shared responsibility for attempting to accord equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered. Women participated in most professions, including the armed forces, although UNFPA reported that violence and lawlessness in many regions reduced women’s access to the public sphere. Various sources observed that women constituted a minority of lawyers, university professors, and other professions.

The constitution does not address discrimination based on sexual orientation, age, or HIV-positive status. Since the law criminalizes homosexuality, many persons faced discrimination due to their sexual orientation.

The law prohibits discrimination against persons with disabilities, including their access to education, employment, health services, and other state services, but the regime did not enforce these provisions effectively. Discrimination occurred in hiring and access to worksites. The law seeks to integrate persons with disabilities into the workforce, reserving 4 percent of government jobs and 2 percent of private-sector jobs for them. Private-sector businesses are eligible for tax exemptions after hiring persons with disabilities.

Discrimination in employment and occupation occurred with respect to certain minority groups (see section 6, National/Racial/Ethnic Minorities).

e. Acceptable Conditions of Work

The law divides the public-sector monthly minimum wage into five levels based on job type or level of education, almost all of which fell below the World Bank’s poverty indicator. Benefits included compensation for meals, uniforms, and transportation. Most public-sector employees relied on bribery to supplement their income. Private-sector companies usually paid much higher wages, with lower-end wage rates semiofficially set by the regime and employer organizations. Many workers in the public and private sectors took additional manual jobs or relied on their extended families to support them.

The public-sector workweek was 35 hours, and the standard private-sector workweek was 40 hours, excluding meals and rest breaks. Hours of work could increase or decrease based on the industry and associated health hazards. The law provides for at least one meal or rest break totaling no less than one hour per day. Employers must schedule hours of work and rest such that workers do not work more than five consecutive hours or 10 hours per day in total. Employers must provide premium pay for overtime work.

The regime set occupational safety and health standards. The law includes provisions mandating that employers take appropriate precautions to protect workers from hazards inherent to the nature of work. The law does not protect workers who chose to remove themselves from situations that endanger their health or safety from losing their employment.

The Ministry of Social Affairs and Labor is responsible for enforcing the minimum wage and other regulations pertaining to acceptable conditions of work. The Ministries of Health and of Social Affairs and Labor designated officials to inspect worksites for compliance with health and safety standards. Workers could lodge complaints about health and safety conditions with special committees established to adjudicate such cases. Wage and hour regulations as well as occupational health and safety rules do not apply to migrant workers, rendering them more vulnerable to abuse.

There was little information on regime enforcement of labor law or working conditions during the year. There were no health and safety inspections reported, and even previous routine inspections of tourist facilities, such as hotels and major restaurants, no longer occurred. The enforcement of labor law was lax in both rural and urban areas, since many inspector positions were vacant due to the conflict and their number was insufficient to cover more than 10,000 workplaces. Penalties were not sufficient to deter violations.

Before the conflict began, 13 percent of women participated in the formal labor force, compared with 73 percent of men. During the year the unemployment rate for both men and women remained above 50 percent, with millions unable to participate in the workforce due to continued violence and insecurity. During the year UNFPA reported that local female employment participation increased in areas such as Damascus, Raqqa, and Daraa, as men were detained or killed.

Foreign workers, especially domestic workers, remained vulnerable to exploitative conditions. For example, the law does not legally entitle foreign female domestic workers to the same wages as Syrian domestic workers. The Ministry of Social Affairs and Labor oversees employment agencies responsible for providing safe working conditions for migrant domestic workers, but the scope of oversight was unknown. The continued unrest resulted in the large-scale voluntary departure of foreign workers as demand for services significantly declined, but violence and lawlessness impeded some foreign workers from leaving the country.

Turkey

Executive Summary

Turkey is a constitutional republic with an executive presidential system and a 600-seat parliament. The unicameral parliament (the Grand National Assembly) exercises legislative authority. In presidential and parliamentary elections in 2018, Organization for Security and Cooperation in Europe (OSCE) observers expressed concern regarding restrictions on media reporting and the campaign environment that restricted the ability of opposition candidates, including the jailing of a presidential candidate at the time, to compete on an equal basis and campaign freely. In March municipal elections, Council of Europe observers expressed similar concerns about limitations on freedom of expression, particularly for the media, and about a legal framework that contributed to an unequal campaign environment. The observers also criticized the Supreme Electoral Council’s decision to rerun the Istanbul mayoral race in June and several decisions replacing winning opposition Peoples’ Democratic Party (HDP) candidates with second-place governing-party candidates.

The National Police and Jandarma, under the control of the Ministry of Interior, are responsible for security in urban areas and rural and border areas respectively. The military has overall responsibility for border control and external security. Civilian authorities maintained effective control over law enforcement, but mechanisms to investigate and punish abuse and corruption remained inadequate, and impunity remained a problem.

Under broad antiterror legislation the government restricted fundamental freedoms and compromised the rule of law. Since the 2016 coup attempt, authorities have dismissed or suspended more than 45,000 police and military personnel and more than 130,000 civil servants, dismissed one-third of the judiciary, arrested or imprisoned more than 80,000 citizens, and closed more than 1,500 nongovernmental organizations (NGOs) on terrorism-related grounds, primarily for alleged ties to the movement of cleric Fethullah Gulen, whom the government accuses of masterminding the coup attempt, and designated by the government as the leader of the “Fethullah Terrorist Organization” (“FETO”).

Significant human rights issues included: reports of arbitrary killings; suspicious deaths of persons in custody; forced disappearances; torture; arbitrary arrest and detention of tens of thousands of persons, including former opposition members of parliament, lawyers, journalists, foreign citizens, and employees of the U.S. Mission, for purported ties to “terrorist” groups or peaceful legitimate speech; the existence of political prisoners, including elected officials and academics; significant problems with judicial independence; severe restrictions on freedom of expression, the press, and the internet, including violence and threats of violence against journalists, closure of media outlets, and unjustified arrests or criminal prosecution of journalists and others for criticizing government policies or officials, censorship, site blocking and the existence of criminal libel laws; severe restriction of freedoms of assembly, association, and movement; some cases of refoulement of refugees; and violence against women and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and members of other minorities.

The government took limited steps to investigate, prosecute, and punish members of the security forces and other officials accused of human rights abuses; impunity remained a problem.

Clashes between security forces and the Kurdistan Workers’ Party (PKK) terrorist organization and its affiliates continued, although at a reduced level compared with previous years, and resulted in the injury or death of security forces, PKK terrorists, and civilians. The government did not release information on efforts to investigate or prosecute personnel for wrongful or inadvertent deaths of civilians linked to counter-PKK operations.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression within certain limits, and the government restricted freedom of expression, including for the press, throughout the year. Multiple articles in the penal code directly restrict press freedom and free speech, for example, through provisions that prohibit praising a crime or criminals or inciting the population to enmity, hatred, or denigration, as well as provisions that protect public order and criminalize insulting the state, the president, or government officials. Many involved in journalism reported that the government’s prosecution of journalists representing major opposition and independent newspapers and its jailing of journalists during the preceding three years hindered freedom of speech and that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.

The law provides for punishment of up to three years in prison for a conviction of “hate speech” or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law for not including restrictions based on gender identity and noted that the law was sometimes used more to restrict freedom of speech than to protect minorities.

The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. According to a poll by Reuters conducted in 2018 as part of its Digital News Report: Turkey Supplementary Report, 65 percent of respondents in Turkey stated, “…concern that openly expressing their views online could get them into trouble with the authorities.”

Expression critical of the government was frequently met with criminal charges alleging affiliation with terrorist groups or terrorism. In October, during Operation Peace Spring, the government launched investigations against more than 800 individuals largely for social media posts deemed critical of government actions in northeast Syria. The Ministry of Interior reported in the same month it had detained 186 and arrested 24 individuals based on charges related to support for terror because of their social media posts.

During the year the government opened investigations into thousands of individuals, including politicians, journalists, and minors, based on allegations of insulting the president; the founder of the Turkish Republic, Mustafa Kemal Ataturk; or state institutions. Based on HRA and HRFT statistics, during the first 11 months of the year, the government investigated more than 36,000 individuals and filed criminal cases against more than 6,000 people related to accusations they insulted the president or the state. In May a court sentenced construction worker Deniz Avci to two years’ imprisonment for insulting the president after he shared two cartoons depicting President Erdogan on social media. Avci’s lawyer noted the government had not opened any lawsuits against the cartoons’ creator or publisher.

Estimates of the number of imprisoned journalists varied. The Media and Law Studies Association in Istanbul attributed the disparity to the varying definitions of “journalist” or “media worker.” While the government officially recognizes as journalists only persons who have been issued a yellow press accreditation card–typically limited to reporters, cameramen, and editors–media watchdog groups included distributors, copy editors, layout designers, or other staff of media outlets in their definition. The government often categorized imprisoned journalists from Kurdish-language outlets or alleged pro-Gulen publications as “terrorists,” alleging ties to the PKK and the Gulen movement. Information about and access to the imprisoned staff of some of these outlets was therefore limited, further contributing to disparities in tallies of jailed journalists.

