a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings. From January 1 to June 30, UNAMA reported an overall increase in civilian deaths over the same period for 2016, from 1,637 to 1,662. The number of civilians killed by progovernment forces, however, decreased from 396 to 327. The number of civilian casualties decreased from 5,267 to 5,243.

According to UNAMA, in January Afghan National Police (ANP) in Nesh district, Kandahar Province, beat three young men to death because police believed they were supporters of antigovernment forces. There were numerous allegations of deaths resulting from torture, particularly in Kandahar Province. Although the government investigated and prosecuted some cases of extrajudicial killing, an overall lack of accountability for security force abuses remained a problem.

There were numerous reports of politically motivated killings or injuries by the Taliban, ISIS-Khorasan Province (ISIS-K), and other insurgent groups. UNAMA reported 1,141 civilian deaths due to antigovernment and terrorist forces in the first six months of the year. These groups caused 67 percent of total civilian casualties, a 12 percent increase from 2016. On May 31, antigovernment forces injured more than 500 civilians and killed an additional 150 in a vehicle-borne IED attack against civilians during rush hour on a busy street in Kabul.

b. Disappearance

There were reports of disappearances committed by security forces and antigovernment forces alike.

UNAMA, in its April 24 Report on the Treatment of Conflict-Related Detainees, reported multiple allegations of disappearances by the ANP in Kandahar.

On February 8, an armed group abducted two International Committee of the Red Cross (ICRC) aid workers in Qush Tepah district, Jowzjan Province, during which six other ICRC staff were killed. In September the two aid workers were released.

In March an Australian aid worker, kidnapped in Kabul in November 2016, was released after five months in captivity. Two professors, working for the American University of Afghanistan and kidnapped by the Taliban in August 2016, were still in captivity.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.

NGOs reported security forces continued to use excessive force, including torturing and beating civilians. On April 22, the government approved a new Anti-Torture Law, which expands the previous prohibition on torture contained in the original penal code. The new law, however, applies only to torture committed in the context of the criminal justice system and does not clearly extend to torture committed by military or other security forces.

UNAMA, in its April 24 Report on the Treatment of Conflict-Related Detainees, cited multiple reports of torture and other abuse committed by security forces, most frequently after the initial arrest, during interrogation, and with the purpose of eliciting confessions. The UNAMA report noted a high concentration of torture and abuse by police in Kandahar Province. Of the 469 National Directorate for Security (NDS), ANP, and Afghan National Defense and Security Forces (ANDSF) detainees interviewed, 39 percent reported torture or other abuse. Types of abuse included severe beatings, electric shocks, prolonged suspension by the arms, suffocation, wrenching of testicles, burns by cigarette lighters, sleep deprivation, sexual assault, and threats of execution.

In November 2016, First Vice President General Abdul Rashid Dostum allegedly kidnapped Uzbek tribal elder and political rival Ahmad Ishchi. Before detaining Ishchi, Dostum let his bodyguards brutally beat him. After several days in detention, Ishchi alleged he was beaten, tortured, and raped by Dostum and his men. On August 14, Balkh Governor Atta Mohammed Noor allegedly attempted to arrest his political rival Asif Mohmand. The ensuing shootout resulted in three deaths and 13 persons injured. There were reports that Atta and his sons then detained and beat Mohmand and bit off a piece of his ear. The Attorney General’s Office opened investigations into both of the cases. As of September 16, there was no progress on either case, and both Dostum and Atta remained free. Dostum was no longer in the country, and he had not been allowed to exercise his duties as first vice president pending resolution of the legal charges against him.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban and other antigovernment groups. In March the Taliban in northern Badakhshan Province stoned a woman to death for suspected “zina” (extramarital sex). There were other reports of the Taliban cutting off the hands and feet of suspected criminals.

Prison and Detention Center Conditions

Prison conditions were difficult due to overcrowding, unsanitary conditions, and limited access to medical services. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Ministry of Interior, has responsibility for all civilian-run prisons (for both men and women) and civilian detention centers, including the large national prison complex at Pul-e Charkhi. The Ministry of Justice’s Juvenile Rehabilitation Directorate is responsible for all juvenile rehabilitation centers. The NDS operates short-term detention facilities at the provincial and district levels, usually collocated with their headquarters facilities. The Ministry of Defense runs the Afghan National Detention Facilities at Parwan. There were reports of private prisons run by members of the ANDSF and used for abuse of detainees.

Physical Conditions: Media and other sources continued to report inadequacies in food and water and poor sanitation facilities in prisons. Some observers, however, found food and water to be sufficient at GDPDC prisons. Nevertheless, the GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items.

Authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. There were reports the Parwan detention facility held 145 children for security-related offenses separate from the general population. Local prisons and detention centers did not always have separate facilities for female prisoners.

Overcrowding in prisons continued to be a serious, widespread problem. Based on standards recommended by the ICRC, 28 of 34 provincial prisons for men were severely overcrowded. The country’s largest prison, Pul-e Charkhi, held 11,527 prisoners, detainees, and children of incarcerated mothers as of June, which was more than double the number it was designed to hold. UNAMA found no reports of torture within the Ministry of Interior prison system. In April, 500 prisoners at Pul-e Charkhi carried out a multiday hunger strike to protest the administration of their court cases and insufficient food and medical care at the prison.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate. In November the local NGO Integrity Watch Afghanistan reported that Wardak Prison had no guaranteed source of clean drinking water and that prisoners in Pol-e Charkhi, Baghlan, and Wardak had limited access to food, with prisoners’ families also providing food to make up the gap.

Administration: The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.

There were reports of abuse and mistreatment by prison officials. On August 20, Takhar prison guards and police allegedly used clubs to beat 15 female inmates during a protest where approximately 60 women protested their continued imprisonment, despite promises of amnesty made by the government. The Attorney General’s Office investigated the allegations and recommended criminal charges against three guards for the alleged beating.

Independent Monitoring: The Afghanistan Independent Human Rights Commission (AIHRC), UNAMA, and the ICRC monitored the NDS, Ministry of Interior, Ministry of Justice, and Ministry of Defense detention facilities. NATO Mission Resolute Support monitored the NDS, ANP, and Defense Ministry facilities. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from properly documenting physical evidence of abuse, such as bruises, scars, and other injuries. The NDS assigned a colonel to monitor human rights conditions in its facilities.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but both remained serious problems. Authorities detained many citizens without respecting essential procedural protections. According to NGOs, law enforcement officers continued to detain citizens arbitrarily without clear legal authority or due process. Local law enforcement officials reportedly detained persons illegally on charges not provided for in the penal code. In some cases authorities wrongfully imprisoned women because they deemed it unsafe for the women to return home or because women’s shelters were not available to provide protection in the provinces or districts at issue (see section 6, Women). The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter, but authorities generally did not observe this requirement.

ROLE OF THE POLICE AND SECURITY APPARATUS

Three ministries have responsibility for law enforcement and maintenance of order in the country: the Ministry of Interior, the Ministry of Defense, and the NDS. The ANP, under the Interior Ministry, has primary responsibility for internal order and for the Afghan Local Police (ALP), a community-based self-defense force. 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, oversaw their own justice and security systems.

There were reports of impunity and lack of accountability by security forces throughout the year. According to observers, ALP and ANP personnel were largely unaware of their responsibilities and defendants’ rights under the law. Accountability of NDS, ANP, and ALP officials for torture and abuse was weak, not transparent, and rarely enforced. Independent judicial or external oversight of the NDS, ANP, and ALP in the investigation and prosecution of crimes or misconduct, including torture and abuse, was limited or nonexistent.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

UNAMA, the AIHRC, and other observers reported arbitrary and prolonged detention frequently occurred throughout the country. Authorities often did not inform detainees of the charges against them.

The law provides for access to legal counsel and the use of warrants, and it limits how long authorities may hold detainees without charge. Police have the right to detain a suspect for 72 hours to complete a preliminary investigation. If police decide to pursue a case, they transfer the file to the Attorney General’s Office. With court approval, the investigating prosecutor may continue to detain a suspect while continuing the investigation, with the length of continued detention depending on the severity of the offense. The investigating prosecutor may detain a suspect for a maximum of 10 additional days for a petty crime, 27 days for a misdemeanor, and 75 days for a felony. The prosecutor must file an indictment or release the suspect within those deadlines; there can be no further extension of the investigatory period if the defendant is already in detention. Prosecutors often ignored these limits. Incommunicado imprisonment remained a problem, and prompt access to a lawyer was rare. Prisoners generally were able to receive family visits.

The criminal procedure code provides for release on bail. Authorities at times continued to detain defendants who had been acquitted by the courts on the grounds that defendants who were released pending the prosecution’s appeal often disappeared. In other cases authorities did not rearrest defendants they released pending the outcome of an appeal, even after the appellate court convicted them in absentia.

According to international monitors, prosecutors filed indictments in cases transferred to them by police, even where there was a reasonable belief no crime occurred.

According to the juvenile code, the arrest of a child “should be a matter of last resort and should last for the shortest possible period.” Reports indicated children in juvenile rehabilitation centers across the country lacked access to adequate food, health care, and education. Detained children frequently did not receive the presumption of innocence, the right to know the charges against them, access to defense lawyers, and protection from self-incrimination. The law provides for the creation of special juvenile police, prosecution offices, and courts. Due to limited resources, special juvenile courts functioned in only six provinces (Kabul, Herat, Balkh, Kandahar, Nangarhar, and Kunduz). Elsewhere, children’s cases went to ordinary courts. The law mandates authorities handle children’s cases confidentially.

Some children in the criminal justice system were victims rather than perpetrators of crime. In the absence of sufficient shelters for boys, authorities detained abused boys and placed them in juvenile rehabilitation centers because they could not return to their families and shelter elsewhere was unavailable.

Police and legal officials often charged women with intent to commit zina to justify their arrest and incarceration for social offenses, such as running away from home, rejecting a spouse chosen by her family, fleeing domestic violence or rape, or eloping. The constitution provides that in cases not explicitly covered by the provisions of the constitution or other laws, courts may, in accordance with Hanafi jurisprudence (a school of Islamic law) and within the limits set by the constitution, rule in a manner that best attains justice in the case. Although observers stated this provision was widely understood to apply only to civil cases, many judges and prosecutors applied this provision to criminal matters. Observers reported officials used this article to charge women and men with “immorality” or “running away from home,” neither of which is a crime. Police often detained women for zina at the request of family members.

Authorities imprisoned some women for reporting crimes perpetrated against them and detained some as proxies for a husband or male relative convicted of a crime on the assumption the suspect would turn himself in to free the family member.

Authorities placed some women in protective custody to prevent violence by family members. They also employed protective custody (including placement in a detention center) for women who had experienced domestic violence, if no shelters were available to protect them from further abuse. The Elimination of Violence Against Women (EVAW) presidential decree–commonly referred to as the EVAW law–obliges police to arrest persons who abuse women. Implementation and awareness of the EVAW law was limited, however.

Arbitrary Arrest: Arbitrary arrest and detention remained a problem in most provinces. Observers reported some prosecutors and police detained individuals without charge for actions that were not crimes under the law, in part because the judicial system was inadequate to process detainees in a timely fashion. Observers continued to report those detained for moral crimes were almost exclusively women.

Pretrial Detention: The law provides a defendant the right to object to his or her pretrial detention and receive a court hearing on the matter. Nevertheless, lengthy pretrial detention remained a problem. Many detainees did not benefit from the provisions of the criminal procedure code because of a lack of resources, limited numbers of defense attorneys, unskilled legal practitioners, and corruption. The law provides that, if there is no completed investigation or filed indictment within the code’s 10-, 27-, or 75-day deadlines, the defendant must be released. Many detainees, however, were held beyond those periods, despite the lack of an indictment.

Amnesty: In September 2016 the government concluded a peace accord with the Hezb-e Islami Gulbuddin (HIG) group, which granted its leader, Gulbuddin Hekmatyar, amnesty for past war crimes and human rights abuses. In May, Gulbuddin Hekmatyar returned to Kabul for the first time in 20 years. The deal also included the release of HIG political detainees.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but the judiciary continued to be underfunded, understaffed, inadequately trained, largely ineffective, and subject to threats, bias, political influence, and pervasive corruption.

Judicial officials, prosecutors, and defense attorneys were often intimidated or corrupt. Bribery and pressure from public officials, tribal leaders, families of accused persons, and individuals associated with the insurgency impaired judicial impartiality. Most courts administered justice unevenly, employing a mixture of codified law, sharia, and local custom. Traditional justice mechanisms remained the main recourse for many, especially in rural areas. Corruption was common within the judiciary, and often criminals paid bribes to obtain their release or a reduction in sentence (see section 4).

The formal justice system was stronger in urban centers, closer to the central government, and weaker in rural areas. Courts and police forces continued to operate at less than full strength nationwide. The judicial system continued to lack the capacity to absorb and implement the large volume of new and amended legislation. A lack of qualified judicial personnel hindered the courts. Some municipal and provincial authorities, including judges, had minimal training and often based their judgments on their personal understanding of sharia without appropriate reference to statutory law, tribal codes of honor, or local custom. The number of judges who graduated from law school continued to increase. Access to legal codes and statutes increased, but their limited availability continued to hinder some judges and prosecutors.

In March, TOLO News reported that an attorney working on the Farkhunda case called on President Ghani to review the murder case, citing failure to investigate the case properly. In March 2016 President Ghani established an investigatory committee to look into Farkhunda’s case after the Supreme Court’s decision to reduce the sentences of the perpetrators. As of year’s end, there were no results from that committee.

There was a widespread shortage of judges, primarily in insecure areas. During the year the judiciary attempted to send new female judges to insecure provinces without adequate provisions for security. The new female judges protested, and as of September 16, the judiciary relented and agreed to send the female judges to other, more secure provinces.

In major cities courts continued to decide criminal cases as mandated by law. Authorities frequently resolved civil cases using the informal system or, in some cases, through negotiations between the parties facilitated by judicial personnel or private lawyers. Because the formal legal system often was not present in rural areas, local elders and shuras (consultative gatherings, usually of men selected by the community) were the primary means of settling both criminal matters and civil disputes. They also imposed punishments without regard to the formal legal system.

In some areas the Taliban enforced a parallel judicial system based on a strict interpretation of sharia. Punishments included execution and mutilation. On March 13, the Taliban cut off a 15-year-old’s hand and foot in the western province of Herat for the alleged theft of a motorcycle.

TRIAL PROCEDURES

The constitution provides the right to a fair and public trial, but the judiciary rarely enforced this provision. The administration and implementation of justice varied in different areas of the country. The government formally uses an inquisitorial legal system. By law all citizens are entitled to a presumption of innocence, and those accused have the right to be present at trial and to appeal, although the judiciary did not always respect these rights. Some provinces held public trials, but this was not the norm.

Three-judge panels decide criminal trials, and there is no right to a jury trial under the constitution. Prosecutors rarely informed defendants promptly or in detail of the charges brought against them. Indigent defendants have the right to consult with an advocate or counsel at public expense when resources allow. The judiciary applied this right inconsistently, in large part due to a severe shortage of defense lawyers. Citizens were often unaware of their constitutional rights. Defendants and attorneys are entitled to examine physical evidence and documents related to a case before trial, although observers noted court documents often were not available for review before cases went to trial, despite defense lawyers’ requests.

Criminal defense attorneys reported justice system officials slowly demonstrated increased respect and tolerance for the role of defense lawyers in criminal trials, but at times defendants’ attorneys experienced abuse and threats from prosecutors and other law enforcement officials.

The criminal procedure code establishes time limits for the completion of each stage of a criminal case, from investigation through final appeal, when an accused is in custody. The code also permits temporary release of the accused on bail, but this was rarely honored. An addendum to the code provides for extended custodial limits in cases involving crimes committed against the internal and external security of the country. Courts at the Justice Center in Parwan elected to utilize the extended time periods. If the deadlines are not met, the law requires the accused be released from custody. In many cases courts did not meet these deadlines, but detainees nevertheless remained in custody.