Estimates of the number of incarcerated journalists ranged from at least 47 according to the Committee to Protect Journalists (CPJ) to 136 according to the International Press Institute (IPI). The majority faced charges related to antistate reporting or alleged ties to the PKK or Gulen movement.

An unknown number of journalists were outside the country and did not return due to fear of arrest, according to the Journalists Association. Hundreds more remained out of work after the government closed more than 200 media companies allegedly affiliated with the PKK or Gulen movement, mostly in 2016-17, as part of its response to the 2016 coup attempt.

Freedom of Expression: Individuals in many cases could not criticize the state or government publicly without risk of civil or criminal suits or investigation, and the government restricted expression by individuals sympathetic to some religious, political, or cultural viewpoints. At times those who wrote or spoke on sensitive topics or in ways critical of the government risked investigation, fines, criminal charges, job loss, and imprisonment.

On September 6, an Istanbul court sentenced Republican People’s Party (CHP) Istanbul chairperson Canan Kaftancioglu to nearly 10 years’ imprisonment for “insulting the republic” and “insulting the president” for tweets she shared between 2012 and 2017. She remained free pending a legal appeal at years’ end.

A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms by members of parliament on the floor of parliament, providing for the possible issuance of fines to violators.

On December 2, the Diyarbakir public prosecutor requested charges be filed against former Diyarbakir Bar Association chairman Ahmet Ozmen and the former members of the bar’s executive board for violating Article 301 of the penal code, the article that criminalizes, among other things, openly provoking hatred and hostility and insulting parliament. The charges stemmed from a statement the Diyarbakir Bar Association released on April 24, 2017, saying, “We share the unrelieved pain of Armenian people.”

Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in enhanced caution in their public reporting.

Press and Media, Including Online Media: Mainstream print media and television stations were largely controlled by progovernment holding companies heavily influenced by the ruling party. Reporters Without Borders estimated the government was able to exert power in the administration of 90 percent of the most-watched television stations and most-read national daily newspapers. Only a small fraction of the holding companies’ profits came from media revenue, and their other commercial interests impeded media independence, encouraged a climate of self-censorship, and limited the scope of public debate.

Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.

Government prosecution of independent journalists limited media freedom throughout the year. In April 2018, 14 persons affiliated with the leading independent newspaper, Cumhuriyet, were convicted of aiding terrorist organizations, citing their reporting as part of the evidence against the accused, and sentenced to prison terms of between three and seven years. The court placed the journalists on probation and banned them from traveling abroad until the appeals process concluded. In April six defendants returned to prison after an appeals court upheld their convictions. Following a Supreme Court of Appeals ruling in September that dismissed most of the cases, only one former staff member remained jailed, but travel bans on the others remained in place. The original court set aside the Supreme Court of Appeals ruling and held a retrial for 13 of the original defendants in November, acquitting one and ruling against the Supreme Court of Appeals’ decision for the other 12. The case continued at year’s end as the defendants appealed the decision.

Additional journalists whose detentions were considered politically motivated included four journalists and editors who had worked for the now-closed, Gulen-linked Zaman newspaper. Authorities arrested the four in 2016, and they remained in detention on terrorism and coup-related charges. International human rights organizations condemned the sentences of six other journalists sentenced to aggravated life prison sentences on February 16 for alleged links to the 2016 coup attempt. On July 6, courts convicted an additional six journalists associated with the closed Zaman newspaper of terrorism-related charges and sentenced them to between eight and more than 10 years’ imprisonment.

In several cases the government barred journalists from travelling outside the country. For example, after serving three months in prison for “membership in a terror organization” and being acquitted in December 2018 due to lack of evidence, Austrian journalist and student Max Zringast remained under judicial control and was barred from leaving the country.

Violence and Harassment: Government and political leaders and their supporters used a variety of means to intimidate and pressure journalists, including lawsuits, threats, and, in some cases, physical attack.

In a spate of violence during the spring, six journalists from various outlets across the country were attacked in the space of five weeks. In May six individuals attacked Yenicag newspaper columnist Yavuz Demirag, ostensibly because they disagreed with his reporting. All three were released after questioning by authorities. In another attack in May, three individuals who attacked journalist Selahattin Onkibar were released under judicial control. The Turkish Journalists Union criticized the lack of investigations and blamed the increase in attacks against journalists on a sense of impunity on the part of those responsible for attacks.

The government routinely filed terrorism-related charges against an individual or publication in response to reporting on sensitive topics, particularly PKK terrorism and the Gulen movement (also see National Security). Human rights groups and journalists asserted the government did this to target and intimidate journalists and the public. In November reporters Ruken Demir (Mesopotamia Agency) and Melike Aydın (Jinnews) were placed in pretrial detention pending a hearing on charges of supporting a terrorist organization that reportedly stemmed from the content of their reporting.

Journalists reported that media outlets fired some individuals for being too controversial or adversarial with the government out of fear of jeopardizing other business interests.

Journalists affiliated or formerly affiliated with pro-Kurdish outlets faced significant government pressure, including incarceration. The government routinely denied press accreditation to Turkish citizens working for international outlets for any association (including volunteer work) with Kurdish-language outlets.

Censorship or Content Restrictions: Government and political leaders maintained direct and indirect censorship of news media, online media, and books. The Ministry of Interior disclosed that, between January 1 and April 9, it examined 10,250 social media accounts and took legal action against more than 3,600 users whom it accused of propagandizing or promoting terror organizations, inciting persons to enmity and hostility, or insulting state institutions. Media professionals widely reported practicing self-censorship due to intimidation and risks of criminal and civil charges.

While the law does not prohibit particular books or publications, publishing houses were required to submit books and periodicals to prosecutors for screening at the time of publication. The Turkish Publishers Association (TPA) reported that the country’s largest bookstore chain, D&R, removed some books from its shelves and did not carry books by some opposition political figures.

The TPA reported that publishers often exercised self-censorship, avoiding works with controversial content (including government criticism, erotic content, or pro-Kurdish content) that might draw legal action. The TPA reported that publishers faced publication bans and heavy fines if they failed to comply in cases in which a court ordered the correction of offensive content. Publishers were also subject to book promotion restrictions. In some cases prosecutors considered the possession of some Kurdish-language, pro-Kurdish, or Gulen movement books to be credible evidence of membership in a terror organization. In other cases authorities directly banned books because of objectionable content. For example, in September a court in Kars banned two books related to Kurds or “Kurdistan” for promoting “a terrorist organization.”

In July an Ankara court ordered domestic internet service providers to block in-country access to 135 web addresses representing a wide variety of platforms, including the independent news site Ozgur Gelecek (see Internet Freedom).

The government’s efforts to control media continued. A July report by Foundation for Political, Economic, and Social Research (a think tank with close ties to the ruling AKP) identified some foreign media outlets reporting from the country (e.g., BBC, Deutsche Welle, and Voice of America) as “antigovernment” and “proterrorism” for stories the organization deemed too critical of the Turkish government or promoting terrorist-related perspectives. In response the Turkish Journalists Union filed a complaint about the report, stating that it made the outlets and their correspondents “public targets.” Other critics and free speech advocates, including the European Center for Press and Media Freedom, asserted the publication laid the groundwork for greater suppression of foreign reporting and correspondents.

Some journalists reported their employers fired them or asked them to censor their reporting if it appeared critical of the government. These pressures contributed to an atmosphere of self-censorship in which media reporting became increasingly standardized along progovernment lines. Failure to comply typically resulted in a dismissal, with media groups occasionally citing “financial reasons” as a blanket cause for termination.

Some writers and publishers were subject to prosecution on grounds of defamation, denigration, obscenity, separatism, terrorism, subversion, fundamentalism, or insulting religious values. Authorities investigated or continued court cases against a myriad of publications and publishers on these grounds during the year. Media and Law Studies Association codirector and lawyer Veysel Ok and reporter Cihan Acar were sentenced to five months’ imprisonment on the charge of “degrading the judicial bodies of the state.” The lawsuit was based on an interview Ok gave to the newspaper Ozgur Dusunce in which he questioned the independence of the judiciary.

Radio and television broadcast outlets did not provide equal access to the country’s major political parties. Critics charged that the media generally favored the ruling AKP political party, including during the March municipal elections (see section 3).

The Radio and Television Supreme Council (RTUK) continued the practice of fining broadcasters whose content it considered “contrary to the national and moral values of society.” For example, RTUK sanctioned television channel TELE1 for broadcasting a speech made by HDP cochair Sezai Temelli in parliament. As of August RTUK’s authority extended to online broadcasters as well. Service providers that broadcast online are required to obtain a license or may face having their content removed. RTUK is empowered to reject license requests on the grounds of national security and to subject content to prior censorship. Civil society organizations reported concerns about the high cost of the license and requirement to obtain vetting certification from local police.

Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism (see section 2.a., Freedom of Expression, Including for the Press). According to press reports, convictions for insulting the president increased 13-fold between 2016 and the end of the year. The law provides that persons who insult the president of the republic may face a prison term of up to four years. The sentence may be increased by one-sixth if committed publicly and by one-third if committed by media outlets.

Authorities charged citizens, including minors, with insulting the country’s leaders and denigrating “Turkishness.” For example, in July a court of appeals sentenced famous local singer and actress Zuhal Olcay to 11 months and 20 days in prison for allegedly insulting the president in a song at a concert.

The government also targeted lawmakers, mostly from the pro-Kurdish HDP, with a significant number of insult-related cases. As of December at least 4,912 HDP lawmakers, executives, and party members had been arrested since July 2016 for a variety of charges related to terrorism and political speech.

While leaders and deputies from opposition political parties regularly faced multiple insult charges, free speech advocates pointed out that the government did not apply the law equally and that AKP members and government officials were rarely prosecuted.

According to the Ministry of Justice, in 2018 the government launched 36,660 investigations against at least 6,320 individuals related to insulting the president, including 104 children between the ages of 12 and 15. Comprehensive government figures for 2019 were unavailable at year’s end.

National Security: Authorities regularly used the counterterrorism law and the penal code to limit free expression on grounds of national security. Organizations, including the Committee to Protect Journalists and Freedom House, reported that authorities used the counterterrorism law and criminal code to prosecute journalists, writers, editors, publishers, filmmakers, translators, rights activists, lawyers, elected officials, and students accused of supporting a terrorist organization–generally either the PKK or the Gulen movement.

In one example in July, two filmmakers were sentenced to four years, six months in prison for their 2015 documentary movie, Bakur, about the PKK. According to the court, the documentary was “propaganda for a terrorist organization.” Many observers, however, viewed the prosecution as an example of the government using antiterror laws to limit freedom of expression.

Prominent columnist Ahmet Altan remained in prison at year’s end. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” and received an aggravated life sentence in February 2018. The Supreme Court of Appeals overturned his life imprisonment sentence in July and recommended he face the lesser charge of “aiding a terrorist organization.” In November the court convicted Altan on the lesser charge but ordered his release for time served. He was released on November 4 but rearrested on November 12 following the prosecutor’s objection to his release. Economist Mehmet Altan was previously convicted, along with his brother Ahmet, on terror-related charges for allegedly sending coded messages to the 2016 coup plotters during a panel discussion on a television program. The Supreme Court of Appeals overturned the verdict against Mehmet Altan due to a lack of sufficient and credible evidence, and he was acquitted in the retrial.

Authorities also targeted foreign journalists. For example, in June a criminal court in Istanbul accepted an indictment charging two Bloomberg News reporters for their coverage of the country’s economy, alleging that their reports had undermined the country’s economic stability. If convicted, they could face as many as five years in prison.

Nongovernmental Impact: The PKK used intimidation to limit freedom of speech and other constitutional rights in the southeast. Some journalists, political party representatives, and residents of the southeast reported pressure, intimidation, and threats if they spoke out against the PKK or praised government security forces.

b. Freedoms of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited these rights. The government continued to restrict foreign travel for some citizens accused of links to the Gulen movement or the failed 2016 coup attempt. In March authorities lifted passport restrictions for 57,000 individuals, although it remained unclear how many more remained unable to travel. Curfews imposed by local authorities in response to counter-PKK operations and the country’s military operation in northern Syria also restricted freedom of movement. The government declared Hakkari Province a “special security zone” and limited movement into and out of several districts in the province for weeks at a time, citing the need to protect citizens from PKK attacks.

In-country Movement: The constitution provides that only a judge may limit citizens’ freedom to travel and only in connection with a criminal investigation or prosecution. Antiterror laws allowed severe restrictions to be imposed on freedom of movement, such as granting governors the power to limit movement on individuals, including entering or leaving provinces, for up to 15 days.

Freedom of movement remained a problem in parts of the east and southeast, where countering PKK activity led authorities to block roads and set up checkpoints, temporarily restricting movement at times. The government instituted special security zones, restricting the access of civilians, and established curfews in parts of several provinces in response to PKK terrorist attacks or activity (see section 1.g., Abuses in Internal Conflict).

Conditional refugees and Syrians under temporary protection also experienced restrictions on their freedom of movement (see section 2.f., Protection of Refugees).

Foreign Travel: The government placed restrictions on foreign travel for tens of thousands of citizens accused of links to the Gulen movement or the failed coup attempt, as well as to their extended family members. Authorities also restricted some foreign citizens with dual Turkish citizenship from leaving the country due to alleged terrorism concerns. The government maintained that the travel restrictions were necessary to preserve security.

For those barred from travel, some chose to leave the country illegally. In October a boat carrying 19 citizens seeking to flee the country capsized in the Aegean Sea, killing seven, including five children.

Syrians under temporary protection risked the loss of temporary protection status and a possible bar on re-entry into the country if they chose to travel to a third country or return temporarily to Syria. The government issued individual exit permissions for Syrians under temporary protection departing the country for family reunification, health treatment, or permanent resettlement, and required an individual exception for all other reasons. The government sometimes denied exit permission to Syrians under temporary protection for reasons that were unclear.

f. Protection of Refugees

The government took steps during the year to increase services provided to the approximately four million refugees, asylum seekers, and migrants in the country, nearly 3.7 million of whom were displaced Syrians. A 2016 agreement between the government and the EU continued to limit irregular migration from Turkey to Europe via the Aegean Sea. The Directorate General for Migration Management reported 414,313 “irregular migrants” were apprehended as of November. UNHCR reported 185,000 of these apprehensions were Afghan nationals. Some 89,000 were deported to their countries of origin. Most of these individuals were from Pakistan or Afghanistan, according to UNHCR. Reports of larger-scale detentions of individuals, including Afghans, Syrians and Iraqis, were also received. In the first six months of the year, an estimated 144 migrants died due to drowning, traffic accidents, or exposure to the elements.

Abuse of Migrants, Refugees, and Stateless Persons: Multiple sources reported that authorities denied entry to undocumented Iraqis, Syrians, and Afghans during the year. There were reports that Turkish border guards intercepted or summarily deported Syrians and Afghans seeking asylum. In the days immediately following the Ministry of Interior’s announcement of stricter enforcement of refugee registration requirements in Istanbul, UNHCR confirmed that a small number of Syrian refugees had been involuntarily returned to Syria. Turkish border guards also reportedly killed or injured Syrian asylum seekers at the border (see section 1.a.). During the offensive by Syrian government forces in Idlib in June and July, there were reports of displaced Syrians in Turkey being forced to return back across the border into Syria (also see Refoulement).

The country’s borders with Syria and Iraq remained closed to all but urgent humanitarian, medical, and family reunification cases since late 2015. Of the 20 border crossing points between Syria and Turkey, only three were open for limited civilian access. The rest were for military or military and humanitarian assistance only. Since November 2017 some provinces along the border with Syria limited registration of asylum seekers to certain exceptional cases only, limiting refugees’ ability to gain access to social services, including education and medical care in these areas, unless they relocate to a city where they can register. Large cities such as Istanbul also limited registration.

Incidents of societal violence directed against refugees and persons in refugee-like conditions increased during the year. In June in the Kucukcekmece district of Istanbul, tensions between local residents and Syrian refugees erupted into violence that continued for two nights and resulted in the destruction of several Syrian businesses. Workplace exploitation, child labor, and forced early marriage also remained significant problems among refugees. Human rights groups alleged conditions in detention and removal centers sometimes limited migrants’ rights to communication with and access to family members, interpreters, and lawyers (also see Refoulement).

In certain districts of Istanbul, NGO staff members reported receiving verbal threats and harassment from residents of host communities, urging them not to help Syrians.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to conditional refugees, returning refugees, stateless persons, and temporary and international protection status holders.

UNHCR reported there were LGBTI asylum seekers and conditional refugees in the country, most coming from Iran. According to human rights groups, these refugees faced discrimination and hostility from both authorities and the local population due to their status as members of the LGBTI community. Commercial sexual exploitation also remained a significant problem in the LGBTI refugee community, particularly for transgender individuals.

Refoulement: Authorities generally offered protection against refoulement to all non-European asylum seekers who met the definition of a refugee in the 1951 UN Refugee Convention, although there were some confirmed cases of refoulement and tens of thousands of deportations have taken place during the year. The government increased efforts to deport those it claimed entered the country illegally, before they were granted status determination interviews by Turkish migration authorities. Istanbul, along with 14 other provinces, stopped registering asylum seekers in 2018, with the exception of those in a few categories such as newborn children and some specialized medical cases and family reunification instances. Many asylum seekers reported that in order to find work or be with their families, they either did not register or moved from the city where they had registered, neither of which is allowed under the country’s regulations. During the year the government also increased enforcement in major cities, such as Istanbul, against those who were either unregistered or registered to live in another province. In one instance an operation in July in Istanbul apprehended 6,122 individuals, including 2,600 Afghans and 1,000 Syrians, who either did not have valid registration to reside in Istanbul or who did not have registration at all.

The Ministry of Interior stated that all refugees of nationalities other than Syrian apprehended during these operations were sent to “repatriation centers.” Multiple refugee advocacy and human rights groups, including Amnesty International, reported the refoulement of some Syrians throughout the summer, during active conflict in Idlib, and the fall. While some deported Syrians acknowledged they were living unregistered when they were apprehended and deported, others said they were living outside their city of registration or claimed to have been carrying valid government documents guaranteeing their ability to reside in Turkey. One international human rights group reported that 23 Syrians claimed they were forcibly repatriated although they had not been willing to sign a “voluntary return form” or signed only after being coerced or misinformed. The government contended all returns were voluntary.

Access to Asylum: The law provides for standard treatment of asylum seekers countrywide and establishes a system of protection, but it limits rights granted in the 1951 convention to refugees from Europe and establishes restrictions on movement for conditional refugees. While non-European asylum seekers were not considered refugees by law, the government granted temporary protection status to millions of Syrians while maintaining conditional/subsidiary refugee status and providing international protection for other asylum seekers. Individuals recognized by the government for temporary protection (Syrians) or conditional/subsidiary refugee status (all other non-Europeans, for example, Iraqis, Iranians, and Somalis) were permitted to reside in the country temporarily until they could obtain third-country resettlement.

The law provides regulatory guidelines for foreigners’ entry into, stay in, and exit from the country, and for protection of asylum seekers. The law does not impose a strict time limit to apply for asylum, requiring only that asylum seekers do so “within a reasonable time” after arrival. The law also does not require asylum seekers to present a valid identity document to apply for status.

UNHCR reported it had intermittent and unpredictable access to detention and removal centers where non-Syrians were detained. UNHCR reported its visits to removal centers where apprehended foreigners were detained indicated the need for improvement in some areas, including access to information and legal aid by detainees as well as improved interpretation services. A 2016 agreement between the EU and Turkey allows some migrants arriving in Greece to be returned to Turkey in particular circumstances. Some contacts expressed doubts that all these readmitted persons had access to the asylum procedure and echoed UNHCR’s concerns.

Freedom of Movement: Authorities assigned Syrians to one of 62 “satellite cities,” where they are supposed to receive services from local authorities under the responsibility of provincial governorates. These refugees were required to check in with local authorities on either a weekly or biweekly basis and needed permission from local authorities to travel to cities other than their assigned city, including for meetings with UNHCR or resettlement-country representatives, which the government generally provided. Syrians under temporary protection were also restricted from traveling outside of provinces listed on their registration cards without permission. Syrians and non-Syrians could request permission to travel or to transfer their registration through the Directorate General for Migration Management (DGMM). Certain provinces did not accept travel permission requests or transfer of registration from Syrians under temporary protection. Syrians living in camps required permission from camp authorities to leave the camps.

Employment: The law allows both Syrians under temporary protection and non-Syrian conditional refugees the right to work, provided they were registered in the province they wish to work in for six months. Applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both conditional refugees and Syrians under temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

Access to Basic Services: The government provided free access to the public medical system to Syrians registered for temporary protection and subsidized medical care to other conditional refugees. The government also expanded access to education for school-age Syrian children. Many encountered challenges overcoming the language barrier or meeting transportation or other costs, or both.

As of September the Ministry of National Education reported that 684,000 of the school-age refugee children in the country were in school, a significant increase from prior years. An estimated 36.9 percent remained out of school as of September. According to UNICEF, nearly 526,000 refugee children received monthly cash assistance for education through a joint program with UNICEF funded by international donors.

Provincial governments, working with local NGOs, were responsible for meeting the basic needs of refugees and other asylum seekers assigned to satellite cities in their jurisdictions, as well as of the Syrians present in their districts. Basic services were dependent on local officials’ interpretation of the law and their resources. Governors had significant discretion in working with asylum seekers and NGOs, and the assistance provided by local officials to refugees and persons in situations similar to those of refugees varied widely.

Durable Solutions: The law does not provide for durable solutions within the country for Syrians under temporary protection or for conditional refugees, but it allows them to stay until resettled to a foreign country or able to return to their country of origin. The government granted citizenship to some Syrian refugees on a limited basis. As of September authorities had granted approximately 100,000 Syrians citizenship since 2010, according to the Interior Ministry’s General Directorate of Population and Citizenship Affairs.

Temporary Protection: Turkey adopted a geographically limited understanding of the term “refugee” when it ratified the Refugee Convention and acceded to the Refugee Protocol, recognizing only Europeans as eligible for legal refugee status. In recognition of this gap, the government adopted a temporary protection regulation in 2014. The government offered temporary protection to Syrian refugees who did not qualify as refugees due to the European-origin limitation in the law. According to the Syrian National Coalition and Turkish authorities, at year’s end the country was hosting under this “temporary protection” status nearly 3.6 million Syrian refugees. Authorities required Syrian asylum seekers to register with the DGMM to legalize their temporary stay in the country. In 15 provinces the DGMM no longer processed new registrations beyond newborns and highly vulnerable Syrians. Syrians who registered with the government were able to receive an identification card, which qualified them for assistance provided through the governorates, including free primary health care. By year’s end the DGMM had closed all but seven camps in five provinces. Residents of these camps numbered 63,443 at year’s end, according to authorities.

Syrians who officially entered the country with passports could receive one-year residence permits upon registration with the government. In 2018, 74,939 Syrians held valid residence permits; 2019 figures were not available at year’s end.

Section 3. Freedom to Participate in the Political Process

Although the constitution and law provide citizens the ability to change their government through free and fair elections based on universal and equal suffrage conducted by secret ballot, the government restricted equal competition and placed restrictions on the fundamental freedoms of assembly and expression. The government restricted the activities of some opposition political parties and leaders, including through police detention. Several parliamentarians remained at risk of possible prosecution after parliament lifted their immunity in 2016. During the year restrictive government regulations impacted the ability of many among the opposition to conduct political activities, such as organizing protests or political campaign events and sharing critical messages on social media. The government also suspended democratically elected mayors in multiple cities and municipalities in the southeast and in their place assigned state “trustees” when the former were accused of (but not necessarily convicted of) affiliation with terrorist groups. These tactics were most commonly directed against politicians affiliated with the leftist pro-Kurdish HDP and its partner party, the DBP. The government removed 44 percent of HDP mayors elected in the March municipal elections. Since 2016 the government had removed 62 percent of elected HDP officials. Former HDP cochairs Demirtas and Figen Yuksekdag remained in prison (see section 1.e, Political Prisoners and Detainees).

Opposition party officials reported difficulty raising campaign donations from individuals and businesses, which said they feared reprisals from the government. Some company employees seen by their management as supporting opposition parties, especially the HDP, claimed they faced adverse treatment, including termination of employment.

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and some officials engaged in corrupt practices with impunity. Parliament charges the Court of Accounts, the country’s supreme audit institution, with accountability related to revenues and expenditures of government departments. In 2018 it did not publish its annual report, however, and as of December had not begun its 2019 audit. Outside this audit system, there was no established pattern of or mechanism for investigating, indicting, and convicting individuals accused of corruption, and there were concerns regarding the impartiality of the judiciary in the handling of corruption cases.

During the year the government prosecuted law enforcement officers, judges, and prosecutors who initiated corruption-related investigations or cases against government officials, alleging the defendants did so at the behest of the Gulen movement. Journalists accused of publicizing the corruption allegations also faced criminal charges. In March a court sentenced 15 individuals involved in a 2013 corruption investigation of senior government leaders to life imprisonment. There were no reports that senior government officials faced official investigations for alleged corruption.

In October the Constitutional Court overturned a broadcast and publication ban on 2013 reports about corruption involving former ministers (four resigned at the time). As of December, however, the Radio and Television Supreme Council had yet to remove the ban on the reports, despite the court’s ruling.

Corruption: In August the government began investigations against two independent media outlets, T24 and Diken, for publishing reports based on tweets by an anonymous Twitter account (Fuat Avni) in 2014-15 related to allegations of corruption against the ruling AKP.

In August media outlets reported that a Ministry of Interior Affairs inspection found that in the southeastern province of Sanliurfa, the former AKP mayor of the Ceylanpinar district, Menderes Atilla, appointed his daughter as his executive assistant with an annual salary of more than 250,000 liras ($42,500). The former mayor’s daughter, Tugce Atilla, was first appointed in 2015 but did not report to work until March 2019, according to the inspection. The ministry ordered Atilla to pay back the income she had not earned.

Financial Disclosure: The law requires certain high-level government officials to provide a full financial disclosure, including a list of physical property, every five years. Officials generally complied with this requirement. The Presidency State Inspection Board is responsible for investigating major corruption cases. Nearly every state agency had its own inspector corps responsible for investigating internal corruption. Parliament, with the support of a simple majority, may establish investigative commissions to examine corruption allegations concerning the president, vice president(s), and ministers. The mechanism was not used during the year. A parliamentary super majority (400 deputies) may vote to send corruption-related cases to the Constitutional Court for further action.