In cases where no clearly defined legal statute applied, or where judges, prosecutors, or elders were unaware of the statutory law, judges and informal shuras enforced customary law. This practice often resulted in outcomes that discriminated against women.

POLITICAL PRISONERS AND DETAINEES

There were no reports the government held political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Corruption and limited capacity restricted citizen access to justice for constitutional and human rights violations. Citizens submit complaints of human rights violations to the AIHRC, which reviews and submits credible complaints to the Attorney General’s Office for further investigation and prosecution.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference in matters of privacy, but authorities did not always respect its provisions. The criminal procedure code contains additional safeguards for the privacy of the home, prohibiting night arrests and strengthening requirements for body searches. The government did not always respect these prohibitions.

Government officials continued to enter homes and businesses of civilians forcibly and without legal authorization. There were reports that government officials monitored private communications, including telephone calls and other digital communications, without legal authority or judicial warrant.

Residents of Baghlan Province reported the Taliban commandeered civilian homes without permission to use as bases to plan and stage attacks against government forces.

g. Abuses in Internal Conflict

Continuing internal conflict resulted in civilian deaths, abductions, prisoner abuse, property damage, displacement of residents, and other abuses. The security situation remained a problem due to insurgent attacks. Terrorist groups caused the vast majority of civilian deaths.

Killings: During the first half of the year, UNAMA counted 1,662 civilian deaths due to conflict, an increase of 2 percent from the first half of 2016. UNAMA noted an increase of women and child deaths due to more indiscriminate IED attacks by antigovernment forces in urban centers, including the country’s capital of Kabul. UNAMA attributed 67 percent of civilian casualties to antigovernment forces, including the Taliban and ISIS, and 18 percent to progovernment forces. The AIHRC, in its annual report of civilian casualties, reported 2,823 civilians killed from March 2016 to March 2017. On August 5, ISIS-K and the Taliban attacked a Shia village in Sayyad district of Sar-e-Pul Province and killed more than 40 civilians. UNAMA noted the majority of civilian casualties resulted from deliberate attacks by antigovernment forces against civilians.

UNAMA documented an increase in attacks by antigovernment forces against religious leaders from only two incidents in 2016 to 11 in the first six months of 2017. On August 1, ISIS-K bombed a Shia mosque in Herat, killing 29 civilians, and on August 25, suicide attackers stormed a Shia mosque in Kabul during Friday Prayer, killing at least 20 individuals and injuring dozens.

The increase in complex suicide attacks was evidenced by repeated attacks in Kabul. On January 10, a Taliban suicide attack in Kabul killed more than 30 individuals and injured some 70 others, as twin blasts hit a crowded area of the city during the afternoon rush hour. On May 31, a truck bomb exploded, killing 150 and injuring 500 outside the German embassy in Kabul. While no group claimed responsibility, protesters took to the streets on June 2, accusing government officials of cooperating with terrorists. Police shot and killed five protesters, including Salem Izidyar, the eldest son of Deputy Speaker of the Senate Alam Izidyar. At Izidyar’s funeral three suicide bombers struck on foot, killing at least a dozen persons.

Antigovernment elements continued to attack religious leaders who they concluded spoke against the insurgency or the Taliban. On September 9, Taliban gunmen on motorcycles in the Kohestan district of Kapisa Province killed Mawlawi Gul Mohammad Hanifyar, head of the Kapisa Ulema Council. The Kapisa police chief reported the arrest of five suspects in the case. According to UNAMA’s statistics, this was the 12th targeted assassination of a religious leader by the Taliban or other antigovernment forces during the year, more than double the number in 2016.

Antigovernment elements also continued to target government officials and entities throughout the country. On January 10, an explosion killed 12 individuals, including Kandahar’s deputy governor, Abdul Ali Shamsi, and Afghan diplomat, Yama Quraishi, at a guesthouse on Kandahar governor Humayun Azizi’s compound. Injured in the attack were 14 individuals, including United Arab Emirates’ ambassador to Afghanistan, Mohammed Abdullah al-Kaabi, who later died from his injuries.

Abductions: UNAMA documented 131 cases of conflict-related abductions and 467 abducted civilians in the first six months of the year, a decrease from more than 1,100 abducted civilians in the same period in 2016. On or around August 31, the Taliban abducted three government employees in western Herat Province, where reports noted an increase in abductions for ransom. The bodies of the three were found 20 days later.

Physical Abuse, Punishment, and Torture: According to some reports, in February a group of Uzbek elders from Takhar Province alleged abuses of the local population by local commander and former parliamentarian Piram Qul. They claimed that in addition to having killed popular Takhar Provincial Council member Ainuddin Rustaqi in April 2016, Piram Qul’s men killed four local police officers during the year and continued to torture detainees and jail residents in extrajudicial prisons. They complained that Piram Qul received government support for his leadership of a “people’s uprising group”–a progovernment militia.

Antigovernment elements continued to punish civilians. In February, Taliban members killed four civilians at a wedding party in the Sar Hakwza district of Paktika Province, accusing them of cooperating with government officials.

Antigovernment groups regularly targeted civilian noncombatants and used indiscriminate IEDs to kill and maim civilians. Land mines, unexploded ordnance, and explosive remnants of war (ERW) continued to cause deaths and injuries. The ANP reported that unexploded ordnance (UXO) killed 140 individuals per month. Media regularly reported cases of children killed and injured after finding UXO. The Ministry of Education and NGOs continued to conduct educational programs and mine awareness campaigns throughout the country. The UN High Commissioner for Refugees and the International Organization for Migration provided mine risk education for refugee and undocumented returnees.

Between January 1 and June 30, child casualties from ERW increased by 12 percent compared with the same period in 2016, accounting for 81 percent of all civilian casualties caused by ERW in 2017. ERW caused 296 child casualties (81 deaths and 215 injured), making it the second-leading cause of child casualties in the first half of the year. In the same period, UNAMA documented 192 incidents of ERW detonation resulting in 365 civilian casualties (93 deaths and 272 injured), a 17 percent increase compared with the first half of 2015.

Child Soldiers: There were reports the ANDSF, particularly the ANP and ALP, and progovernment militias recruited children. The AIHRC reported that government security forces in Kandahar Province used child recruits. UNAMA documented the recruitment and use of 14 boys by security forces from January to June. The government continued to work towards the expansion of Child Protection Units to all 34 provinces. As of August there were 21 active units.

Under a government action plan, the ANP took steps that included training staff on age-assessment procedures, launching an awareness campaign on underage recruitment, investigating alleged cases of underage recruitment, and establishing centers in some provincial recruitment centers to document cases of attempted child enlistment. Recruits underwent an identity check, including an affidavit from at least two community elders that the recruit was at least 18 years old and eligible to join the ANDSF. The Ministries of Interior and Defense also issued directives meant to prevent the recruitment and sexual abuse of children by the ANDSF. Media reported in some cases ANDSF units used children as personal servants, support staff, or for sexual purposes.

According to AIHRC, the Taliban in Kandahar used children for front-line fighting and setting IEDs. The Ministry of Interior reported arresting 166 children for involvement in attacks against the government, with the largest contingent (28) recruited by ISIS-K in Nangarhar Province. UNAMA also documented the recruitment of 15 boys by antigovernment elements (11 by ISIS-K, three by the Taliban, and one by an unidentified armed group). In some cases the Taliban and other antigovernment elements used children as suicide bombers, human shields, and IED emplacers, particularly in southern provinces. Media, NGOs, and UN agencies reported the Taliban tricked children, promised them money, used false religious pretexts, or forced them to become suicide bombers.

See also the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Other Conflict-related Abuse: The security environment continued to have a negative effect on the ability of humanitarian organizations to operate freely in many parts of the country. Insurgents deliberately targeted government employees and aid workers. Violence and instability hampered development, relief, and reconstruction efforts. NGOs reported insurgents, powerful local individuals, and militia leaders demanded bribes to allow groups to bring relief supplies into the country and distribute them. Antigovernment elements increased their targeting of hospitals and aid workers compared with 2016. According to media reports, since the start of the year, 15 aid workers were killed and as many injured. During the first six months of 2017, UNAMA documented 32 incidents targeting health-care facilities and health-care workers, resulting in 58 civilian casualties (27 deaths and 31 injured) compared with 67 incidents during the same period in 2016 that caused 11 civilian casualties (five deaths and six injured). On March 8, ISIS-K attacked a military hospital in Kabul, killing 26 patients and hospital staff.

In the south and east, the Taliban and other antigovernment elements frequently forced local residents to provide food and shelter for their fighters. The Taliban also continued to attack schools, radio stations, and government offices. From June to August, armed groups forced dozens of health facilities to close temporarily in Laghman Province, north of Kabul, and in the western provinces of Farah and Badghis in an attempt to coerce nongovernmental organizations to improve service delivery for their combatants.

a. Freedom of Speech and Press

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

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 government 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.

Press and Media Freedom: Independent media were active and expressed a wide variety of views. Media were sometimes limited in their access to government information and often faced threats and violence from the internal conflict. Politicians, security officials, and others in positions of power at times threatened or harassed journalists because of their coverage. During a speech on April 30 to mark his return to the country, Gulbuddin Hekmatyar inspired protests when he publicly called the media “wicked” and told followers to censor the media.

Freedom of speech and an independent media were more constrained at the provincial level. Specific political and ethnic groups, including those led by former mujahedin leaders, owned many provincial media outlets and controlled the content. Some provinces had limited media presence.

Print media continued to publish independent magazines, newsletters, and newspapers. A wide range of editorials and dailies openly criticized the government. Still, there were concerns that violence and insecurity threatened media independence and safety. Due to high levels of illiteracy, most citizens preferred television and radio to print media. A greater percentage of the population, including those in distant provinces, had access to radio.

According to news reports, President Ghani issued a presidential decree on August 29 exempting media companies, except for television channels, from paying fines for past-due income taxes. The decree partially answered criticisms levied by press freedom groups the week prior that increased taxes and fines would hurt many independent media outlets.

Violence and Harassment: Government officials used threats, violence, and intimidation to attempt to silence opposition journalists, particularly those who spoke out about impunity, war crimes, corruption, and powerful local figures. According to Reporters Without Borders, the governor of Baghlan called a journalist and two other employees of privately owned Arezo TV into his office on May 25 to make them delete news footage. The Afghan Journalist Safety Committee (AJSC) reported 10 journalists killed in the first six months of the year. For the same period, the AJSC recorded 73 cases of violence against journalists, which included killing, beating, inflicting injury and humiliation, intimidation, and detention of journalists–a 35 percent increase from the first six months of 2016. Government-affiliated individuals or security forces committed most of the violence against journalists and were responsible for 34 instances of violence, leaving 39 instances attributable to the Taliban, ISIS-K, local warlords, and individuals. According to AJSC, the Eastern zone and Kabul zone, which include provinces north of Kabul, had the most cases of violence against journalists. The Southeastern zone had the least number of cases of violence against journalists.

On May 17, ISIS-K attacked the Afghanistan National Radio and Television compound in Jalalabad and killed seven persons. The May 31 bombing, widely attributed to the antigovernment Haqqani group, killed 31 employees of the Roshan television and news media telecommunications company and caused millions of dollars of damage to the company’s headquarters. The same attack killed at least one camera operator of Tolo News and one BBC driver, injured nine employees of other media outlets, and caused extensive damage to 1TV’s headquarters.

Security conditions created a dangerous environment for journalists, even when they were not specific targets. Media organizations and journalists operating in remote areas were more vulnerable to violence and intimidation because of increased levels of insecurity and threats from insurgents, warlords, and organized criminals. They also reported local governmental authorities were less cooperative in facilitating access to information.

In August 2016 the Office of the National Security Council approved a new set of guidelines to address cases of violence against journalists. 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 Attorney General’s Office, it did not increase protection for journalists.

In March a media advocacy group reported that many female journalists worked under pseudonyms to avoid recognition, harassment, and retaliation. According to the group, there were no female journalists in the provinces of Kunduz, Nuristan, or Panjsher because of insecurity.

Censorship or Content Restrictions: Some 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. An NGO supporting media freedom surveyed journalists in 13 provinces and found 90 percent lacked access to government information. A Kabul Press Club survey showed more than half of journalists were dissatisfied with the level of access to government information.

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.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 10.6 percent of the population had internet access, mostly in urban areas, in 2016.

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

On November 4, the government announced a temporary ban on two popular encrypted messaging applications–WhatsApp and Telegram–from November 1 to 20. On November 6, the government rescinded the ban.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year. Between June 2 and 12, hundreds of protesters, many from opposition political parties, installed tents and occupied major thoroughfares surrounding government buildings and foreign embassies in Kabul’s international zone to protest the government’s failure to stop the May 31 bombing. There were clashes between armed protesters and police.

FREEDOM OF ASSOCIATION

The constitution provides for the right to freedom of association, and the government generally respected it. The 2009 law on political parties obliges political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. In 2012 the Council of Ministers approved a regulation requiring political parties to open offices in at least 20 provinces within one year of registration. On September 14, President Ghani signed a decree prohibiting employees and officials of security and judicial institutions, specifically the Supreme Court, Attorney General’s Office, Ministry of Interior, Ministry of Defense, and National Directorate of Security, from political party membership while government employees. Noncompliant employees could be fired.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, 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.

In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The greatest barrier to movement in some parts of the country was the lack of security. Social custom limited women’s freedom of movement without male consent or a male chaperone.

INTERNALLY DISPLACED PERSONS (IDPS)

Internal population movements increased in 2016 because of armed conflict. During the year internal displacement statistics reached a record high, with approximately 661,000 persons displaced. Most IDPs left insecure rural areas and small towns seeking relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.

Limited humanitarian access caused delays in identifying, assessing, and providing timely assistance to IDPs. IDPs continued to lack access to basic protection, including personal and physical security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived in constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP camps reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.

PROTECTION OF REFUGEES

Access to Asylum: Laws do not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees from other countries.

Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on their territory, or assist in their voluntary return to their homes. Approximately 50,000 registered refugees and 174,000 undocumented Afghans voluntarily returned to the country during the year. The government established a Displacement and Returnees Executive Committee and a Policy Framework and Action Plan to promote the successful integration of returnees and IDPs.

STATELESS PERSONS

NGOs noted the lack of official birth registration for refugee children as a significant challenge and protection concern, due to the risk of statelessness and potential long-term disadvantage.

The constitution 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. Citizens exercised this ability in the 2014 presidential and provincial elections and the 2010 parliamentary elections. Violence from the Taliban and other antigovernment groups and widespread allegations of fraud and corruption interfered with, but did not derail, the 2014 presidential elections. The constitution mandates parliamentary elections every five years, but the 2015 elections were delayed because of the government’s inability to agree on needed electoral reforms. After repeated delays, on June 22, the Independent Election Commission (IEC) announced parliamentary and district council elections would take place on July 7, 2018. Members of parliament remained in office past the June 2015 expiration of their five-year terms by virtue of a presidential decree.

Elections and Political Participation

Recent Elections: According to the IEC, more than 6.8 million voters cast votes in the first round of the April 2014 presidential election. Although security incidents occurred throughout the country, they reportedly had only a modest impact on turnout, and there were no mass-casualty events. Of the eight presidential candidates who competed in the first round, former foreign minister Abdullah Abdullah and former finance minister Ashraf Ghani Ahmadzai received the most votes, 45 percent and 31.6 percent, respectively. During the June 2014 runoff election, allegations of fraud led to a dispute over the accuracy of the preliminary results announced by the IEC. Those results showed Ghani leading with 56.4 percent, compared with Abdullah’s 43.5 percent. Following a protracted standoff, the two candidates agreed to a 100 percent audit of the ballot boxes and committed to forming a Government of National Unity (GNU), with the runner-up assuming a newly created chief executive officer (CEO) position in the government. According to media reporting of leaked IEC data, the audit invalidated more than 850,000 fraudulent ballots of an estimated eight million. The IEC completed the election audit and named Ghani the winner in September 2014. In accordance with the GNU agreement, Ghani then created the CEO position by presidential decree and named Abdullah to the position. Ghani and Abdullah continued to serve in these positions during the year.

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

There were large geographic segments of the country where political parties could not operate due to insurgencies and instability. Political parties played a greater role in the 2014 presidential elections than in previous elections, and the organization, networks, and public support of the parties that supported Abdullah and Ghani contributed to their success as presidential candidates.

Participation of Women and Minorities: No laws limit participation of women or members of minority groups in the political process. The constitution specifies a minimum number of seats for women and minorities in the two houses of parliament. For the Wolesi Jirga (lower house of the National Assembly), the constitution mandates that at least two women shall be elected from each province (for a total of 68). In the 2010 parliamentary elections, more women won seats than the minimum outlined in the constitution. The constitution also mandates one-half of presidential appointees must be women. It also sets aside 10 seats in the Wolesi Jirga for members of the Kuchi minority (nomads). In the Meshrano Jirga (upper house of the National Assembly), the president’s appointees must include two Kuchis and two members with physical disabilities. In practice one seat in the Meshrano Jirga is reserved for the appointment of a Sikh or Hindu representative, although this is not mandated by the constitution.

Traditional societal practices continued to limit women’s participation in politics and activities outside the home and community, including the need to have a male escort or permission to work. These factors, in addition to an education and experience gap, likely contributed to the central government’s male-dominated composition. The 2013 electoral law reduced quotas for women on provincial councils from 25 percent to 20 percent and eliminated women’s quotas entirely for district and village councils. Neither district nor village councils had been established by year’s end.

Women active in government and politics continued to face threats and violence and were the targets of attacks by the Taliban and other insurgent groups. No laws prevent minorities from participating in political life, although different ethnic groups complained of unequal access to local government jobs in provinces where they were in the minority. Individuals from the majority Pashtun ethnic group had more seats than any other ethnic group in both houses of parliament, but they did not have more than 50 percent of the seats. There was no evidence specific societal groups were excluded. In past elections male family members could vote on behalf of the women in their families.

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

The Construction Sector Transparency Initiative Afghanistan reported that during the last 15 years, many government infrastructure projects did not go through proper legal mechanisms, but instead were based on favoritism. The organization estimated total embezzlement in the billions of dollars.

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. There were also reports that officials received unauthorized payments in exchange for reducing prison sentences, halting an investigation, or dismissing charges outright.

National-level survey data offered a mixed picture of corruption in the justice sector. The World Justice Project’s Rule of Law survey found moderate improvements in perceptions of government accountability. Nonetheless, experts polled for the report cited corrupt prosecutors as the biggest problem in criminal investigative services and corruption as the largest problem in criminal courts. Respondents to the poll increasingly believed that high-ranking government officials would be investigated for embezzlement, but they also named judges, magistrates, parliamentarians, and local government officials as most likely to be involved in corrupt practices. Respondents also reported widespread bribe taking by government officials and agencies, police, and hospitals.

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 then were caught up in criminal prosecutions. 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: In June 2016 the president signed a decree establishing an independent Anti-Corruption Justice Center (ACJC) with responsibility for prosecuting high-level corruption cases. Since the ACJC’s inauguration in August 2016, it tried 21 single- and multi-defendant cases against 83 defendants, handing just under 47 billion Afghani ($67 million) in fines, recoveries, and asset seizure judgements in addition to lengthy prison sentences for those convicted. The court acquitted 11 defendants, providing initial evidence that the cases that ACJC prosecutors were sound but that the new court was a forum where a vigorous defense could lead to a speedy acquittal for the accused if the evidence was weak. Media and public observers attended the proceedings and reported the trials were procedurally fair, orderly, and professional. On March 26, the ACJC convicted four ministry of housing and urban development officials on charges of misuse of authority and embezzling more than $12.8 million. On appeal the court upheld the 20-year prison sentences on June 20 for the two ringleaders in the scheme, and the seven-year sentences for their two accomplices, but adjusted the financial penalties imposed. Ultimately, the group was ordered to pay $32.1 million in restitution and penalties. On August 15, the ACJC sentenced the chairman of Dawi Oil Company, Abdul Ghafar Dawi, to five years and nine months in prison and a $21 million fine for embezzlement of $16 million from the Kabul Bank.

According to various reports, many government positions, up to district or provincial governorships, could be suborned. Governors with reported involvement in corruption, the drug trade, or records of human rights violations reportedly continued to receive executive appointments and served with relative impunity.

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.

Financial Disclosure: The High Office of Oversight is responsible for collecting, verifying, and publishing information from senior government officials on all sources and levels of personal income when they assume and leave office. While collection and publication occurred, some officials failed to submit the required reports, and there was only limited progress on the verification of such declarations by independent experts. The absence of legal penalties for omissions or misrepresentations tended to undermine this key tool for identifying wrongdoing.

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.

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. Three Wolesi Jirga committees deal with human rights: the Gender, Civil Society, and Human Rights Committee; the Counternarcotics, 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.

Women

Rape and Domestic Violence: The EVAW law criminalizes 22 acts of violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. The law provides for a sentence of 16 to 20 years’ imprisonment for rape. If the act results in the death of the victim, the law provides for a death sentence for the perpetrator. The law provides for imprisonment of up to seven years for the “violation of chastity of a woman…that does not result in adultery (such as sexual touching).” Under the law rape does not include spousal rape. Authorities did not always fully enforce the EVAW law.

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

Forced virginity testing remained legal, and police, prosecutors, and judges continued to order virginity tests in cases of “moral crimes” such as zina. Women who sought assistance in cases of rape were often subject to virginity tests. The new penal code, signed into law by presidential decree on March 4 and scheduled to take effect in February 2018, contains language criminalizing virginity tests performed without the consent of the woman and a court order.

The penal code criminalizes assault, and courts convicted domestic abusers under this provision, as well as under the beating provision in the law. According to NGO reports, hundreds of thousands of women continued to suffer abuse at the hands of their husbands, fathers, brothers, in-laws, armed individuals, parallel legal systems, and institutions of state, such as the police and justice systems.

The justice system’s response to domestic violence was limited, in part due to low reporting, sympathy toward perpetrators, and bribery, family, or tribal pressure.

Space at the 29 women’s protection centers across the country was sometimes insufficient, particularly in major urban centers, and shelters remained concentrated in the western, northern, and central regions of the country. Most women did not seek legal assistance for domestic or sexual abuse because they did not know their rights or because they feared prosecution or being sent back to their family or the perpetrator.

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

Other Harmful Traditional Practices: The law criminalizes forced, underage, and “baad” marriages (the practice of settling disputes in which the culprit’s family trades a girl to the victim’s family) and interference with a woman’s right to choose her spouse.

Under the penal code, if a man convicted of honor killing sees his wife or other close relation in the act of committing adultery and immediately kills or injures one or both parties to defend his honor, he cannot receive a prison sentence of more than two years. On March 7, the Taliban convicted and stoned to death a woman accused of adultery in Badakhshan Province.

Sexual Harassment: The law criminalizes harassment and persecution ofwomen. Women who walked outside alone or who worked outside the home often experienced harassment, including groping and being followed. Women with public roles occasionally received threats directed at them or their families.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

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

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

The law provides for equal work without discrimination, but there are no provisions for equal pay for equal work. The law criminalizes interference with a woman’s right to work. Women faced discrimination in access to employment and terms of occupationOverall, 22 percent of civil servants and 5 percent of security forces were female, including 3,000 female police and 1,400 female soldiers.

Children

Birth Registration: A citizen father transmits citizenship to his child. Birth in the country or to a citizen mother alone does not transfer citizenship. Adoption is not legally recognized. For more information, see data.unicef.org .

Education: Education is mandatory up to the lower secondary level (six years for primary school and three years for lower secondary), and the law provides for free education up to and including the college level. Many children, however, did not attend school.

Key obstacles to girls’ education included poverty, early and forced marriage, insecurity, lack of family support, lack of female teachers, and a lack of nearby schools. An October 2017 Human Rights Watch report observed that the government provided fewer schools for girls than boys and that the lack of basic provisions in many schools for security, privacy, and hygiene, including boundary walls, toilets, and water, also disproportionately affected girls.

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

Child Abuse: Police reportedly beat and sexually abused children. NGOs reported a predominantly punitive and retributive approach to juvenile justice throughout the country. Although it is against the law, corporal punishment in schools, rehabilitation centers, and other public institutions remained common.

There were reports that some members of the security forces, including members of the Afghan security forces, and progovernment groups sexually abused and exploited young girls and boys. On January 22, in Paktika Province, Afghan National Border Police reportedly sexually abused a 13-year-old boy at their check-post before shooting him. According to UNAMA, the perpetrators were serving six-year prison sentences for murder after being investigated and prosecuted by the Afghan National Police prosecution unit. There were multiple reports of “bacha bazi,” a practice in which men exploit boys for social and sexual entertainment. On March 20, a Tajik police commander in Faryab Province reportedly killed the son of another police commander, an Uzbek, for hosting a bacha bazi party with Tajik boys.

The government took steps to discourage the abuse of boys and to prosecute or punish those involved. On February 22, President Ghani signed a Law to Combat Crimes of Trafficking in Persons and Smuggling of Migrants, which includes legal provisions criminalizing behaviors associated with the sexual exploitation of children. The law criminalizes the various acts associated with bacha bazi, including not only sexual exploitation of a minor, but also forced dancing, and prescribes punishments ranging from eight to 12 years.

Early and Forced Marriage: Despite a law setting the legal minimum age for marriage at 16 for girls (15 with the consent of a parent or guardian and the court) and 18 for boys, international and local observers continued to report widespread early marriage. Under the EVAW law, those who arrange forced or underage marriages are subject to imprisonment for not less than two years, but implementation of the law was limited. During the year the government launched a five-year National Action Plan to Eliminate Early and Child Marriage.

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

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

Sexual Exploitation of Children: Although pornography is a crime, child pornography is not specified in the law. Exploitation of children for sexual purposes, often associated with bacha bazi, was widespread, although some aspects of this practice are separate crimes under the penal code.

Child Soldiers: In February 2016 the Law on Prohibition of Children’s Recruitment in the Military became effective. There were reports the ANDSF and progovernment militias recruited and used children in a limited number of cases, and the Taliban and other antigovernment elements recruited children for military purposes (see section 1.g.). Media reported that local progovernment commanders recruited children under 16 years of age. The Taliban and other antigovernment groups regularly recruited and trained children to conduct attacks.

Displaced Children: Returnee families and their children overwhelmed border areas, specifically Herat and Jalalabad. Although the government banned street begging in 2008, NGOs and government offices reported large numbers of children begging and living in the streets of major cities.

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

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The Law on the Rights and Benefits of Disabled Persons provides for equal rights to, and the active participation of, such persons in society.

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

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

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

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

National/Racial/Ethnic Minorities

Ethnic tensions between various groups continued to result in conflict and killings. Societal discrimination against Shia Hazaras continued along class, race, and religious lines in the form of extortion of money through illegal taxation, forced recruitment and forced labor, physical abuse, and detention. According to NGOs, the government frequently assigned Hazara ANP officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country. During the year there was a marked rise in violence, principally carried out by ISIS-K, against the Hazara community. In August ISIS-K attacked Shia Hazara mosques in Herat and then Kabul, killing more than 100 persons. There were six major attacks on Shia mosques or Shia communities during the first half of the year, all attributed to ISIS-K.

Sikhs and Hindus faced discrimination, reporting unequal access to government jobs and harassment in school, as well as verbal and physical abuse in public places. According to the Sikh and Hindu Council of Afghanistan, there were approximately 900 members of the Sikh and Hindu community in the country.

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

The law criminalizes consensual same-sex sexual conduct, and there were reports of harassment and violence by society and police. The law does not prohibit discrimination or harassment based on sexual orientation or gender identity. Homosexuality was widely seen as taboo and indecent. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community did not have access to certain health services and could be fired from their jobs because of their sexual orientation. Organizations devoted to protecting the freedom of LGBTI persons remained underground because they could not legally register with the government. Members of the LGBTI community reported they continued to face discrimination, assault, rape, and arrest by security forces and society at large.

HIV and AIDS Social Stigma

There were no confirmed reports of discrimination or violence against persons with HIV/AIDS, but there was reportedly serious societal stigma against persons with AIDS.

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, Social Affairs, Martyrs, and Disabled’s 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 without interference or political influence. Freedom of association and the right to bargain collectively were generally 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 prohibits all forms of forced or compulsory labor. The law prescribes penalties, including a “maximum term” of imprisonment for forced labor (between eight and 15 years). Article 515 of the penal code also could be interpreted to criminalize a “foreign party’s” coercive labor practices through fraud or deceit, with a penalty of five to 15 years’ imprisonment.

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.

Forced labor occurred. Men, women, and children were forced into poppy cultivation, domestic work, carpet weaving, brick kiln work, organized begging, and drug trafficking. NGO reports documented the practice of bonded labor, whereby customs allow families to force men, women, and children to work as a means to pay off debt or to settle grievances. The debt can continue from generation to generation, with children forced to work to pay off their parents’ debt (see section 7.c.). Labor violations against migrant workers were common, especially the widespread practice of bonded labor in brick kiln facilities.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The labor law sets the minimum age for employment at 18 but permits 14-year-olds to work as apprentices, allows children who are 15 and older to do “light work,” and permits children 16 and 17 to work up to 35 hours per week. The law prohibits children under age 14 from working under any circumstances. The law also bans the employment of children in work likely to threaten their health or cause disability, including mining, begging, 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.

The government lacked a specific policy on implementing the law’s provisions on child labor. Poor institutional capacity was a serious impediment to effective enforcement of the labor law. Deficiencies included inadequate resources, inspections, remediation, and penalties for violations, and the government made minimal efforts to prevent child labor or remove children from exploitative labor conditions. Reports estimated that fewer than 10 percent of children had formal birth registrations, which further limited authorities’ already weak capacity to enforce laws on the minimum age of employment.

Child labor remained a pervasive problem. The Ministry of Labor declined to estimate the number of working children, citing a lack of data and deficiencies in birth registrations. 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 (especially family-owned gem mines), commercial sexual exploitation (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, and there were reports of sexual abuse of children by adult workers. There were reports of recruitment of juveniles 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 travel.state.gov/content/childabduction/en/legal/compliance.html.

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. According to the 2016 Asia Foundation survey, 74 percent of the population agreed that women should be allowed to work outside the home; nonetheless, only 9.4 percent of women in the survey said they were involved in any activity that involved making money. 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.

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 for permanent government workers was 6,000 Afghanis ($103) per month. There was no minimum wage for permanent workers in the private sector, but the minimum wage for workers in the nonpermanent private sector was 5,500 Afghanis ($95) per month. According to the Central Statistics Organization, 36 percent of the population earned wages below the poverty line of 1,150 Afghanis ($20) per month.

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 youth, 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 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. The labor ministry had only 18 inspectors for 34 provinces, and the 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 that endangered their health or safety.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such actions, police and prison guards sometimes beat and abused suspects and prisoners. Through September the Service for Internal Affairs and Complaints received complaints of police abuse and corruption that led to both administrative sanctions and criminal prosecutions. As of July, the Albanian Helsinki Committee (AHC) reported one case of alleged physical violence in a police facility.

The ombudsman reported that most cases of alleged physical or psychological abuse occurred during arrest and interrogation. Through August, the ombudsman received 104 complaints from detainees. The majority of complaints concerned the quality of health care. The ombudsman did not refer any case for prosecution.

Prison and Detention Center Conditions

Poor physical conditions and a lack of medical treatment, particularly for mental health issues, were serious problems, as were overcrowded facilities and corruption. The AHC and the ombudsman reported that conditions in certain detention facilities were so poor as to constitute inhuman treatment. Conditions remained substandard in police detention facilities outside of Tirana and other major urban centers.

Physical Conditions: The government, the ombudsman, and the AHC reported prison overcrowding continued and that the prison population was 3-5 percent greater than the design capacity of prison facilities. Overcrowding was worse in pretrial detention centers. Conditions in prison and detention centers for women were generally better than those for men.