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

A limited number of domestic and international human rights groups operated throughout the country, although many faced continued pressure from the government during the year. Some had difficulty registering as legal entities with the Ministry of Interior. Others faced government obstruction and restrictive laws regarding their operations. Human rights groups reported the government was sometimes unresponsive to their requests for meetings and did not include their input in policy formation. Human rights organizations and monitors as well as lawyers and doctors involved in documenting human rights abuses occasionally faced detention, prosecution, intimidation, and harassment, and their organizations faced closure orders for their activities. For example, in May a court sentenced 11 members of the executive board of the Turkish Medical Doctors Union to between 20 months’ and three years’ imprisonment for alleged terror propaganda for their 2018 public statement that “war is a public health issue” during the country’s Operation Olive Branch intervention in Syria. Human rights organizations reported that official human rights mechanisms did not function consistently and failed to address grave violations.

Human rights groups reported continued and intense government pressure. In one case, Osman Kavala, a prominent philanthropist and civil society leader jailed since 2017, remained in prison on charges of “attempting to overthrow the government” for involvement during the 2013 Gezi Park protests. The government also prosecuted on similar charges 15 others loosely associated with Kavala, including human rights activists and academics. Local and international human rights groups criticized the detentions and trials as politically motivated and lacking evidentiary justification.

The HRA reported that as of June its members had cumulatively faced more than 5,000 legal cases, mostly related to terror and insult charges since the group’s establishment. The HRA also reported that executives of their provincial branches were in prison. The HRFT reported its founders and members were facing 30 separate criminal cases. The harassment, detention, and arrest of many leaders and members of human rights organizations resulted in some organizations closing offices and curtailing activities and some human rights defenders self-censoring.

Some international and Syrian NGOs based in the country and involved in Syria-related programs reported difficulty renewing their official registrations with the government, obtaining program approvals, and obtaining residency permits for their staff. Some noted the government’s documentation requirements were unclear.

Government Human Rights Bodies: The government continued to staff its human rights monitoring body, the NHREI. According to August press reports, the NHREI received at least 10 applications regarding prison conditions and the practices of prison authorities. The NHREI did not accept any of the complaints. In response to an application regarding prison overcrowding, the NHREI stated that “due to the increased number of arrestees [related to the state of emergency period] and intensity of the capacity in prisons, such practice shall be accepted as proportionate.” Critics complained the institution was ineffective and lacked independence.

The Ombudsman Institution operated under parliament but as an independent complaint mechanism for citizens to request investigations into government practices and actions, particularly concerning human rights problems and personnel issues, although dismissals under the 2016-18 state of emergency decrees did not fall within its purview. According to online data, in 2018 the office received 17,585 applications for assistance, the majority of which dealt with public personnel issues.

The Inquiry Commission on the State of Emergency Measures, established in 2017 to address cases and appeals related to purges and closures during the state of emergency, announced in July that it had reviewed a total of 482,000 case files since its inception. From 2017 to August, the commission rejected 77,600 appeals and accepted approximately 6,700. Critics complained the commission’s decisions were opaque, biased, and slow.

The Ministry of Justice’s Human Rights Department served as its lead entity on human rights issues, coordinating its work with the ministry’s Victims’ Rights Department.

Parliament’s Human Rights Commission functioned as a national monitoring mechanism. Commission members maintained dialogue with NGOs on human rights issues and conducted some prison visits, although activists claimed the commission’s ability to influence government action was limited.

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, bargain collectively, and conduct legal strikes, but it places significant restrictions on these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity or payment of a fine equal to one year’s salary.

Certain public employees, such as senior officials, magistrates, members of the armed forces, and police, cannot form unions. The law provides for the right to strike but prohibits strikes by public workers engaged in safeguarding life and property and by workers in the coal mining and petroleum industries, hospitals and funeral industries, urban transportation, energy and sanitation services, national defense, banking, and education. For example, on October 4, a group of miners from Soma–the site of a 2014 disaster that left 301 workers dead–announced they would march 180 miles to Ankara to demand seniority indemnity payments for the previous five years. Jandarma reportedly prevented the miners from marching on October 6. Employees in some of these sectors were able to bargain collectively but were obligated to resolve disputes through binding arbitration rather than strikes.

The law allows the government to deny the right to strike in any situation it determines represents a threat to public health or national security. In January the government banned a strike by Izmir Suburban Rail System workers demanding salaries comparable to other rail transport workers, arguing that a strike would be disruptive to urban public transportation services. The government maintained a number of restrictions on the right of association and collective bargaining. The law requires unions to notify government officials prior to meetings or rallies, which must be held in officially designated areas and allow government representatives to attend their conventions and record the proceedings. A minimum of seven workers is required to establish a trade union without prior approval. To become a bargaining agent, a union must represent 40 percent of the employees at a given work site and 1 percent of all workers in that particular industry. Labor law prohibits union leaders from becoming officers of or otherwise performing duties for political parties or working for or being involved in the operation of any profit-making enterprise. Nonunionized workers, such as migrants and domestic servants, were not covered by collective bargaining laws.

The government did not enforce laws on collective bargaining and freedom of association effectively in many instances, and penalties were insufficient to deter violations. Labor courts functioned effectively and relatively efficiently, although appeals could often last for years. If a court ruled that an employer had unfairly dismissed a worker and should either reinstate or compensate the individual, the employer generally paid compensation to the employee along with a fine.

Public-sector employees dismissed under the 2016-18 state of emergency did not have access to adequate recourse to appeal their dismissals (see section 1.e.). The closure of foundations, universities, hospitals, associations, newspapers, television channels, publishing houses, and distributors under state of emergency decrees left employees jobless, without their salaries and severance payments, as part of the seizure of assets by the government. In June 2018 the International Labor Organization found that the government had unfairly dismissed or arrested worker representatives in addition to tens of thousands of public-sector workers. In a July 2018 report, the Confederation of Revolutionary Workers Unions (DISK) asserted that government actions under the state of emergency violated a range of labor rights and reported that 19 unions and confederations were shut down under the state of emergency, at times due to alleged affiliations with the Gulen movement. As of year’s end, the unions had not been reopened.

The government and employers interfered with freedom of association and the right to collective bargaining. Government restrictions and interference limited the ability of some unions to conduct public and other activities. Police were frequently present at union meetings and conventions, and some unions reported that local authorities prohibited public activities, such as marches and press conferences. In major cities authorities limited the traditional May 1 Labor Day rallies to distinct neighborhoods, while Labor Day activities in most other cities throughout the country faced no restrictions.

Official government statistics stated 52 workers lost their lives while working on the site of Istanbul’s new airport, while some union reports alleged the number was much higher. Police broke up a September 2018 on-site rally of workers protesting unsafe working conditions and unpaid wages at the construction site of Istanbul’s airport, leading to the detention of approximately 500 workers. Prior to their November 27 hearing, 67 defendants continued to face charges of destruction of property, disrupting the freedom to work, violating the law on public assemblies, and possession of weapons. None remained in detention or under judicial control.

According to DISK and CHP member of parliament Veli Agbaba, under the state of emergency, the government banned seven strikes that it deemed threats to national security and suspended 16 in 2019.

Employers used threats, violence, and layoffs in unionized workplaces. Unions stated that antiunion discrimination occurred regularly across sectors. Service-sector union organizers reported that private-sector employers sometimes ignored the law and dismissed workers to discourage union activity. Many employers hired workers on revolving contracts of less than a year’s duration, making them ineligible for equal benefits or bargaining rights. On March 7, chiefly female employees in the Flormar cosmetic company ended their strike and called for a boycott of the company’s products after 297 days protesting the firing of 132 women who complained of low pay and poor safety conditions in May 2018. The women accepted the company’s compensation offer.

b. Prohibition of Forced or Compulsory Labor

The law generally prohibits all forms of forced or compulsory labor, but the government enforced such laws unevenly. Penalties were insufficient to deter violations. Forced labor generally did not occur, although some local and refugee families required their children to work on the streets and in the agricultural or industrial sectors to supplement family income (see section 7.c.).

Women, refugees, and migrants were vulnerable to labor trafficking. Although government efforts to prevent trafficking continued with mixed effect, authorities made improvements in identifying trafficking victims nationwide. Penalties for conviction of trafficking violations were sufficiently stringent compared with other serious crimes. The government did not make data on the number of arrests and convictions related to trafficking publicly available.

The government implemented a work permit system for registered Syrian adults with special temporary protected status; however, applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both conditional refugees and Syrians under special temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law allows children to perform light work that does not interfere with their school attendance from the age of 14 and establishes 16 as the minimum age for regular employment. The law prohibits children younger than 16 from performing arduous or dangerous work. The government prohibited children younger than 18 from working in certain professions or under hazardous conditions.