The majority of the 104 complaints received by the ombudsman from prisoners through August dealt with the quality of health services. Prisoners also complained about access to special leave programs, delays in the implementation of prison transfer orders, and undesirable transfers to other prisons. The AHC also reported numerous complaints about the quality of health services and transfer/nontransfer between detention facilities. In some cases, prison officials placed inmates not subject to disciplinary measures in isolation cells due to a lack of space among the general prison population. The ombudsman and nongovernmental organizations (NGOs) reported that authorities held inmates with mental disabilities in regular prisons, where access to mental health care was wholly inadequate.

Prison and detention center conditions varied significantly by age and type of facility. The ombudsman, the AHC, and the Albanian Rehabilitation Center from Trauma and Torture identified problems in both new and old structures, such as dampness in cells, poor hygiene, lack of bedding materials, and inconsistent water and electricity supply.

Conditions in facilities operated by the Ministry of Interior, such as police stations and temporary detention facilities, were inadequate, except for regional facilities in Tirana, Gjirokaster, Kukes, Fier, and Korca. Some detention facilities were unheated during the winter, and some lacked basic hygienic amenities, such as showers or sinks. Facilities were cramped, afforded limited access to toilets, and had little or no ventilation, natural light, or beds and benches. Camera monitoring systems were nonexistent or insufficient in the majority of police stations.

Administration: The Ministry of Justice managed the country’s prisons. The ombudsman reported prison and police officials generally cooperated with investigations. NGOs and the ombudsman noted inadequate recordkeeping in some institutions, particularly in small or rural police stations.

Corruption continued to be a serious problem in detention centers, particularly in connection with access to work and special release programs. NGOs reported that those involved in work programs received only 90 leks (about $0.80) per month and did not receive credit for social security. In July 2016 the deputy general director of prisons, Iljaz Labi, was arrested for his involvement in creating fake procurement documents for food-supply companies. In February police arrested on similar corruption charges former general director of prisons, Artur Zoto, who had voluntarily resigned a few days after Labi’s arrest. During the year several other senior prison staff were arrested and convicted for supplying drugs to prisoners or demanding payment for access to family visits.

The majority of prison directors in the country were fired during the year on grounds of corruption, abuse of office, and other violations of the law.

Independent Monitoring: The government allowed local and international human rights groups, the media, as well as international bodies such as the Council of Europe’s Committee for the Prevention of Torture to monitor prison conditions. The ombudsman conducted frequent unannounced inspections of detention facilities.

Improvements: The General Directorate of Prisons indicated that by July overall prison overcrowding had been reduced from 9 percent in 2016 to 3 percent. Both the ombudsman and NGOs reported a decrease in cases of physical and psychological abuse from the previous year.

d. Arbitrary Arrest or Detention

The law and constitution prohibit arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior oversees the Guard of the Republic and the State Police, which include the Border and Migration Police. The State Police are primarily responsible for internal security. The Guard of the Republic protects senior state officials, foreign dignitaries, and certain state properties. The Ministry of Defense oversees the armed forces, which also assist the population in times of humanitarian need. The State Intelligence Service (SIS) gathers information, carries out foreign intelligence and counterintelligence activities, and is responsible to the prime minister.

Civilian authorities generally maintained effective control over police, the Guard of the Republic, the armed forces, and the SIS, although officials periodically used state resources for personal gain and members of the security forces committed abuses.

Police did not always enforce the law equitably. Personal associations, political or criminal connections, poor infrastructure, lack of equipment, or inadequate supervision often influenced law enforcement. Poor leadership and a lack of diversity in the workforce contributed to continued corruption and unprofessional behavior. Authorities continued to made efforts to address these problems by renovating police facilities, upgrading vehicles, and publicly highlighting anticorruption measures.

Impunity remained a serious problem, although the government made greater efforts to address it, in particular by increasing the use of camera evidence to document and prosecute police misconduct.

While the government had mechanisms to investigate and punish abuse and corruption, police corruption remained a problem. The Service for Internal Affairs and Complaints received 3,811 telephone complaints via the anticorruption “green line” through July 31. The majority of the complaints involved “inaction of police officers,” “unjust fine/ticket,” or “violation of standard operating procedures.” The office filed 43 administrative violations, recommending 57 police officers for disciplinary proceedings. The cases of five officers were forwarded to the Prosecution Office. During the year the ombudsman also processed complaints against police officers, mainly concerning problems with arrests and detention.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires that, except for arrests made during the commission of a crime, police may arrest a suspect on criminal grounds only with a warrant issued by a judge and based on sufficient evidence. There were no reports of secret arrests. By law police must immediately inform the prosecutor of an arrest. The prosecutor may release the suspect or petition the court within 48 hours to hold the individual further. A court must decide within 48 hours whether to place a suspect in detention, require bail, prohibit travel, or require the defendant to report regularly to police. Prosecutors requested, and courts ordered, detention in many criminal cases, although courts sometimes denied prosecutors’ requests for detention of well-connected, high-profile defendants.

The constitution requires authorities to inform detained persons immediately of the charges against them and their rights. Law enforcement authorities did not always respect this requirement. Amendments to the Criminal Procedure Code (CPC) that entered into force on August 1 imposed additional obligations on law enforcement regarding the rights of defendants and detained persons. The same amendments established a new system for handling the monetary aspect of bail. Courts often ordered suspects to report to police or prosecutors on a weekly basis. While the law gives detainees the right to prompt access to an attorney, at public expense if necessary, NGOs reported interrogations often took place without the presence of a lawyer. Authorities placed many suspects under house arrest, often at their own request, because if convicted they received credit for time served.

By law police should transfer detainees to the custody of the Ministry of Justice, which has facilities more appropriate for long-term detention, if their custody will exceed 10 hours. Due to overcrowding in the penitentiary system, detainees, including juveniles, commonly remained in police detention centers for long periods.

Arbitrary Arrest: The constitution and law prohibit arbitrary arrest and detention. Although the government generally observed these prohibitions, there were instances when police detained persons for questioning for inordinate lengths of time without formally arresting them.

Pretrial Detention: While the law requires completion of most pretrial investigations within three months, a prosecutor may extend this period to two years or longer. The law provides that pretrial detention should not exceed three years; the government reported five cases of pretrial detentions exceeding this limit. Extended pretrial detention often occurred due to delayed investigations, defense mistakes, or the intentional failure of defense counsel to appear. The amendments to the CPC that entered into force during the year included provisions intended to put an end to the existing inability of judges to prevent such delaying actions by holding the offending attorney in contempt of court. Limited material resources, lack of space, poor court-calendar management, insufficient staff, and failure of attorneys and witnesses to appear prevented the court system from adjudicating cases in a timely fashion. As of September, 44 percent of the prison and detention center population was in pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The CPC requires that the court examine the necessity of a detention within three days. If the detention is not revoked, the detainee may appeal up to the Supreme Court. If no decision is made within a prescribed period, the detention becomes void. The CPC also requires the prosecutor to provide the court bi-monthly updates regarding information obtained following detention. A judge may revoke detention based on new information.

e. Denial of Fair Public Trial

Although the constitution provides for an independent judiciary, political pressure, intimidation, widespread corruption, and limited resources sometimes prevented the judiciary from functioning independently and efficiently. Court hearings were often not open to the public. Court security officers frequently refused to admit observers to hearings and routinely telephoned the presiding judge to ask whether to admit an individual seeking to attend a particular hearing. Some agencies exhibited a pattern of disregard for court orders. The politicization of appointments to the Supreme Court and Constitutional Court threatened to undermine the independence and integrity of these institutions. As of October there were 10 vacancies on the Supreme Court, which faced a considerable backlog of cases.

The Ministry of Justice generally did not vigorously pursue disciplinary measures against judges. When it did so, the High Council of Justice (HCJ) was reluctant to enact those measures. During 2016 the Ministry of Justice initiated disciplinary proceedings against nine judges. During the same year, the HCJ dismissed one judge after she was convicted of corruption and transferred another to a different court. During the year the Ministry of Justice did not pursue disciplinary actions against judges due to the entry into force of new legislation on justice organization, and the HCJ did not rule on any pending requests. The HCJ ordered the suspension of a trial court judge following a decision of the First Instance (i.e., Trial) Court for Serious Crimes. The case was pending at year’s end.

TRIAL PROCEDURES

The law presumes defendants to be innocent until convicted. It provides for defendants to be informed promptly and in detail of the charges against them, with free interpretation as necessary, and to have a fair and public trial without undue delay. Defendants have the right to be present at their trial, consult an attorney and have one provided at public expense if they cannot afford one. The law provides defendants adequate time and facilities to prepare a defense and access to interpretation free of charge. Defendants have the right to confront witnesses against them and to present witnesses and evidence in their defense. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal. The government generally respected these rights, although trials were not always public and access to a lawyer was at times problematic. Following the entry into force of amendments to the CPC, the prosecutor has to apply before a preliminary hearing judge to send the case to trial. This reform was intended to be a further guarantee for the rights of defendants and their access to the evidence against them.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

While individuals and organizations may seek civil remedies for human rights violations, courts were susceptible to corruption, inefficiency, intimidation, and political tampering. Judges held many court hearings in their offices, demonstrating a lack of professionalism and providing opportunities for corruption. These factors undermined the judiciary’s authority, contributed to controversial court decisions, and led to an inconsistent application of civil law. Despite the statutory right to free legal aid in civil cases, NGOs reported that very few individuals benefitted from this during the year.

Persons who have exhausted remedies in domestic courts could appeal to the European Court of Human Rights (ECHR). In many instances authorities did not enforce ECHR rulings, especially those concerning the right to a fair trial.

Persons who were political prisoners under the former communist regime continued to petition the government for compensation. On several occasions groups of former political prisoners protested the government’s failure to pay them legally mandated compensation. The government made some progress on disbursing compensation during the year. By June the government had paid the eighth and final compensation installment to the former political prisoners who were still alive. The government also agreed to include 320 former political prisoners who had not submitted their papers in time to benefit from the compensation.

PROPERTY RESTITUTION

Thousands of claims for private and religious property confiscated during the communist era remained unresolved with the government’s Agency for Property Treatment. The ombudsman reported that to date the government had not yet executed 26,000 court rulings nor reviewed 11,000 claims dealing with property rights. Claimants may appeal cases to the ECHR, and during the year hundreds of cases–many of them related to property–were pending ECHR review.

Albania endorsed the Terezin Declaration in 2009 and the Guidelines and Best Practices in 2010. Albania does not have any restitution or compensation laws relating to Holocaust-era confiscations of private property. Under the law, religious communities have the same restitution and compensation rights as natural or legal persons. Since becoming a signatory to the Terezin Declaration in 2009, Albania has not passed any laws dealing with restitution of heirless property. The government reported no property claims had been submitted by victims of the Holocaust.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The government’s National Inspectorate for the Protection of the Territory (NIPT) demolished some homes without due legal process as part of a wider campaign to demolish illegally constructed buildings. Through July the ombudsman received seven citizen complaints against the local inspectorates and three against the NIPT, including for failure to provide sufficient warning in writing, failure to consider a homeowner’s application for legalization of a property, and lack of transparency.

Throughout the year, residents of the Himara region continued to complain of targeted heavy-handedness by the government that resulted in the partial or complete demolition of numerous houses and businesses with little warning and no legal recourse for adequate compensation. In October the government demolished several uninhabited structures in Himara as it implemented an urban development plan about which residents complained they had not been adequately consulted by municipal authorities. The demolition of a further 12 structures was halted because residents filed a court case against the authorities. Municipal authorities defended the demolitions as necessary for commercial development.

a. Freedom of Speech and Press

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

Press and Media Freedom: Independent media were active and expressed a wide variety of viewpoints, although there were some efforts to exert direct and indirect political and economic pressure on the media, including threats and violence against journalists who tried to investigate crime and corruption stories. Political pressure, corruption, and lack of funding constrained the independent print media, and journalists reportedly practiced self-censorship. Lack of economic security reduced reporters’ independence and contributed to bias in reporting. The Albanian Journalists Union continued to report significant delays in salary payments to reporters at most media outlets. Financial problems led some journalists to rely more heavily on outside sources of income.

While dramatic growth in online media during the year added to the diversity of views, NGOs maintained that professional ethics were a low priority for such outlets, raising concerns over the spread of false news stories that benefited specific financial or political interests.

In its annual Media Sustainability Index, the International Research and Exchanges Board indicated that the county’s media environment deteriorated in several areas. Donor funding for organizations that pushed for a more independent press remained limited, and the press was vulnerable to misuse under constant political and economic pressure. According to the report, very few media outlets produced independent reports about organized crime because their journalists lacked financial and editorial independence.

The independence of the Audiovisual Media Authority, the regulator of the broadcast media market, remained questionable, and the role of the authority remained limited. Most owners of private television stations used the content of their broadcasts to influence government action toward their other businesses. Business owners also freely used media outlets to gain favor and promote their interests with political parties.

Violence and Harassment: There were reports of violence and intimidation against members of the media, and political and business interests subjected journalists to pressure.

In May 2016 the Union of Albanian Journalists denounced the severe beating of sports journalist Eduard Ilnica, allegedly for reporting on the violent behavior of a coach during a soccer match. Authorities arrested the coach, who in February was convicted of assault by both the district court and appellate court but released for time served in pretrial detention.

On March 8, two unidentified persons attacked Elvi Fundo, a journalist and owner of the news portal citynews.al, with iron bars, causing serious injuries. Police investigated the attack but as of September had not identified the perpetrators. According to Fundo, his portal’s stories accusing other media owners of drug trafficking and some police of corruption were possible reasons for the attack.

Censorship or Content Restrictions: Journalists often practiced self-censorship to avoid violence and harassment and as a response to pressure from publishers and editors seeking to advance their political and economic interests. A 2015 survey by the Balkan Investigative Reporting Network (BIRN) Albania found that large commercial companies and important advertisers were key sources of pressure.

Libel/Slander Laws: The law permits private parties to file criminal charges and obtain financial compensation for insult or deliberate publication of defamatory information. NGOs reported that the fines, which could be as much as three million leks ($26,000), were excessive and, combined with the entry of a conviction into the defendant’s criminal record, undermined freedom of expression.

On June 9, a member of the High Council of Justice, Gjin Gjoni, filed defamation lawsuits against two BIRN journalists and two journalists of the daily Shqiptarja.com for their coverage of his asset declaration, which was being investigated by prosecutors. Gjoni was seeking seven million leks ($61,000) from BIRN and four million leks ($35,000) from Shqiptarja.com, claiming the stories damaged his reputation.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. According to March data from Internet World Stats, approximately 67 percent of the population used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom 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 www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Police allowed UNHCR to monitor the processing, detention, and deportation of some migrants.

Abuse of Migrants, Refugees, and Stateless Persons: UNHCR reported a few cases of police intimidation and reluctance to accept requests for asylum. On two occasions, in November 2016 and June, border authorities used force against groups of migrants who refused to be returned to Greece. Following the 2016 incident, one injured migrant was hospitalized and UNHCR filed a complaint with the border authorities.

Authorities often detained irregular migrants who entered the country. As of November authorities had detained approximately 744 migrants, mostly at the country’s southern border with Greece; those who did not request asylum were generally deported to Greece within 24 hours. Migrants detained further inland could spend several weeks at the Karrec closed migrant detention facility awaiting deportation. As of November the government reported four persons detained in the Karrec facility.

UNHCR reported that approximately 30 percent of migrants requested asylum. Some NGOs and UNHCR maintained that some migrants who requested asylum were deported as well. UNHCR made formal complaints to the government, but authorities were generally slow to address them. UNHCR reported that conditions at the Karrec center were unsuitable, particularly for children. As of September the government had referred fewer migrants to Karrec than in 2016, and only one minor–a 17-year-old boy travelling in a group–spent time there.

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

PROTECTION OF REFUGEES

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.

There were credible reports from NGOs and migrants and asylum seekers that authorities did not follow due process obligations for some asylum seekers and that in other cases those seeking asylum did not have access to the system. Through November some 744 migrants–mostly Algerians, Syrians, and Libyans–entered the country, mostly via the country’s southern border with Greece. Of these, 128 requested asylum. Authorities returned those who did not request asylum to Greece, some immediately but others after weeks of detention in inadequate facilities. UNHCR was critical of the government’s migrant screening and detention procedures, particularly in view of the increased presence of children among migrants.

The law on asylum requires authorities to grant or deny asylum within 51 days of an applicant’s initial request. Under the law asylum seekers cannot face criminal charges of illegal entry if they contact authorities within 10 days of their arrival in the country. UNHCR reported that the asylum system lacked effective monitoring. In March authorities returned an Algerian woman to Greece although she had requested asylum; authorities also returned an unaccompanied Pakistani minor with no special consideration for his age. UNHCR expressed concern with the government’s mechanism for appeals of refused asylum requests since the appellate body generally lacked expertise and tended to uphold initial decisions without considering the merits of a case.

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

Employment: The law permits refugees access to work. The limited issuance of refugee identification cards and work permits, however, meant few refugees actually worked.

Access to Basic Services: The law provides migrants, asylum seekers, and refugees access to public services, including education, health care, housing, law enforcement, courts/judicial procedures, and legal assistance. Migrants and asylum seekers often required the intervention of UNHCR or local NGOs to secure these services.

Durable Solutions: In September 2016 the government completed the process of receiving Iranian Mujahideen-e Khalq refugees from Iraq and continued to facilitate their local integration throughout the year.

Temporary Protection: The government also provided subsidiary and temporary protection to individuals who may not qualify as refugees. As of September the government had granted subsidiary protection to two persons during the year.

STATELESS PERSONS

The government had no updated information regarding the total number of persons at risk of statelessness. Using data from the cases that were resolved from 2011 to 2016 with the support of the NGO Tirana Legal Aid Society, UNHCR estimated the number to be 4,871, down from the 7,443 persons who declared themselves as unregistered during the 2011 census. Most of these were Romani or Balkan-Egyptian children. The risk of statelessness continued to exist for unregistered children born abroad to returning migrant families, although the law affords the opportunity to obtain nationality.

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

Elections and Political Participation

Recent Elections: The most recent national parliamentary elections took place on June 25. The OSCE observer mission to the elections reported, “contestants were able to campaign freely and fundamental freedoms were respected.” The OSCE further noted, “Continued politicization of election-related bodies and institutions as well as widespread allegations of vote buying and pressure on voters detracted from public trust in the electoral process.” Regarding voting itself, the OSCE mission noted “an overall orderly election day” but found that “important procedures were not fully respected in a considerable number of voting centers observed.”

Participation of Women and Minorities: No laws limit the participation of women and/or members of minorities in the political process, and they did participate. As a result of the June 25 elections, the participation of women in government increased to a record 29 percent of female Assembly members and 47 percent female ministers. The law governing the Assembly election requires that 30 percent of candidates be women and that they occupy 30 percent of appointed and elected positions. According to the OSCE preliminary report on the elections, however, the largest parties did not always respect the mandated 30 percent quota in their candidate lists. The Central Election Commission fined these parties but nonetheless accepted their lists.

Members of national minorities stood as candidates in both minority and mainstream parties, and campaigning in both Greek and Macedonian languages was observed without incident. Nevertheless, observers reported that Roma remained vulnerable to vote buying. As of September there were no Romani ministers or members of the Assembly.

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

During the year authorities took additional steps to combat corruption. Starting in February, members of the International Monitoring Operation, composed of international judicial experts, began assisting the government in the establishment of new anticorruption institutions, and by July the Assembly had nominated all members of trial and appellate court vetting commissions, as well as the public commissioners. On October 30, the vetting commissions publicly announced the start of their work.

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

Corruption: Corruption was pervasive in all branches of government. Between January and August, the prosecutor general’s office registered 185 new corruption investigations. During the same period, 122 persons went to trial for corruption offenses and 99 were convicted. Through August, 17,752 complaints had been submitted through the online portal stopkorruption.al, approximately 8 percent of which contained information on alleged corrupt practices. In October prosecutors announced an investigation of a former interior minister for ties to organized crime and abuse of office.

While prosecutors made significant progress in pursuing low-level public corruption cases, including corrupt prosecutors and judges, prosecution of higher-level crimes remained elusive due to investigators’ fear of retribution, a general lack of resources, and corruption within the judiciary itself. During the 2016-17 period, the First Instance (i.e., trial) Court for Serious Crimes convicted three judges, two prosecutors, and one high-level official of corruption. The mayor of Dibra municipality, Shukri Xhelili, was sentenced to two years and eight months in prison after the broadcast of a video in which he appeared to solicit sexual favors from a woman in exchange for a job. In May the Appellate Court for Serious Crimes changed the decision, convicting Xhelili of sexual relations in abuse of official duty and reducing his sentence by one year.

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

As of August HIDAACI had fined 426 individuals for not disclosing their assets, conflicts of interest, or violating the law on whistleblower protection. HIDAACI reported that by August it had referred 31 new cases for prosecution that involved six Assembly members, one deputy minister, one mayor, six tax inspectors, six customs officials, and 11 other government officials on charges including refusing to declare, hiding, or falsifying asset declarations, money laundering, falsification of documents, and corruption.

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

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

The Assembly has a committee on legal issues, public administration, and human rights, which reviews the annual report of the ombudsman’s office. The committee was engaged and effective in legislative matters.

Women

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

Domestic violence against women remained a serious problem. Police often did not have the training or capacity to deal effectively with domestic violence cases. The government operated three shelters to protect survivors of domestic violence, and NGOs operated six others

Sexual Harassment: The law prohibits sexual harassment, although officials rarely enforced it. The commissioner for protection against discrimination generally handled cases of sexual harassment and may impose fines of up to 80,000 leks ($700) against individuals or 600,000 leks ($5,300) against enterprises.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

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

Gender-biased Sex Selection: According to the government’s statistical agency, the ratio of boys to girls at birth in 2016 was 107 to 100, which indicated that gender-biased sex selection was possibly occurring. The government did not take any steps to address the imbalance.

Children

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

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

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

Child Abuse: Observers believed that child abuse was increasing, especially in schools. Services for victims of abuse were not readily available.

Child protection units in municipalities reported 104 cases of physical violence against children in 2016.

Early and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities. According to data released by the Albanian Institute of Statistics, the number of early marriages (under the age of 19) decreased significantly in 2016 from 2015.

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

Authorities generally enforced laws against the rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that, as of July, six children had been sexually exploited, but there were no cases involving pornography. A total of 39 child victims of trafficking and potential victims of trafficking were identified through October.

Displaced Children: There continued to be numerous displaced and street children, particularly in the Romani community. Street children begged or did petty work. These children were at highest risk of trafficking, and some became trafficking victims. Since the law prohibits the prosecution of children under age 14 for burglary, criminal gangs at times used displaced children to burglarize homes.

The State Agency for the Protection of Children’s Rights reported that by June, authorities had assisted 441 children in a street situation. Some 64 children were referred to shelters while 15 were referred to prosecutors for having been mistreated.

Institutionalized Children: The migrant detention facility in Karrec was considered unsuitable for children. The government made efforts to avoid sending children there.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There were reportedly only a few hundred Jews living in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. Nevertheless, employers, schools, health-care providers, and providers of other state services at times engaged in discrimination. The law mandates that new public buildings be accessible to persons with disabilities, but the government only sporadically enforced the law. During the year the government adapted the premises of eight schools to accommodate persons with disabilities and eight others were in progress.

The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies traditionally lacked funding to implement their programs. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were located in facilities lacking accommodations for such persons.

The government opened two new development centers for persons with disabilities in Pogradec and Bulqiza, supported by the UN Development Program, and three day-care centers for children with disabilities in Pogradec, Saranda, and Bulqiza.

The ombudsman regularly inspected mental health institutions. Both the admission and release of patients at mental health institutions were problematic due to inadequate psychiatric evaluations. There was societal discrimination and stigmatization of persons with mental and other forms of disability.

National/Racial/Ethnic Minorities

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

Romani rights NGOs criticized the Tirana municipal government for delaying the building of new homes for Romani families removed from their homes in 2016. In December 2016 the municipality evicted 76 Romani families from the Bregu i Lumit neighborhood of Tirana, which is prone to flooding in the winter. Sixty of the families were moved into a temporary warehouse, where NGOs reported they lived in dire conditions without sanitation or electricity. The municipality delayed the transfer of the families to more permanent housing until the final week of December.

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

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

The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak.

Sexual orientation and gender identity are among the classes protected by the country’s hate-crime law. Despite the law and the government’s formal support for lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights public officials sometimes made homophobic statements. The NGO Streha reported that many young LGBTI individuals had experienced domestic violence upon coming out.

As of August, the Commission for Protection from Discrimination (CPD) had received three complaints alleging discrimination based on sexual orientation and gender identity during the year. The CPD ruled in favor of one of the cases.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV/AIDS. The Albanian Association of People Living with HIV/AIDS reported that discrimination and stigmatization of persons with HIV/AIDS was widespread in the country.

Other Societal Violence or Discrimination

Alleged incidents of societal killings, including both “blood-feud” and revenge killings, occurred during the year, but as of August authorities had reported only one case of a blood-feud killing. The ombudsman reported that authorities’ efforts to protect families or prevent blood-feud deaths were insufficient, although the government increased efforts to prosecute such crimes.

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. High fines, which under the law could reach 1.1 million leks ($9,600) or 50 times the monthly minimum wage, were rarely assessed. Fines were consequently not a sufficient deterrent to violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.

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

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic nature of implementation of standard operating procedures hampered enforcement. Penalties of eight to 15 years in prison were sufficiently stringent to deter violations, but they were seldom enforced. Law enforcement organizations trained their officers to adopt a victim-centered approach to human trafficking. The government continued to identify trafficking victims but prosecuted and convicted a small number of traffickers. The Office of the National Antitrafficking Coordinator increased government efforts to prevent trafficking through awareness activities.

There were instances of forced labor during the year. Children engage in gathering recyclable metals and plastic, mine work, sewing, street peddling, agriculture, and animal husbandry. Children were subjected to forced begging and criminal activity (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in certain instances where the work is categorized as “light” and does not interfere with school. Children under the age of 18 may generally only work in jobs categorized as “light.” By law the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Youth and Social Welfare, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law. Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. The SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not sufficient to deter violations.

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

The law criminalizes exploitation of children for labor or forced services, but the government did not enforce the law effectively. The SILSS monitored for cases of child labor and other labor malpractices, but insufficient human resources limited its activities. There were reports that child laborers worked as street or shop vendors, beggars, farmers, shepherds, drug runners, vehicle washers, textile factory workers, miners, or shoeshine boys. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year (see section 6, Displaced Children).

The Social Organization for the Support of Youth ARSIS reported that the majority of children living in street situations were boys between the ages of 10 and 17. The boys mainly collect plastic or metals for recycling, and usually work unaccompanied. World Vision also reported that children collect cans, plastic, and metal; worked in mines; sewed shoes; or worked in agriculture or animal husbandry. Young men often migrated to neighboring countries to support their families after they completed the state-mandated minimum level of education. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particular around the touristic coastal areas.

According to the State Agency on Children’s Rights, child protection units identified 640 street children engaged in begging, selling, and informal work between July 2016 and June; 586 of these received relevant services. The State Labor Inspectorate reported two cases of child exploitation for labor and an additional 21 minors working without the required legal permission or medical approval.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, living with HIV/AIDS, and social origin. Discrimination in employment and occupation occurred with respect to gender, disability, sexual orientation and gender identity, nationality, and ethnicity. The commissioner for protection against discrimination reported the main grounds of alleged discrimination were race, economic status, disability, political beliefs, and health status.

e. Acceptable Conditions of Work

There is national minimum wage that was higher than the national poverty threshold. The State Inspectorate for Labor and Social Services is responsible for enforcing the minimum wage. The inspectorate reported it had 96 inspectors, an insufficient number to enforce compliance.

While the law establishes a 40-hour workweek, individual or collective agreements typically set the actual workweek. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires payment of overtime and rest periods, but employers did not always observe these provisions. The law provides for premium pay for overtime. The government had no standards for a minimum number of rest periods per week and rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to workers in the informal sector, such as domestic employees and migrant workers. According to the World Bank, the informal sector accounts for nearly 50 percent of all employment in the country.

The SILSS is responsible for enforcing occupational health and safety standards and regulations, and these were appropriate for the main industries in the country. Enforcement was lacking overall. Workplace conditions in the manufacturing, construction, and mining sectors frequently were poor and, in some cases, dangerous. Resources and inspections were not adequate, and penalties often did not deter violations, as law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators. There were no government programs to provide social protection for workers in the informal economy.

Violations of wage and occupational-safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Independent Monitoring: The government permitted visits by independent human rights observers.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and provide for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The country’s only security forces are the police, prison officers, traffic police, and forestry officials. The Ministry of Social Affairs, Justice, and Interior maintained effective civilian control over the security forces, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires warrants for arrest. Police may legally detain persons for 48 hours without a hearing, and police generally observed this time limit. A judge has up to 24 hours to charge or release the detainee. Police promptly informed detainees of charges against them. A bail system exists. The law provides detainees the right to legal counsel from the moment of arrest. Persons charged with a crime may choose their own lawyers or accept one designated by the government. Detainees generally had prompt access to family members.

Pretrial Detention: On average, prisoners spent nine months in pretrial detention before being judged.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested and detained are entitled to challenge in court the legal basis or arbitrary nature of their detention and to obtain prompt release and compensation if found to have been unlawfully detained. They may also seek to appeal to the European Court of Human Rights (ECHR).

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence and receive prompt, detailed notification of the charges against them. Trials are fair and public and for the most part held without delay. Defendants have the right to be present and consult in a timely manner with an attorney of their choice. If a defendant cannot afford an attorney, the government must appoint a public attorney. Defendants and their attorneys have adequate time and facilities to prepare a defense. The government provides an interpreter, if needed, from the moment of being charged through all appeals. Defendants can confront or question witnesses against them and present witnesses and evidence on their behalf. Defendants cannot be compelled to testify or confess guilt, and they have the right to appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Plaintiffs may bring lawsuits seeking damages for, or cessation of, a human rights violation. Individuals and organizations may appeal adverse domestic decisions to the ECHR. The national ombudsman also serves to protect and defend basic rights and public freedom on behalf of citizens.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

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

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 98 percent of the population used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

c. Freedom of Religion

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

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

The country cooperated with the Office of the UN High Commissioner for Refugees and other international refugee relief organizations.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees, preferring to deal with them on an ad hoc basis. There is a lack of domestic legislation on asylum seekers and refugees, and in particular on measures to protect unaccompanied and refugee children. According to the Ministry of Social Affairs, Justice, and Interior, no requests for asylum or refugee status were received during the year.

Durable Solutions: The report of the European Commission against Racism and Intolerance (ECRI) published on February 28 criticized the government for not easing residence requirements for obtaining citizenship to 10 years.

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

Elections and Political Participation

Recent Elections: Observers considered parliamentary elections held in 2015 to be free and fair.

Participation of Women and Minorities: No laws limit the participation of women in the political process, and they did participate. Citizens were ethnically and linguistically homogeneous but as of the end of the year, represented only 46 percent of the country’s population. The majority of the population consisted of immigrants, largely from Spain, Portugal, and France. The law requires 15 to 20 years of residency for naturalization. Because only citizens have the right to hold official positions, there were no members of minorities in government.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. Officials infrequently engaged in corrupt practices with impunity. There were three cases of political and institutional corruption processed during the year involving six individuals. Three additional cases involving three individuals were under investigation.

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

Women

Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively. As of July 31, the prosecutor’s office initiated 51 criminal proceedings related to gender violence and 36 related to domestic violence. The prosecutor’s office concluded 13 cases of gender violence and six cases of domestic violence. Almost all the cases involved elements of psychological abuse and mistreatment. Some cases also involved injuries, sexual aggression, and threats.

The Department of Equality Policies within the Ministry of Social Affairs, Justice, and Interior (designed to promote and develop programs to prevent and fight against gender and domestic violence as well as any other forms of inequality), was consolidated during the year. The Department was restructured and grew in resources as it increased the services provided to victims.