The government did not effectively enforce child labor laws but made efforts to address the problem. Resources and inspections were insufficient to effectively monitor and enforce prohibitions against the use of child labor. In the absence of a complaint, inspectors did not generally visit private agricultural enterprises that employed 50 or fewer workers, resulting in enterprises vulnerable to child labor exploitation.

Illicit child labor persisted, including in its worst forms, driven in part by large numbers of Syrian refugee children working in the country. Child labor primarily took place in seasonal agriculture (e.g., hazelnuts), street work (e.g., begging), and small or medium industry (e.g., textiles, footwear, and garments), although the overall scale of the problem remained unclear, according to a wide range of experts, academics, and UN agencies engaged on the issue. Parents and others sent Romani children to work on the streets selling tissues or food, shining shoes, or begging. Such practices were also a significant problem among Syrian and Afghan refugee children. The government implemented a work permit system for registered adult Syrian refugees with temporary protection status, but many lacked access to legal employment; some refugee children consequently worked to help support their families, in some cases under exploitative conditions. According to data from the Ministry of Family, Labor, and Social Services, in 2018, 50 workplaces were fined for violating rules prohibiting 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  and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law does not explicitly address discrimination due to sexual orientation, gender identity, color, national origin or citizenship, social origin, communicable disease status, or HIV-positive status. The labor code does not apply to discrimination in the recruitment phase. Discrimination in employment or occupation occurred with regard to sex, ethnicity, religion, sexual orientation, HIV-positive status, and presence of a disability. Sources also reported frequent discrimination based on political affiliation and views. Penalties were insufficient to prevent violations.

Women faced discrimination in employment and were generally underrepresented in managerial-level positions in business, government, and civil society, although the number of women in the workforce increased compared with previous years. According to the Turkish Statistics Institute, the employment rate for women in 2018 was 29.1 percent (an increase from 28 percent in 2016), corresponding to 8.84 million women, compared with 65.5 percent employment for men. The World Economic Forum’s Global Gender Gap Report 2018 recorded that 36.1 percent of women participated in the labor force, compared with 33.8 percent in 2017.

For companies with more than 50 workers, the law requires that at least 3 percent of the workforce consist of persons with disabilities, while in the public sector, the requirement is 4 percent. Despite these government efforts, NGOs reported examples of discrimination in employment of persons with disabilities.

LGBTI individuals faced particular discrimination in employment. Some statutes criminalize the vague practice of “unchastity.” Some employers used these provisions to discriminate against LGBTI individuals in the labor market, although overall numbers remained unclear.

e. Acceptable Conditions of Work

The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday/leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule. The Labor Ministry’s Labor Inspectorate effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. Government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries.

The government did not effectively enforce laws related to the minimum wage, working hours, and OSH in all sectors. The law did not cover workers in the informal economy, which accounted for an estimated 25 percent of the gross domestic product and more than one-quarter of the workforce. Penalties were not adequate to deter violations.

OSH violations were particularly common in the construction and mining industries, where accidents were frequent and regulations inconsistently enforced. The Assembly for Worker Health and Safety reported at least 1,606 workplace deaths during the first 11 months of the year. In many sectors workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. Overall numbers of labor inspectors remained insufficient to enforce compliance with labor laws across the country.

OSH laws and regulations covered both contract and unregistered workers but did not sufficiently protect them. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction. A majority of conditional refugees and Syrians under temporary protection were working informally as employers found too burdensome the application process for work permits (see section 2.f., Protection of Refugees).

Yemen

Executive Summary

Yemen is a republic with a constitution that provides for a president, a parliament, and an independent judiciary. In 2012 the governing and opposition parties chose Vice President Abd Rabbuh Mansour Hadi as the sole consensus candidate for president. Two-thirds of the country’s eligible voters confirmed him as president, with a two-year mandate. In 2014 Houthi forces aligned with forces loyal to former president Ali Abdullah Saleh occupied the capital, Sana’a, igniting a civil conflict between Houthi forces and the Republic of Yemen Government (ROYG) that continued through the year.

The primary state security and intelligence-gathering entities, the Political Security Organization (PSO) and the National Security Bureau (NSB), came under Houthi control in 2014, although their structure and operations appeared to remain the same. The ROYG staffed the PSO and the NSB in areas under its control. By law the PSO and the NSB report first to the interior minister and then to the president; coordination efforts between the PSO and the NSB were unclear.

The Criminal Investigation Division reports to the Ministry of Interior and conducts most criminal investigations and arrests. The paramilitary Special Security Forces was under the authority of the interior minister, as was the counterterrorism unit. The Ministry of Defense supervised units to quell domestic unrest and to participate in internal armed conflicts. Civilian authorities did not maintain effective control over security forces. Houthis controlled most of the national security apparatus in sections of the north and some former state institutions. Competing tribal, party, and sectarian influences further reduced ROYG authority, exhibited in August when United Arab Emirates (UAE)-funded Security Belt Forces (SBF), many of which aligned with the secessionist Southern Transitional Council (STC), took over Aden and several other southern territories.

In 2014 the Houthi uprising compelled the ROYG to sign a UN-brokered peace deal calling for a “unity government.” The ROYG resigned after Houthi forces, allied with former president Ali Abdullah Saleh’s General People’s Congress (GPC) party, seized the presidential palace in 2015. Houthi forces then dissolved parliament, replacing it with the Supreme Revolutionary Committee. Hadi escaped house arrest and fled to Aden, where he declared all actions taken by Houthi forces in Sana’a unconstitutional, reaffirmed his position as president, pledged to uphold the principles of the 2014 National Dialogue Conference, and called on the international community to protect the country’s political process.

After Houthi forces launched an offensive in southern Yemen and entered Aden in 2015, Hadi fled to Saudi Arabia, and Saudi Arabia formed a military coalition, Operation “Decisive Storm,” on behalf of the ROYG. Peace talks in Kuwait in 2016 between the Houthis and ROYG ended inconclusively. In 2017 Houthi forces killed Saleh after he publicly split from the Houthis and welcomed cooperation with the coalition. In December 2018 direct talks between the ROYG and Houthis under UN supervision in Sweden led to agreements on a ceasefire in and around the city and port of Hudaydah, as well as on prisoner exchanges and addressing the humanitarian situation in Taiz. These agreements were not effectively implemented; hostilities–including Houthi drone strikes and coalition airstrikes–continued throughout the year.

Significant human rights issues included: unlawful or arbitrary killings, including political assassinations; forced disappearances; torture; arbitrary arrest and detention; harsh and life-threatening prison conditions; political prisoners; arbitrary infringements on privacy rights; criminalization of libel, censorship, and site blocking; substantial interference with freedom of assembly and association; the inability of citizens to choose their government through free and fair elections; pervasive corruption; recruitment and use of child soldiers; pervasive abuse of migrants; and criminalization of consensual same sex sexual conduct between adults.

Impunity for security officials remained a problem, in part because the government exercised limited authority and in part due to the lack of effective mechanisms to investigate and prosecute abuse and corruption. The ROYG took steps to investigate, prosecute, and punish officials who committed human rights abuses, but had limited capacity due to the ongoing civil war. Houthi control over government institutions in the north severely reduced the ROYG’s capacity to conduct investigations.

Nonstate actors, including the Houthis, tribal militias, militant secessionist elements, al-Qa’ida in the Arabian Peninsula (AQAP), and a local branch of ISIS committed significant abuses with impunity. Saudi-led coalition airstrikes resulted in civilian casualties and damage to infrastructure.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the constitution provides for freedom of expression, including for the press “within the limits of the law,” the Press and Publications Law calls for journalists to uphold national unity and prohibits criticism of the head of state. The Houthis did not respect the rights as provided in the constitution, and the government was unable to enforce them.

Freedom of Expression: All parties to the conflict severely restricted the right to freedom of expression, and female human rights defenders, journalists, and activists faced specific repression on the basis of gender. Local human rights defenders faced harassment, threats, and smear campaigns from the government, Saudi-led coalition, and Houthi forces. In multiple instances Houthis went to the homes of activists, journalists, and political leaders opposed to the Houthis and used the threat of arrest and other means to intimidate perceived opponents and to silence dissent.

Press and Media, Including Online Media: Prior to the outbreak of conflict, the transitional government approved legislation to regulate broadcasting and television channels. A number of domestic private stations operated under media production company permits, and several stations broadcast from abroad for domestic audiences.

Violence and Harassment: The government was unable to take any substantive steps to protect journalists from violence and harassment. Progovernment popular resistance forces, Houthis, and tribal militias were responsible for a range of abuses against media outlets.

In May, Amnesty International reported the Houthis had detained 10 journalists since 2015 on false charges, and subjected the journalists to torture and other forms of abuse.

In August the CPJ documented that military authorities detained three journalists, Munir Talal, Mahfouz al-Baaithi, and Yahya al-Baaithi, at a hotel in the city of Taiz, accusing them of belonging to a militia. Authorities released them after making them pledge not to write or publish anything on their detention.