Additionally, to address domestic violence in a comprehensive manner, the National Commission for the Prevention of Domestic and Gender-based Violence comprised of members of the Ministries of Social Affairs, Justice, and Interior; Health; and Education and Higher Instruction, as well as the judiciary and the prosecutor’s office continued to meet regularly.

The government’s Service for the Assistance of Victims of Gender Violence and the Service of Domestic and Family Violence provided medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. During the year the government made the national hotline for victims a 24-hour service. Since July female victims of gender and domestic violence have had access to a free lawyer.

As of the end of August, the Service for the Assistance of Victims of Gender Violence assisted 156 cases of domestic violence against women. Of the 156 domestic violence cases, 79 were new ones. These cases involved psychological, physical, and sexual violence, as well as social and economic mistreatment.

Victims of domestic violence could also request help from the nongovernmental organization (NGO) Andorran Women’s Association (ADA), which works for women’s rights.

The Department of Equality Policies prioritized school outreach programs and organized 32 prevention training sessions at schools throughout the country. Additionally it organized workshops on tools for the prevention of gender violence for workers in the Ministry of Social Affairs, the Fire Department, and law enforcement agencies, as well as for the University of Andorra.

Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three months’ to three years’ imprisonment. As of the end of August, one case of sexual harassment was reported.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law prohibits discrimination against women privately or professionally with fines up to 24,000 euros ($28,800). There were no reports of discrimination during the year.

The government worked with civil society associations in the elaboration of a study on equality that mapped the situation facing women and other vulnerable groups. The recommendations, which included the adoption of a law on equality and nondiscrimination, the establishment of an observatory on equality, training, and awareness campaigns, were presented in July.

Children

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

Children are registered at birth.

Child Abuse: As of July 31, the prosecutor’s office initiated 35 criminal proceedings related to child abuse and concluded two cases of violence against children.The government’s Specialized Children’s Assistance Office intervened in situations where children and young persons were at risk or lacked protection.

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

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

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

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

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law mandates access to public buildings, information, and communications for persons with disabilities, and the government generally enforced this provision.

The Andorran Federation of Associations for Persons with Disabilities represented that accessibility for persons with disabilities and their entry into the workforce, are the two areas in which the country was not fully compliant with international standards.

National/Racial/Ethnic Minorities

The government effectively enforced the provisions of the constitution for the most part. Complaints on the grounds of race, color, ethnicity, nationality, or language may be brought before the civil and administrative courts.

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

The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. No cases of violence, discrimination, or other abuses based on sexual identity were registered during the year.

The Ministry of Social Affairs, Justice, and Interior together with the local LGTBI NGO Som com Som launched an awareness campaign and organized roundtables, talks at schools, as well as specialized training sessions on equality and prevention of LGTBI-phobia throughout the year. Complaints on the grounds of gender identity and sexual orientation may be brought before the civil and administrative courts.

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for workers to form and join independent trade unions. The law does not provide for collective bargaining or the right to strike. Alternate dispute resolution mechanisms such as mediation and arbitration exist. The law neither prohibits antiunion discrimination nor requires the reinstatement of workers fired for union activity.

The government effectively enforced the law; however, the county’s main union Unio Sindical d’Andorra (USDA) continued to denounce the lack of laws effectively protecting workers.

The government and employers respected freedom of association. Neither collective bargaining nor strikes occurred during the year. There were no official reports of or investigations into any antiunion discrimination. Workers continued to be reluctant to admit to union membership due to fear of retaliation by their employers and arbitrary dismissal.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government effectively enforced applicable laws. Slavery and trafficking for labor exploitation are punishable by a minimum of four years and a maximum of 12 years in prison. Penalties were sufficient to deter violations.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children younger than 14 years old from working. Children 14 or 15 years old may work up to two months per year during school holidays following strict regulations contained in the law. The law limits work by children 14 or 15 years old to no more than six hours per day, limits work by children 16 or 17 years old to eight hours per day, provides for safety restrictions, restricts the types of work children may perform, and outlines other conditions. According to the law, children cannot work overtime, work overnight, or work in dangerous occupations, especially in the construction sector. The law provides for protection for children from exploitation in the workplace.

d. Discrimination with Respect to Employment and Occupation

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

Women represented 49 percent of the workforce. The law does not require equal pay for equal work. Although no cases were filed during the year, the ADA and trade union representatives from the USDA reported cases of gender discrimination especially relating to unequal salaries for the same work and workplace bullying. Victims were reluctant to file a complaint due to fear of reprisal from employers. The Andorran Social Security Fund and the Department of Statistics estimated that women earned on average 24 percent less than men for comparable work. In the finance sector this percentage increases to 38 percent. The government made an effort to combat pay discrimination in general, and it applied pay equality within the government.

e. Acceptable Conditions of Work

There is a national minimum wage, but it was not sufficient to provide a decent standard of living for a worker and family. The government generally enforced minimum wage laws. Additionally, the government provided 600 families some sort of social assistance mainly for meals, rent, and childcare.

The law limits the standard workweek to five eight-hour days for a total of 40 hours per week. Workers may work up to two overtime hours per day or 15 hours per week, 50 hours per month, and 426 hours per year. The law provides for premium pay of time plus 25 percent for the first four hours per week, time plus 50 percent for the following four hours, and time plus 75 percent for the remaining hours. There is a required rest period of 12 hours between work shifts.

The Labor Inspection Office sets occupational health and safety standards. Workers have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment. Authorities effectively protected such employees.

The law covers agricultural, domestic, and migrant workers. The Labor Inspection Office has the authority to levy sanctions and fines against companies violating standards and enforced compliance. The Office had sufficient resources to enforce compliance. The law permits fines of up to 24,000 euros ($28,800) for a violation. Penalties were sufficient to deter violations. As of the end of August, the Labor Inspection Office received 73 complaints.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were reports that the government or its agents committed arbitrary or unlawful killings. On December 7, human rights activist and journalist Rafael Marques de Morais released a report, “The Field of Death,” alleging Criminal Investigation Service (SIC) officers engaged in a campaign of extrajudicial killings of young men in Luanda from April 2016 through November 2017. According to Marques, many of the victims were accused of petty criminality or otherwise labeled as “undesirable” by residents of their respective communities. The report alleged the national police at times coordinated with SIC officers in the killings. On December 11, the public prosecutor announced the creation of a commission of inquiry to investigate the allegations.

Fifteen months after the August 2016 killing of 14-year-old Rufino Antonio during an Angolan Armed Forces (FAA) demolition operation of allegedly unauthorized housing, authorities arrested and charged an FAA soldier with Rufino’s death. The trial of the FAA soldier continued at year’s end.

At year’s end the Supreme Court had not rendered a decision on the appeal of the 28-year sentence imposed in April 2016 on Jose Kalupeteka, leader of the Light of the World religious sect, for the 2015 clashes between members of his group and police that left 13 civilians and nine police officers dead, according to official figures. There was no information on the status of the Attorney General’s Office (PGR) investigation into the August 2016 clashes between police and Light of the World followers in Kwanza Sul Province that reportedly resulted in the deaths of five church members and three police officers.

b. Disappearance

There were unconfirmed reports of disappearances by or on behalf of government authorities.

For example, Union for the Total Independence of Angola (UNITA) representatives alleged that on June 28, MPLA party members kidnapped Adelino Joao Cassoma, a UNITA party member, tortured him, and threw him into the Cuango River in Lunda Norte Province. The MPLA accused UNITA of lying and concealing Cassoma’s whereabouts. On August 8, a man alleging to be Adelino Joao Cassoma appeared before the media to insist that he had not been kidnapped but had hidden in the forest for more than 20 days due to fear of political intolerance. UNITA claimed that the man was an imposter and that Cassoma remained missing. There was no additional information on the case at year’s end.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions. Periodic reports continued of beatings and other abuses of persons on the way to and in police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).

On September 16, police found Dias Casa Mbata dead in a police station in Luanda following his arrest the previous day. An autopsy revealed Mbata suffered three skull fractures, a broken arm, and multiple bruises. The Ministry of Interior opened an investigation into possible unlawful arrest and police brutality in the case.

Security forces reacted harshly and sometimes violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what were deemed by the government to be unlawful demonstrations. Authorities claimed known agitators who sought only to create social instability organized many of the public demonstrations.

Unlike in previous years, there were no reports of abuses by private security companies in diamond producing regions.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and potentially life threatening. Domestic NGOs, activists, and the media continued to highlight corruption, violence, overcrowding, a lack of medical care, and generally poor conditions.

Physical Conditions: In April 2016 Antonio Fortunato, director general of penitentiary services, acknowledged overcrowding in prisons was a serious problem.

Authorities frequently held pretrial detainees with sentenced inmates, and short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and reportedly had better rehabilitation, training, and reintegration services. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local NGOs stated prison services were insufficient. In 2015 Fortunato acknowledged that approximately five prisoners died each month in the country’s prisons from diseases such as HIV/AIDS, malaria, and tuberculosis.

In 2016, while a prisoner inside the Viana jail, Bruno Marques took photographs that allegedly depicted the jail’s deplorable conditions and sick and malnourished prisoners. Newspaper Novo Jornal published the photographs in a September 2016 article, and there were reports that members of the Rapid Intervention Police and Special Prison Services Detachment tortured Marques while he was still a prisoner in response to the publication. On March 25, unknown assailants shot and beat Marques to death in a Luanda suburb. Police opened an investigation into the killing, which was pending at year’s end.

On July 20, the NGO Ame Naame Omunu denounced conditions in Peu Peu prison in Cunene Province. After receiving complaints from family members of deceased prisoners, the NGO contacted the municipal hospital, which confirmed the presence of nine deceased prisoners’ bodies in the hospital morgue. No information was available on causes of death. The NGO filed a letter of complaint with the provincial-level representative of the Ministry of Interior, but authorities conducted no official investigation.

Administration: The government investigated and monitored prison and detention center conditions.

Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. A local NGO that provides pro bono legal services to inmates said prison officials were trying to improve conditions but overcrowding limited results. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the PGR, and members of the National Assembly to assess prisoners’ living conditions.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.

According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, despite this right being protected by the constitution. While they often released detainees after a few hours, police at times charged them with crimes.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The SIC, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police, in the Ministry of Interior, are responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The FAA are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda.

Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability. There were allegations during the year that the SIC committed extrajudicial killings, at times in coordination with the national police, to combat crime (see section 1.a.). The national police and FAA have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces. Impunity for security force abuses remained a problem, however.

Local populations generally welcomed police presence in neighborhoods and on streets as enhancing general safety and security. Nevertheless, police routinely were believed to extort civilians to supplement their income. Corruption and impunity remained serious problems. The national police handled most complaints internally through opaque disciplinary procedures, which sometimes led to formal punishment, including dismissal. They participated in a television series designed to show a gamut of interactions between police and civilians. The goal of the show was to encourage the population to collaborate with police while discouraging security force members’ procurement of bribes or their payment. The national police also utilized social media to communicate with civilians. The PGR has an anticorruption unit, charged with oversight of police wrongdoing. The government disclosed publicly the results of some investigations that led to disciplinary action. For example, on October 3, the Zaire Military Court sentenced three police officers to between three and four years in prison for insubordination and facilitating illegal immigration in order to extort money from irregular migrants.

Police participated in professional training provided by national and international organizations that focused on human rights, combatting trafficking in persons, and law enforcement best practices during elections.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.

By law the public prosecutor must inform the detainee of the legal basis for his or her detention within 48 hours. NGO sources reported authorities often did not respect the law. If the public prosecutor is unable to determine whether there is a legal basis for the detention within 48 hours, the prosecutor has the authority to release the person or, depending on the seriousness of the case, require the person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.

If the public prosecutor determines a legal basis exists for the detention, a person can be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts toward the total amount of time served.

The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. During the year the Angolan Justice, Peace, and Democracy Association published a study, “Angola: Justice Sector, Human Rights and State Law,” which reported 1,528 accredited and 2,426 unaccredited (those who have yet to pass the bar exam) lawyers in the country. More than 80 percent of accredited and unaccredited lawyers resided in Luanda Province. In 2015 the Ministry of Justice and Human Rights reported that all municipal courts were staffed with licensed lawyers, but at the same time it recognized access to a lawyer, especially in the provinces and in rural areas, remained a problem. Several lawyers and NGOs noted that even in Luanda most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.

The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.

A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.

Arbitrary Arrest: Unlawful arrest and detention remained serious problems. According to the PGR, allegations of government wrongdoing on arrest practices made by local and international NGOs were due to a lack of understanding of national laws. For example, on April 17, police detained seven activists in the Cacuaco suburb of Luanda for holding a protest demanding transparent elections. The young men, charged with acts of rebellion and resisting arrest, received a sentence of 45 days’ imprisonment and a fine of 65,000 kwanzas ($382); authorities released them on June 9 after they had completed their sentence.

Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to two years before their trials began. The Ministry of Interior reported in 2016 that 11,000 inmates were pretrial detainees, approximately 45 percent of the total inmate population. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime. During the year the provincial government of Cunene held twice-monthly court sessions inside the Peu Peu prison to alleviate lengthy pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: In June 2016 the Supreme Court granted a group of activists known as the “15+2” a writ of habeas corpus, ruling that following their March conviction and sentencing to between two and eight years in prison by the Luanda Provincial Court, the appeal lodged by their lawyers had a suspensive effect and required their release pending the outcome of their appeal. Judge Domingos Januario, the judge of first instance for the Luanda Provincial Court, was later accused of concealing the activists’ petition for habeas corpus from the Supreme Court. The attorney general launched an investigation of the judge’s handling of the case, which was pending at year’s end.

e. Denial of Fair Public Trial

The constitution and law provide for an independent and impartial judiciary. Institutional weaknesses in the judicial system, however, such as political influence in the decision-making process, were problems. The Ministry of Justice and Human Rights and the PGR worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs on the importance of an independent judicial system.

There were long trial delays at the Supreme Court. Criminal courts also had a large backlog of cases, which resulted in major delays in hearings. There were only 22 municipal courts for 163 municipalities.

Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional leaders (known as “sobas”) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases; only courts can hear criminal cases.

Both the national police and the FAA have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations can be tried under their internal regulations, cases that include violations of criminal or civil laws can also fall under the jurisdiction of provincial courts. Both the PGR and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.

TRIAL PROCEDURES

Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings from the moment charged through all appeals. By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights, all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.

A separate juvenile court is designated for children’s affairs. The juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors over age 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 can be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. Traditional authorities are defined in the constitution as ad hoc units of the state.

The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.

POLITICAL PRISONERS AND DETAINEES

The Ministry of Justice and Human Rights denied there were political prisoners in the country. Opposition political parties, however, often claimed authorities detained their members because of their political affiliations.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Damages for human rights violations may be sought in municipal or provincial courts and appealed to the Supreme Court.

PROPERTY RESTITUTION

The constitution recognizes the right to housing and quality of life, and the law states that persons relocated should receive fair compensation. The constitution provides that all untitled land belongs to the state. In August 2016 security forces demolished hundreds of allegedly illegal, privately built homes in Zango, a suburban Luanda zone that falls within the restrictive perimeter of the Luanda-Bengo Special Economic Zone. The demolitions reportedly displaced thousands of persons and resulted in several deaths. Some persons forced to move did not receive fair compensation, at times due to lack of clear title or permits for the destroyed property. Relocated persons who received new housing units often complained their units were located far from their jobs or places of business, or were of substandard quality.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.

The constitution and law provide for freedom of expression, including for the press; however, state dominance of most media outlets, self-censorship by journalists, and the existence of a media regulatory body limited the practical application of these rights. Most private media organizations were located in the capital. On November 9, newly elected President Lourenco dismissed and replaced heads of all major state-owned media outlets. On November 14, the president urged the new leadership of state media entities to ensure an editorial line that serves the public interest and upholds freedom of expression and the press.

Freedom of Expression: Individuals reported practicing self-censorship but generally were able to criticize government policies without fear of direct reprisal. Social media was widely used in the larger cities and provided an open forum for discussion.

Press and Media Freedom: Private radio and print media criticized the government openly and harshly. Authorities occasionally threatened journalists and publishers with harassment and arrest for covering sensitive stories. Journalists routinely complained of lack of transparency and communication from government press offices and other government officials. State dominance of major media outlets often led to one-sided reporting, with opposition and civil society figures frequently expressing their opinions in privately owned media outlets while government officials kept silent even on noncontroversial issues.

Official news outlets, including Angolan Public Television, Radio Nacional, and the Jornal de Angola newspaper, favored the ruling party and gave only limited coverage to opposition political parties. Official news outlets disproportionately covered ruling party candidates and campaign events in the period preceding the August 23 presidential and parliamentary elections, but at times included opposition party members and other commentators in nationally televised debates on issues such as elections, the rule of law, and the economy. Opposition parties received only limited coverage of their legislative participation in the National Assembly.

Violence and Harassment: Several journalists reported incidents of violence or harassment during the year. For example, a stringer for a foreign broadcaster investigating a series of mysterious fainting spells in Uige Province schools reported that police detained and beat him for photographing the transport of student victims to a hospital.

Censorship or Content Restrictions: In January the National Assembly passed a package of five regulatory media laws, one of which established the Regulatory Entity for Social Communication (ERCA), a body empowered to license and delicense journalists and determine what constitutes appropriate media content. At year’s end ERCA remained largely inactive.

Journalists practiced self-censorship.

The minister of social communication, spokesperson of the presidency, and national director of information maintained significant decision-making authority over the media. It was commonly understood these individuals actively vetted news stories in the state-controlled print, television, and radio media and exercised considerable authority over some privately owned outlets. State-controlled media and private media outlets owned by those close to the government rarely published or broadcast stories critical of the ruling party, government officials, or government policies.

In March Angolan telecommunications operator ZAP, owned by Isabel dos Santos, the daughter of then president Jose Eduardo do Santos, stopped broadcasting two Portuguese-owned television channels, SIC Noticias and SIC Internacional. ZAP notified neither the channels’ owners nor ZAP subscribers in advance. Several journalists, such as Expresso newspaper correspondent in Luanda Gustavo Costa and the president of the Media Institute for Southern Africa-Angola, Alexandre Solombe, alleged that ZAP’s decision to cease broadcasting the two channels was in response to their critical reporting on corruption and poverty in the country.

Libel/Slander Laws: Defamation is a crime punishable by imprisonment or a fine, and unlike in most cases in which defendants are presumed innocent until proven guilty, defendants in defamation cases have the burden of proving their innocence by providing evidence of the validity of the allegedly damaging material.

Several journalists in print media, radio, and political blogs faced libel and defamation lawsuits. Journalists complained the government used libel laws to limit their ability to report on corruption and nepotistic practices. According to the PGR, some journalists abused their positions and published inaccurate stories about government officials without verifying the facts or providing the accused the right of reply. On June 21, Attorney General Joao Maria de Sousa indicted journalist and human rights activist Rafael Marques for slander in response to an October 2016 article published on Marques’ website, Maka Angola. The article accused de Sousa of corruption regarding an alleged illicit purchase of land and criticized then president dos Santos for failing to curb such alleged corrupt practices. Journalist and publisher Mariano Bras was also indicted for slander for republishing the article in the newspaper O Crime. Marques could face a penalty of up to three years’ imprisonment if convicted of slander, as well as the reinstatement of a six-month suspended sentence he received for a 2015 conviction of criminal libel. At year’s end the court had not ruled on the merits of the indictments against Marques or Bras, nor had it set a trial date.

INTERNET FREEDOM

The law allows ERCA to determine what constitutes appropriate media content, including online content. The government did not, however, restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal oversight. According to the International Telecommunication Union, in 2016 approximately 13 percent of residents had access to the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for the right of peaceful assembly, but the government regularly restricted this right.

The law requires written notification to the local administrator and police three days before public assemblies are to be held. The law does not require government permission to hold public assemblies but it does require public assemblies to start after 7 p.m. The government at times prohibited events based on perceived or claimed security considerations. On June 3, thousands of UNITA supporters marched peacefully in Luanda to call for transparent elections while attended by a heavy presence of security forces. UNITA and members of government and security forces coordinated in advance of the march to ensure it took place without incident. Police and administrators did not interfere with progovernment gatherings. Nonpartisan groups intending to criticize the government or government leaders, however, often encountered the presence of police who prevented them from holding the event. Usually authorities claimed the timing or venue requested was problematic or that the proper authorities had not received notification.

Members of the Lunda Tchokwe Protectorate Movement (LTPM) held several protests during the year. LTPM leader Jose Mateus Zecamutchima called on supporters to protest on July 29 to demand autonomy. On July 27, Lunda Norte provincial authorities arrested nine Tchokwe individuals, including four traditional leaders. Zecamutchima subsequently canceled the protest due to the arrests and heavy presence of security forces. Some protesters nevertheless proceeded with the protest, resulting in the arrest of 38 individuals. There were reports that security forces used live fire and grenades to disperse the protesters, but there were no reported injuries.

The government at times arbitrarily restricted the activities of associations it considered subversive by refusing to grant permits for organized activities. Authorities generally permitted opposition parties to organize and hold meetings. Nevertheless, opposition officials continued to report obstructions to the free exercise of their parties’ right to meet.

FREEDOM OF ASSOCIATION

The constitution and law provide for the right of association, but the government did not always respect this right (see also section 7.a.). Extensive delays in the NGO registration process continued to be a problem. Nevertheless, NGOs that had not yet received registration were allowed to operate.

On July 5, the Constitutional Court declared unconstitutional a 2015 presidential decree regulating the operation of NGOs. Civil society had criticized the decree as potentially restrictive and intrusive for including requirements that NGOs obtain approval from the government before the implementation of any project, provide frequent financial reports to the government on NGO activities, and allow local authorities to supervise NGO projects within their municipalities. The government stated this regulation is part of its strategy to combat money laundering and terrorist financing. The court ruled that only the National Assembly had jurisdiction to legislate such requirements according to the clearly defined separation of powers in the constitution.

c. Freedom of Religion

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

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation. The government at times restricted these rights.

The government sometimes cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern. UNHCR commended the government for its efforts to protect and assist more than 32,000 Congolese refugees who fled violence in the Kasai region of the Democratic Republic of the Congo (DRC) and sought refuge in Lunda Norte Province during the year. The government, however, continued to fail to provide adequate protection for asylum seekers and urban refugees.

Abuse of Migrants, Refugees, and Stateless Persons: Following a May 2016 visit, the UN special rapporteur on the human rights of migrants, Francois Crepeau, issued a report criticizing the government for its lack of adequate protections for refugees, asylum seekers, and migrants. Crepeau cited government failure to implement key elements of the 2015 asylum law, which had the effect of impeding refugee and asylum seekers’ access to basic services and documents, such as birth certificates for children of foreign-born parents. NGOs working with refugee and asylum-seeker populations continued to cite security force harassment of and state discrimination against those communities. At year’s end the asylum law remained unimplemented.

In-country Movement: Police maintained roadside checkpoints throughout the country. Reports by local NGOs suggested some police officers extorted money from civilians at checkpoints and during regular traffic stops. Reports from the diamond mining provinces of Lunda Norte and Lunda Sul indicated some government agents restricted the movements of local communities.

PROTECTION OF REFUGEES

During the year more than 32,000 Congolese, primarily women and children, fled the Kasai region of the DRC and sought refuge in Lunda Norte Province. During the early days of the refugee influx, the government was the sole provider of life-saving assistance, including food and medical care. The government cooperated closely with UNHCR, the World Food Program, and NGOs to protect and assist the community. UNHCR continued to press the government to grant the Kasai refugees prima facie status. At year’s end, however, the government had not formally granted them that status.

Access to Asylum: The law provides for the granting of asylum or refugee status, but the law did not function in practice during the year. The 2015 asylum law provides specific procedures for the submission of an asylum application and guidance on the determination of asylum and refugee cases. UNHCR and several NGOs reported that asylum seekers and urban refugees did not have a mechanism to apply for or resolve their status. The 2015 law changed the role of the Committee for the Recognition of the Right to Asylum, the former implementing mechanism to identify, verify, and legalize asylum seekers, to that of an advisory board; however, by October the government had not put into practice an alternative mechanism to adjudicate asylum and refugee cases in the committee’s place. The law also established the creation of reception centers for refugees and asylum seekers where they are to receive assistance until the government makes a decision on their cases.

Employment: Formal restrictions on a refugee’s ability to seek employment existed. Regulation 273/13 restricted refugees from obtaining the mandatory business license required to own and operate a business. Refugees often faced difficulty obtaining employment due inability to obtain legal documents required to work in the formal sector. These difficulties were compounded by a general lack of acceptance of the refugee card and lack of knowledge about the rights it was intended to safeguard.

Access to Basic Services: Persons with recognized refugee status could at times obtain public services. UNHCR, NGOs, and refugees, however, reported that urban refugees in particular were unable to obtain legal documents following passage of the asylum law and at times faced difficulty accessing public services such as health care and education. Corruption by officials compounded these difficulties.

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

Recent Elections: On August 23, the government held presidential and legislative elections, which the ruling MPLA won with 61 percent of the vote. On September 26, the country inaugurated MPLA party candidate Joao Lourenco as its third president.

Domestic and international observers reported polling throughout the country was peaceful and generally credible, although the ruling party enjoyed advantages due to state control of major media and other resources. Opposition parties complained to the Constitutional Court aspects of the electoral process, including the National Electoral Commission’s lack of transparent decision making on key election procedures and perceived irregularities during the provincial-level vote count. On September 12 and 13, the court rejected opposition appeals, citing a lack of evidence. The court concluded that two opposition parties, UNITA and the Social Renewal Party, forged election documents submitted in support of their appeals, a crime that carries a penalty of two to eight years’ imprisonment and a monetary fine. The court referred the matter to the public prosecutor, but at year’s end there were no additional details on the investigation.

The central government appoints the provincial governors, and the constitution does not specify a timeline for implementing municipal-level elections. By year’s end government and ruling party officials had not announced a target date for municipal elections.

Political Parties and Political Participation: The ruling MPLA party dominated all political institutions. Political power was concentrated in the presidency and the Council of Ministers, through which the president exercised executive power. The council can enact laws, decrees, and resolutions, assuming most functions normally associated with the legislative branch. The National Assembly consists of 220 deputies elected under a party list proportional representation system. The National Assembly has the authority to draft, debate, and pass legislation, but the executive branch often proposed and drafted legislation for the assembly’s approval. The MPLA retained its supermajority in the National Assembly in the August 23 elections; however, opposition parties increased their representation by winning 32 percent of parliamentary seats, up from 20 percent in the 2012 elections.

Political parties must be represented in all 18 provinces, but only the MPLA, UNITA, and the Broad Convergence for the Salvation of Angola, to a lesser extent, had truly national constituencies. By law no political party may limit party membership based on ethnicity, race, or gender.

Multiple altercations between MPLA and opposition parties’ supporters reportedly occurred during the year, both before and after the August 23 elections (see section 1.a.). Reports of political violence or intolerance were greatest in the provinces of Benguela, Huambo, Kuando Kubango, Uige, and Luanda. According to UNITA and human rights group Omunga, MPLA youth clashed with UNITA supporters on September 16 in the Bocoio municipality of Benguela Province. UNITA and Omunga alleged that police supported and participated in the violence, which reportedly resulted in several injuries, significant damage to UNITA property, and the arrest of individuals affiliated with both parties. Police countered that UNITA was responsible for the violence but promised to investigate the incident.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate. Of the 220 deputies in the national assembly, 60 were women. There were no female provincial governors, but 10 women were cabinet ministers (out of 30). Some observers believed traditional and cultural factors prevented women from participating in political life to the same extent as men. The country has multiple linguistic groups, many of which were represented in government.

Although the law provides criminal penalties for corruption by officials, the government did not implement these laws effectively, and local and international NGOs and media sources reported officials engaged in corrupt practices with impunity.

Corruption: Government corruption at all levels was widespread, and accountability was limited due to a lack of checks and balances, lack of institutional capacity, and a culture of impunity. There were some institutions within the government, however, working to improve transparency and accountability. The judiciary was subject to political influence and conflict of interest. Public prosecutions of corruption cases were rare under the dos Santos government. President Lourenco announced during his inaugural address his intention to combat government corruption, and several new investigations or prosecutions of government officials allegedly involved in corruption were in process at year’s end. For example, on October 10, authorities detained the Angolan General Tax Administration Administrator Nicholas da Silva and three other staff members on allegations of corruption and misappropriation of state funds. Neto and his three colleagues allegedly embezzled collected tax funds designated for the national treasury. They remained in pretrial detention pending the outcome of the investigation, which continued at year’s end.

On February 16, the public prosecutor of Portugal indicted then Angolan vice president Manuel Vicente on charges of corruption, money laundering, breach of judicial secrecy, and document forgery. The case extended back to 2012, when Vicente was under investigation in Portugal for alleged money laundering and corruption related to both the purchase of a luxury Lisbon apartment for 3.8 million euros ($4.6 million) and the purchase of shares in the Angolan telecommunications company Movicel and bank BES Angola. Portuguese authorities alleged Vicente bribed then Portuguese public prosecutor Orlando Figueira to close both investigations with payments amounting to 763,000 euros ($916,000). The case was moving through the Portuguese legal system at year’s end.

As in previous years, there were credible reports government officials used their political positions to profit from business deals. The business environment continued to favor those connected to the government, including members of the president’s family.

Government ministers and other high-level officials commonly and openly owned interests in public and private companies regulated by, or doing business with, their respective ministries. There are laws and regulations regarding conflict of interest, but they were not enforced. Petty corruption among police, teachers, and other government employees was widespread. Police extorted money from citizens and refugees, and prison officials extorted money from family members of inmates.

Financial Disclosure: The law on public probity requires senior government officials to declare their assets to the attorney general, but the dos Santos government did not enforce the law. According to the Ministry of Justice and Human Rights, the financial information of government officials was provided to the appropriate government office. The law treats these reports as confidential. The president, vice president, and president of the National Assembly are exempt from these public probity requirements. Nonexempt government officials are to make a new declaration within 30 days of assuming a new post and every two years thereafter. The law does not stipulate a new declaration be made upon leaving office but states that officials must return all government property within 60 days.

Following his election in August, President Lourenco ordered all presidential appointees to comply with the law.

Penalties for noncompliance with the law on public probity vary depending on which section of the law was violated but include removal from office, a bar from government employment for three to five years, a ban on contracting with the government for three years, repayment of the illicitly gained assets, and a fine of up to 100 times the value of the accepted bribe. The National Office of Economic Police is responsible for investigating violations of this law, as well as other financial and economic crimes, and then referring them to the Financial Court for prosecution. There were no known cases related to this law during the year.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment. Limited investigative resources, poor forensic capabilities, and an ineffective judicial system prevented prosecution of most cases. The Ministry of Justice and Human Rights worked with the Ministry of Interior to increase the number of female police officers and to improve police response to rape allegations.

The law criminalizes domestic violence and penalizes offenders with prison sentences of up to eight years and monetary fines, depending on the severity of their crime. The Ministry of Justice and Human Rights maintained a program with the Angolan Bar Association to give free legal assistance to abused women and established counseling centers to help families cope with domestic abuse.

Other Harmful Traditional Practices: There were anecdotal reports that some communities abused women and children due to accusations they practiced witchcraft. The Ministry of Culture and the National Institute for Children (INAC) had educational initiatives and emergency programs to assist children accused of witchcraft.

Sexual Harassment: Sexual harassment was common and not illegal. Such cases may be prosecuted under assault and battery and defamation statutes.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Under the constitution and law, women enjoy the same rights and legal status as men, but societal discrimination against women remained a problem, particularly in rural areas. Customary law prevailed over civil law, particularly in rural areas, and at times negatively impacted a woman’s legal right to inherit property.