Progovernment forces, including Security Belt and Hadrami forces, harassed media and monitors by raiding civil society organizations, and detaining journalists and demonstrators for publicizing complaints about detention practices and military operations. The CPJ reported in 2018 an armed raid in March of that year on the offices of al-Shomou Foundation, believed to be pro-ROYG. The men set fire to the presses used to print the weekly al-Shomou and daily Akhbar al-Youm newspapers. The president of al-Shomou Foundation told the CPJ the attackers arrived in vehicles and wore uniforms consistent with the Security Belt forces that operate in and around Aden. Three weeks later, Security Belt forces abducted seven Akhbar al-Youm staff from the same location and released them after one month.

Censorship or Content Restrictions: The Houthis controlled several state ministries responsible for press and communications, including the Ministry of Telecommunications. In that capacity they selected items for formerly government-run broadcast and print media and did not allow reports critical of themselves. The Ministry of Telecommunications and internet service providers reportedly blocked websites and domains authorities deemed critical of the Houthi agenda. OHCHR reported Houthi forces censored television channels and banned newspapers from publication.

Libel/Slander Laws: The law criminalizes criticism of the “person of the head of state;” the publication of “false information” that may spread “dissent and division among the people;” materials that may lead to “the spread of ideas contrary to the principles of the Yemeni revolution;” and “false stories intended to damage Arab and friendly countries or their relations.” There was no information during the year whether the ROYG or the Houthis used these laws to restrict public discussion or retaliate against journalists or political opponents.

Nongovernmental Impact: International media and human rights organizations said their personnel were unable to obtain coalition permission to use UN flights into and out of Sana’a since 2017. Independent observers must take commercial flights to government-controlled areas in the south and then travel by land across dangerous front lines to other areas. See section 1.g. for reports of abductions of journalists by unidentified armed men.

b. Freedoms of Peaceful Assembly and Association

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

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.

In-country Movement: Rebel forces, resistance forces, security forces, and tribes maintained checkpoints on major roads. In many regions, especially in areas outside effective central security control, armed tribesmen frequently restricted freedom of movement, operating their own checkpoints, sometimes with military or other security officials, and often subjected travelers to physical harassment, extortion, theft, or short-term kidnappings for ransom. Damage to roads, bridges, and other infrastructure from the conflict also hindered the delivery of humanitarian aid and commercial shipments (see section 1.g.).

Women in general did not enjoy full freedom of movement, although restrictions varied by location (see section 6, Women). Some observers reported increased restrictions on women in conservative locations, such as Safadi. Oxfam reported that in areas controlled by radical Islamic groups such as AQAP, men at checkpoints increasingly insisted on adherence to the “mahram” system, the cultural obligation of women to be accompanied by male relatives in public.

Local observers reported Yemenis from Houthi-controlled areas faced increasing discrimination and difficulties when traveling in the southern portion of the country.

Foreign Travel: The Houthi takeover of Sana’a in 2014 and the government relocation to Aden in 2015 left no official government authority in control of Sana’a airport customs or immigration functions. In 2016 the coalition closed Sana’a International Airport to commercial traffic, permitting only UN humanitarian flights, thereby preventing thousands of local citizens from traveling abroad. Those who needed to leave the country attempt alternative routes that require long journeys across active front lines at high risk and cost.

In the past women needed the permission of a male guardian, such as a husband, before applying for a passport or leaving the country. A husband or male relative could bar a woman from leaving the country by placing a woman’s name on a “no-fly list” maintained at airports. Prior to the conflict, authorities strictly enforced this requirement when women traveled with children, but there were no reports of government authorities enforcing this requirement during the year. There were attempts, however, by the Houthis to impose similar restrictions on women’s international travel. Given the deterioration of infrastructure and lack of security due to the conflict, many women reportedly declined to travel alone (see section 6, Women).

f. Protection of Refugees

UNHCR’s Head of Sub Office Aden acknowledged the efforts and hospitality of the government and its people, who have continued to host some 275,000 refugees and asylum-seekers despite the conflict. UNHCR reported more than 97,000 new arrivals of migrants and refugees to the country in the first eight months of the year, marking a 48 percent increase over the previous year, with expectations up to 160,000 could arrive by the end of the year. The IOM estimated 20,000 migrants, a majority of whom were fleeing conflict in the Horn of Africa, traveled by boat to Yemen each month.

The country received refugees from a variety of countries during the conflict. Many refugees became increasingly vulnerable due to the worsening security and economic situation in the country. Somali, Ethiopian, Eritrean, and other refugees, asylum seekers, and migrants shared in the general poverty and insecurity of the country.

According to UNHCR’s November Operational Update, there were approximately 276,800 refugees and asylum seekers in the country, mostly from Somalia and Ethiopia. Many were attempting to reach or return to Saudi Arabia for work and had entered the country based on false information from smugglers that the conflict in the country was over, according to UNHCR and the IOM. Due to the fighting, many took refuge at the Kharaz camp and towns in the south. The ROYG could not provide physical protection to refugees; many were held in detention centers operated by Houthis in the north and the government in the south. UNHCR claimed there were reports of refugees and migrants facing physical and sexual abuse as well as torture and forced labor, in both Houthi and ROYG-controlled facilities, and that many refugees and migrants were susceptible to trafficking.

Abuse of Migrants, Refugees, and Stateless Persons: OHCHR reported SBF committed rape and other forms of serious sexual violence targeting foreign migrants and other vulnerable groups (see sections 1.c. and 1.g.).

Multiple NGOs and the media continued to report that criminal smuggling groups built a large number of “camps” near the Yemen-Saudi border city of Haradh and in other parts of the country, where militants held migrants for extortion and ransom.

In August, HRW reported migrants from the Horn of Africa were met and captured by traffickers upon arrival of the former in the country. The report stated five migrants who were interviewed said the traffickers physically assaulted them to extort payments from family members or contacts in Ethiopia or Somalia. While camps where migrants were held were run by Yemenis, Ethiopians often reportedly carried out the abuse. In many cases, relatives said they sold assets such as homes or land to obtain the ransom money. After paying the traffickers or escaping, many migrants claimed to have made their way north to the Saudi-Yemen border, crossing in rural, mountainous areas. The Associated Press reported in October hundreds of migrants were held in deplorable conditions and experienced rape, torture, and other abuse at the hands of smugglers.

Refoulement: Eritrean, Ethiopian, and Somali detainees in the Bureiqa migrant detention center near Aden alleged they were not allowed to claim refugee status and that hundreds of fellow detainees were sent back out to sea in overloaded boats. HRW reported in 2018 these deportations resulted in the deaths of dozens of asylum seekers. Information was not available for deportations during the year.

Access to Asylum: No law addresses the granting of refugee status or asylum, and there was no system for providing protection to asylum seekers. In past years, the government provided automatic refugee status to Somalis who entered the country. The Houthis attempted to take over the refugee status determinations process in areas under their control, leading many refugees to have lapsed documentation. UNHCR was generally able to access populations to provide assistance and was working with the Houthis to come to a resolution on registration of refugees. UNHCR continued to conduct refugee status determination in southern territory under government control, in coordination with the government.

In 2018 numerous first-hand accounts corroborated that asylum seekers who registered with UNHCR as refugees had their documentation confiscated upon arrival to Buraika, according to HRW.

Freedom of Movement: Freedom of movement remained difficult for all in the country, including refugees, given the damage to roads, bridges, and other basic infrastructure caused by the conflict. Most of the country’s airports incurred significant damage or were closed to commercial traffic, making travel difficult for all, including refugees. In areas controlled by Houthis unofficial checkpoints blocked or delayed the movement of individuals or goods.

The IOM reported both the ROYG and Houthis detained migrants due to concerns they could be recruited by the other party. UNHCR, the IOM, and other humanitarian organizations continued to face challenges accessing detention centers to monitor detained refugees and asylum seekers.

While the government generally deported migrants back to their country of origin, the Houthis frequently detained migrants for indefinite periods. In April, ROYG authorities began detaining large groups of migrants in Abyan, Aden, and Lahj governorates. At the peak of the campaign, approximately 5,000 migrants, including children and women, were held across three sites unfit to accommodate people, such as conflict-damaged sports stadiums. In coordination with partners, the IOM immediately began an emergency response for those detained, providing food, water supply, latrines, and health care. The IOM began assisting migrants detained in the 22nd of May Stadium to return to Ethiopia under its voluntary returns program, prioritizing women, children, and persons with specific vulnerabilities. Through 22 flights, the IOM returned home 2,742 stranded migrants. As of September the IOM had assisted with more than 3,784 refugee and migrant returns to the Horn of Africa.

During the year Houthi armed groups also continued arbitrarily to detain migrants in poor conditions and failed to provide access to asylum and protection procedures in a facility near the western port of Hudaydah. HRW reported overcrowding, lack of access to medical care, and physical abuse, with detainees showing signs of sores and festering wounds.

Access to Basic Services: Refugees lacked access to basic services due to the ongoing conflict. The United Nations estimated only approximately half of the country’s public-health facilities remained functional during the year. Many were closed due to damage caused by the conflict, some were destroyed, and all facilities faced shortages in supplies, including medications and fuel to run generators.

Section 3. Freedom to Participate in the Political Process

The law provides citizens with the ability to choose their government peacefully through free and fair periodic elections based on universal and equal suffrage. The outbreak of conflict interrupted a government-initiated new voter registration program. There have been no elections since the outbreak of conflict in 2014.

Section 4. Corruption and Lack of Transparency in Government

While the law provides for criminal penalties for official corruption, the government did not implement the law effectively. During the year there were reports of official corruption. A burdensome criminal judicial process creates a separate legal system for the political elite. According to the constitution, approval of one-fifth of the members of parliament is necessary to conduct a criminal investigation of a deputy minister or higher-ranking official. The law then requires a two-thirds majority in parliament and presidential permission to bring criminal investigation results to the general prosecutor for indictment. The government did not use the procedure before Houthis disbanded parliament in 2015 and have not used it since.

Corruption: Corruption was pervasive throughout the country, and observers reported petty corruption in nearly every government office. Job applicants were often expected to purchase their positions. Observers believed tax inspectors undervalued assessments and pocketed the difference. Many government officials and civil service employees received salaries for jobs they did not perform or multiple salaries for the same job. Corruption also regularly affected government procurement. Corruption and goods on the black market increased overall in parts of Houthi-controlled areas, particularly in institutions controlled from Sana’a.

Recent analyses by international and local observers, including Transparency International, agreed corruption was a serious problem in every branch and level of government, and especially in the security sector. International observers claimed government officials benefited from insider arrangements, embezzlement, and bribes. Political leaders and most government agencies took negligible action to combat corruption. In the view of informed local observers, the leading cause of the 2011 protests eventually resulting in the current internal conflict was the anger against decades-long pervasive corruption in the central government.

The Central Organization for Control and Audit (COCA) is the national auditing agency for public expenditures and the investigative body for corruption. COCA reportedly conducted an investigation into alleged malfeasance in the Central Bank of Yemen during the year, although there was no information available regarding the results of the investigation.

Some police stations reportedly maintained an internal affairs section to investigate security force abuses and corruption, and citizens have the right to file complaints with the Prosecutor’s Office. The Ministry of Interior had a fax line for citizens to file claims of abuse for investigation. No information was available on the number of complaints the ministry received or investigated or whether the mechanism still existed.

A government plan to collect biometric information on all government employees, including soldiers and other security force members, and to create a central registry designed to eliminate the alleged tens of thousands of fraudulent and duplicate names from the payroll, was suspended following the armed Houthi takeover in 2015. The government also suspended implementation of a payment system for soldiers and other security force members via bank or post office accounts. Prior to the outbreak of conflict, that system bypassed paymasters who had previously paid soldiers in cash.

Prior to the outbreak of conflict, the independent Supreme National Authority for Combating Corruption (SNACC) received complaints and developed programs to raise awareness of corruption. It included a council of government, civil society, and private-sector representatives. A lack of capacity, particularly in terms of financial analysis, hampered the SNACC. During the year according to the government, the SNACC continued to operate “at minimal levels.” No information was available, however, on the number of complaints received or referrals for prosecution.

Financial Disclosure: The law requires annual disclosure of financial assets by all ministers, deputy ministers, agency heads, members of parliament, and Shura Council members. Filers are to provide disclosures to the SNACC for verification. The information was not publicly available. The SNACC may also request disclosures from any other government employee and provides for penalties for false filing of information. The law does not require disclosure of assets of children or spouses. There was no information on whether officials complied with the law.

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

Nonstate actors, including the Houthis, subjected domestic human rights NGOs to significant harassment during the year (see also section 2.b.). In August 2018 the Houthis detained Kamal al-Shawish, a cofounder of NGO Mwatana, and released him in September 2018. Mwatana regularly criticizes human rights conditions in the country.

International human rights organizations stated their personnel were unable to obtain coalition permission to use UN flights into and out of Sana’a since 2017. Independent observers must take commercial flights to government-controlled areas in the south and then travel by land across dangerous front lines to other areas.

The United Nations or Other International Bodies: On October 1, media reports stated Houthi rebels denied entry to OHCHR representative Ahmed Elobeid. When Elobeid landed in Sana’a, Houthi security officers boarded his plane, took away his travel permit, and ordered his plane to leave. Prior to this incident, OHCHR had published a critical report detailing abuses by all parties in the civil war, including sexual violence against women in Houthi-run prisons.

Government Human Rights Bodies: In 2015 Presidential Decree Number 13 established the NCIAVHR as an independent group responsible for investigating all alleged human rights violations since 2011. The commission consists of a chair and eight members with legal, judicial, or human rights backgrounds. The NCIAVHR continued to investigate and report on human rights conditions during the year and conducted training with the United Nations.

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

Section 7. Worker Rights

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

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

b. Prohibition of Forced or Compulsory Labor

The penal code prescribes up to 10 years’ imprisonment for any person who “buys, sells, gives [a human being] as a present, or deals in human beings.” This statute’s narrow focus on transactions and movement means the law does not criminalize many forms of forced labor.

The ROYG did not effectively enforce the law due to the continuing conflict and lack of resources.

Although information was limited, in the past there were numerous reports of forced labor in both urban and rural areas. Some sources reported the practice of chattel slavery in which human beings were traded as property continued. No official statistics existed detailing this practice. Sources reported there could be several hundred other men, women, and children sold or inherited as slaves in the al-Hudaydah and al-Mahwit governorates. In some instances employers forced children into domestic servitude and agricultural work (see section 7.c.) and women into domestic servitude or prostitution.

Migrant workers and refugees were vulnerable to forced labor. For example, some Ethiopians, Eritreans, and Somalis were forced to work on khat farms (khat is a flowering plant that contains stimulants); some women and children among this population may also have been exploited in domestic servitude.

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 law prohibits child labor, but the government did not implement its regulations effectively. The Combating Child Labor Unit within the Ministry of Social Affairs and Labor was responsible for implementing and enforcing child labor laws and regulations.

The country’s minimum employment age is 14 or not lower than the age of completion of compulsory education, which is generally 15.

Children younger than 18 with formal contracts may work no longer than six hours a day, with a one-hour break after four consecutive hours, on weekdays between 7 a.m. and 7 p.m.

Child labor was common, including its worst forms. According to a 2013 International Labor Organization study, the latest available such data, more than 1.3 million children participated in the workforce.

In rural areas family poverty and traditional practice led many children to work in subsistence farming. In urban areas children worked in stores and workshops, sold goods, and begged on the streets. Children also worked in some industries and construction. Continued weak economic conditions forced hundreds of children to seek work in the hazardous fishery, construction, and mining sectors. Children also reportedly worked in dangerous conditions in waste dumps. According to HRW, nearly one-third of all combatants in the country were younger than 18 years of age (see section 1.g., Child Soldiers).

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

d. Discrimination with Respect to Employment and Occupation

The labor law does not address employment discrimination on the basis of sexual orientation, political opinion, national origin, social origin, gender identity, HIV status, or other communicable diseases. Discrimination based on race, gender, and disability remained a serious problem in employment and occupation. The law reserves 5 percent of government jobs for persons with disabilities and mandates the acceptance of persons with disabilities in universities, exempts them from paying tuition, and requires schools be accessible to persons with disabilities. The extent to which any authority implemented these laws was unclear.

Racial and employment discrimination against the Muhamasheen were problems. Persons with disabilities faced discrimination in hiring and limited access to the workplace (see section 6). Foreign workers may join unions but may not be elected to office. Women were almost absent from the formal labor market, with a labor force participation rate as low as 6 percent.

e. Acceptable Conditions of Work

There was no established minimum wage in the private sector. The minimum civil service wage was more than the estimated poverty income level; however, civil servant salaries have not been paid consistently for several years, and most were too low to provide for a large family.

The law specifies a maximum 48-hour workweek with a maximum eight-hour workday, although many workshops and stores operated 10- to 12-hour shifts without penalty. The 35-hour workweek for government employees was nominally seven hours per day from Sunday through Thursday. The law requires overtime pay and paid holidays and leave and prohibits excessive or compulsory overtime.

The law prescribes occupational safety and health standards. It states every employer must provide industry-appropriate safe and healthy conditions for workers. The law recognizes the right of workers to remove themselves from dangerous work situations, and workers may challenge dismissals based on such actions in court. The safety law does not apply to domestic servants, casual workers, or agricultural workers.

Government enforcement of labor law was weak to nonexistent; penalties, if enforced, were insufficient to deter violations. Working conditions generally were poor, and wage and overtime violations were common. Foreign migrant workers, youth, and female workers typically faced the most exploitative working conditions. Working conditions were poor in the informal sector, which included an estimated 89 percent of the workforce. There was no credible information available regarding work-related accidents or fatalities during the year.