The law provides for equal pay for equal work, although women generally held low-level positions.

In an interministerial effort led by the Ministry of Family and Protection of Women, the government undertook multiple information campaigns on women’s rights and domestic abuse and hosted national, provincial, and municipal workshops and training sessions.

Children

Birth Registration: Citizenship is derived by birth within the country or from one’s parents. The government does not register all births immediately, and activists reported many urban and rural children remained undocumented. Pursuant to a 2013 plan, the government waived birth registration fees for all persons, including adults, through the end of 2016.

For additional information, see Appendix C.

Education: Education is tuition-free and compulsory for documented children through the sixth grade, but students often faced significant additional expenses such as books or fees paid to education officials. When parents were unable to pay the fees, their children were often unable to attend school. On November 9, the newly appointed governor of Luanda Province announced that students would no longer be charged enrollment fees in that province.

There were reports that parents, especially in more rural areas, were more likely to send boys to school rather than girls. According to UNESCO, enrollment rates were higher for boys than for girls, especially at the secondary level.

Child Abuse: Child abuse was widespread. Reports of physical abuse within the family were commonplace, and local officials largely tolerated abuse. A 2012 law significantly improved the legal framework protecting children, but problems remained in its implementation and enforcement.

Early and Forced Marriage: The legal age for marriage with parental consent is 15 years for girls and 16 years for boys. The government did not enforce this restriction effectively, and the traditional age of marriage in lower income groups coincided with the onset of puberty. In September the Ministry of Family and Protection of Women reported that four in 10 children in the country between the ages of 12 and 17 entered annually into legal or common-law marriages, citing rural areas within the provinces of Lunda Sul, Moxico, Huambo, Bie, and Malanje as places where early marriage was most prevalent. For additional information, see Appendix C.

Sexual Exploitation of Children: All forms of prostitution, including child prostitution, are illegal. Police did not actively enforce laws against prostitution, and local NGOs expressed concern over child prostitution, especially in Luanda, Benguela, and Cunene Provinces. The law does not prohibit the use, procurement, offering, and financial benefit of a child for the production of pornography and pornographic performances. The law does not criminally prohibit either the distribution or the possession of child pornography.

Sexual relations between an adult and a child under the age of 12 are considered rape and carry a potential legal penalty of eight to 12 years’ imprisonment. Sexual relations with a child between the ages of 12 and 17 is considered sexual abuse, and convicted offenders may receive sentences from two to eight years in prison. The legal age for consensual sex is 18 years. Limited investigative resources and an inadequate judicial system prevented prosecution of most cases. There were reports of prosecutions during the year.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abductionat travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There is a Jewish community of approximately 500 persons, primarily expatriate Israelis. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, but the government did not effectively enforce these prohibitions. The constitution grants persons with disabilities full rights without restriction and calls on the government to adopt national policies to prevent, treat, rehabilitate, and integrate persons with disabilities to support their families; remove obstacles to their mobility; educate society about disability; and encourage learning and training opportunities for persons with disabilities. In October 2016 the Law of Accessibilities entered into force, requiring changes to public buildings, transportation, and communications to increase their accessibility to persons with disabilities.

On April 22, the Platform for Inclusion, an activist group for persons with disabilities, held a protest in Luanda to raise awareness of discrimination against persons with disabilities. Police, however, intercepted and forbade demonstrators in wheelchairs from using placards and continuing on the planned route. According to Amnesty International, police subjected the protesters to violence. A member of the Platform for Inclusion, Adao Ramos, criticized the government for failing to implement the Law of Accessibilities and provide adequate protection for persons with disabilities. According to police, they halted the protest because the Platform for Inclusion did not comply with the legal requirement to inform authorities 72 hours in advance of a protest.

Persons with disabilities included more than 80,000 victims of land mines and other explosive remnants of war. The NGO Handicap International estimated that as many as 500,000 persons had disabilities. Because of limited government resources and uneven availability, only 30 percent of such persons were able to take advantage of state-provided services such as physical rehabilitation, schooling, training, or counseling.

Persons with disabilities found it difficult to access public or private facilities, and it was difficult for such persons to find employment or participate in the education system. Women with disabilities were reported to be vulnerable to sexual abuse and abandonment when pregnant. The Ministry of Assistance and Social Reintegration sought to address problems facing persons with disabilities, including veterans with disabilities, and several government entities supported programs to assist individuals disabled by landmine incidents.

Indigenous People

The constitution does not make specific reference to the rights of indigenous persons, and there is no specific law that protects their rights and ecosystems. The estimated 14,000 San lacked adequate access to basic government services, including medical care, education, and identification cards, according to a credible NGO. The government reportedly permitted businesses and well-connected elites to take traditional land from the San. During the year there were reports of discrimination against the San. In May, according to a credible NGO, two San men were admitted in the Central Hospital of Menongue, in Kuando Kubango Province, with acute tuberculosis. The men were denied treatment based on their ethnicity, and after two days, they died.

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

The constitution prohibits all forms of discrimination but does not specifically address sexual orientation or gender identity. According to the Ministry of Justice and Human Rights, the law does not criminalize sexual relations between persons of the same sex. The constitution defines marriage as between a man and a woman, and same-sex marriage is prohibited. Local and international NGOs reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals faced discrimination and harassment, but reports of violence against the LGBTI community based on sexual orientation were rare. The government, through its health agencies, instituted a series of initiatives to decrease discrimination against LGBTI individuals.

Discrimination against LGBTI individuals was rarely reported, and when reported, LGBTI individuals asserted that sometimes police refused to register their grievances. In 2014 a group of LGBTI individuals formed the first openly gay association in civil society. The association continued to collaborate with the Ministry of Health and the National Institute to Fight HIV/AIDS to improve access to health services and sexual education for the LGBTI community.

HIV and AIDS Social Stigma

Discrimination against those with HIV/AIDS is illegal, but lack of enforcement allowed employers to discriminate against persons with the condition or disease. There were no news reports of violence against persons with HIV/AIDS. Reports from local and international health NGOs suggested discrimination against individuals with HIV/AIDS was common. The government’s National Institute to Fight HIV/AIDS includes sensitivity and antidiscrimination training for its employees when they are testing and counseling HIV patients.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, except members of the armed forces and police, to form and join independent unions. To establish a trade union, at least 30 percent of workers in an economic sector in a province must follow a registration process and obtain authorization from government officials. The law provides for the right to collective bargaining except in the civil service. The law prohibits strikes by members of the armed forces, police, prosecutors and magistrates of the PGR, prison staff, fire fighters, public-sector employees providing “essential services,” and oil workers.

While the law allows unions to conduct their activities without government interference, it also places some restrictions on their ability to strike. Before engaging in a strike, workers must make a good-faith effort to negotiate their grievances with their employer. Should they fail to negotiate, the government can deny the right to strike. The government may intervene in labor disputes that affect national security and energy sectors. Essential services are broadly defined, including the transport sector, communications, waste management and treatment, and fuel distribution. In exceptional circumstances involving national interests, authorities have the power to requisition workers in the essential services sector. Collective labor disputes are to be settled through compulsory arbitration by the Ministry of Public Administration, Employment, and Social Security. The law does not prohibit employer retribution against strikers, and it permits the government to force workers back to work for “breaches of worker discipline” or participation in unauthorized strikes. Nonetheless, the law prohibits antiunion discrimination and stipulates that worker complaints should be adjudicated in the labor court. By law employers are required to reinstate workers who have been dismissed for union activities. There were no known cases of retribution against strikers during the year.

The government generally did not effectively enforce applicable labor laws. The Ministry of Public Administration, Employment, and Social Security had a hotline for workers who believed their rights had been violated. Labor courts functioned, but were overburdened by a backlog of cases and inadequate resources. The law provides for penalties for violations of the labor code and labor contracts, but the penalties were not an effective deterrent due to the inefficient functioning of the courts.

Freedom of association and the right to collective bargaining were not generally respected. Government approval is required to form and join unions, which were hampered by membership and legalization issues. In September the president of the National Union of the Workers in Angola, Manuel Viage, stated that many foreign companies, primarily Chinese-owned, prohibited their workers from joining labor unions under threat of dismissal. Labor unions, independent of those run by the government, worked to increase their influence, but the ruling MPLA continued to dominate the labor movement due to historical connections between the party and labor, and also the superior financial base of the country’s largest labor union (which also constitutes the labor wing of the MPLA). The government is the country’s largest employer, and the Ministry of Public Administration, Employment, and Social Security mandated government worker wages with no negotiation with the unions.

The National Teachers’ Union urged teachers from primary and secondary schools to go on strike for three days in May to demand higher salaries, step increases, and fewer work hours. Media reported that teachers in 13 provinces joined the strike, resulting in the closure of many schools. The Minister of Justice and Human Rights, however, claimed a much lower participation rate in the strike. There were reports that some government administrators threatened teachers with disciplinary measures, including salary cuts, if they participated in the strike. During the strike police detained two teachers, one in Kwanza Norte and one in Luanda Province, for their participation. Police released the teachers without charge shortly after being detained.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor.

The government did not effectively enforce the law due in part to an insufficient number of inspectors. Penalties for violations are the same as those for trafficking in persons, ranging from eight to 12 years in prison, and were insufficient to deter violations, primarily due to lack of enforcement.

Forced labor occurred among men and women in agriculture, construction, domestic service, and artisanal diamond-mining sectors, particularly in Lunda Norte and Lunda Sul Provinces. Migrant workers were subject to seizure of passports, threats, denial of food, and confinement. The government continued to make use of a training video for law enforcement and immigration officials that included a short segment on how to identify victims of trafficking, although this was not the sole objective of the film. INAC continued working to reduce the number of children traveling to agricultural areas in the country’s southern regions to work on farms, mostly through community outreach about the importance of an education. Forced child labor also occurred.

See also the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits children under 14 from working. To obtain an employment contract, the law requires youth to submit evidence they are 14 years of age or older. Children could work from age 14 to 16 with parental permission or without parental consent if they are married and the work did not interfere with schooling or harm the physical, mental, and moral development of the minor. The law also allows orphan children who want to work to get official permission in the form of a letter from “an appropriate institution,” but it does not specify the type of institution. The Ministry of Public Administration, Employment, and Social Security; the Ministry of Social Assistance and Reintegration; the Ministry of Interior; INAC; and the national police are the entities responsible for enforcement of child labor laws. An interministerial commission to combat trafficking in persons was created in 2014 to coordinate enforcement actions. The commission generally effectively enforced child labor standards in the formal sector, but the government had difficulty monitoring the large informal sector, where most children worked.

Inspectors are authorized to conduct surprise inspections whenever they see fit. Penalties for violations were generally sufficient to deter violations. Penalties for not signing a written contract for children ages 14 and over is a fine of two to five times the median monthly salary offered by the company. Children over age 14 who are employed as part of an apprenticeship are also required to have a written contract. The penalty for not having this contract is three to six times the average monthly salary of the company. For children found to be working in jobs categorized as hazardous (which is illegal under the law), the fines are five to 10 times the average monthly salary of the company. Nonpayment of any of these fines results in the accrual of additional fines.

Child labor, especially in the informal sector, remained a problem. According to media reports, in June the Free and Independent Labor Union denounced the recruitment and use of child labor by foreign companies, primarily in Benguela, Cunene, and Huila Provinces. The Ministry of Public Administration, Employment, and Social Security had oversight of formal work sites in all 18 provinces, but it was unknown if inspectors checked on the age of workers or conditions of work sites. If the ministry determined a business was using child labor, it transferred the case to the Ministry of Interior to investigate and possibly press charges. It was not known if the government fined any businesses for using child labor. The Ministry of Public Administration, Employment, and Social Security, other government agencies, and labor unions implemented a national plan to limit child labor. There was no additional information on the outcome of a June 2016 arrest of a bus driver in Bie Province allegedly transporting 20 children to work as child laborers on a farm.

Generally, work done by children was in the informal sector. Children engaged in economic activities such as agricultural labor on family farms and commercial plantations–particularly in orchards–as well as in fishing, brick making, charcoal production, domestic labor, and street vending. Exploitive labor practices included involvement in the sale, transport, and offloading of goods in ports and across border posts. Children were reportedly forced to act as couriers in the illegal cross-border trade with Namibia. Adult criminals sometimes used children for forced criminal activity, since the justice system prohibits youths under 12 from being tried in court. There were no credible reports of the use of child labor and forced child labor in informal diamond mining.

Street work among children was common, especially in the provinces of Luanda, Benguela, Huambo, Huila, and Kwanza Sul. Investigators found children working in the streets of Luanda, but many returned during the weekends to some form of dwelling in Luanda or outlying cities. Most of these children shined shoes, washed cars, carried water and other goods, or engaged in other informal labor, but some resorted to petty crime and begging. Commercial sexual exploitation of children occurred as well.

The government, through INAC, worked to create, train, and strengthen child protection networks at the provincial and municipal levels in all 18 provinces. No central mechanism existed to track cases or provide statistics. In 2015, in Benguela, Lunda Sul, and Bengo Provinces, local authorities uncovered 68 cases of child labor, but there were no reported prosecutions. The government also dedicated resources to the expansion of educational and livelihood opportunities for children and their families.

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

d. Discrimination with Respect to Employment and Occupation

The labor law prohibits discrimination in employment and occupation based on race, sex, religion, disability, or language, and the government in general effectively enforced the law in the formal sector. The constitution prohibits all forms of discrimination, although it does not specifically address political opinion, national origin, sexual orientation, or gender identity (see section 6). The law provides for equal pay for equal work, and many women held high-level positions in state-run industries and in the private sector or worked in the informal sector. There were no known prosecutions of official or private-sector gender-based discrimination in employment or occupation. Women held ministerial posts. The government did not effectively implement the law.

Despite the law, persons with disabilities found it difficult to gain access to public or private facilities, and it was difficult for such persons to participate in the education system and thus find employment. There were no known prosecutions for discrimination in employment.

Discrimination against migrant workers also occurred.

e. Acceptable Conditions of Work

A minimum wage for the formal sector exists, is updated annually, and varies by sector. The minimum wage law does not cover workers in informal sectors, such as street vendors and subsistence farmers. The country had not established a poverty income level.

The standard workweek in the private sector is 44 hours, while in the public sector it is 37 hours. In both sectors the law mandates at least one unbroken period of 24 hours of rest per week. In the private sector, when employees engage in shift work or a variable weekly schedule, they may work up to 54 hours per week before the employer must pay overtime. In the formal sector, there is a prohibition on excessive compulsory overtime, defined as more than two hours a day, 40 hours a month, or 200 hours a year. The law also provides for paid annual holidays. By law employers must provide, at a minimum, a 50 percent of monthly salary bonus to employees in December and an annual vacation. Workweek standards were not enforced unless employees lodged a formal complaint with the Ministry of Public Administration, Employment, and Social Security. Foreign workers with permanent legal status or a temporary work visa were protected under the labor law. The ministry effectively enforced the minimum wage law within the formal labor sector. An employer who violates the minimum wage law faces a penalty of between five and 10 times the applicable sector-specific minimum wage payable to the affected employee. An estimated 60 percent of the economy derived from the informal sector, and most wage earners held second jobs or depended on the agricultural or other informal sectors to augment their incomes. Most workers in the informal sector were not covered by wage or occupational safety standards.

An August 2016 presidential decree established minimum employment standards for domestic workers, including national minimum wage protection, an eight-hour work day for domestic workers living outside of their employer’s home, a 10-hour work day for domestic workers living inside their employer’s home, compulsory employer contributions to a domestic worker’s social security protection, and maternity and holiday allowances. The Ministry of Public Administration, Employment, and Social Security is charged with implementing and enforcing the law. Enforcement efforts were hampered by an insufficient number of adequately trained labor inspectors. Some companies reportedly received advanced warning of impending labor inspections.

The labor law requires a safe work environment in all sectors of the economy. Employees have the right to remove themselves from hazardous working conditions and may file a formal complaint with the Ministry of Public Administration, Employment, and Social Security if employers insist they perform hazardous tasks. The government enforced occupational safety and health standards and investigated private company operations based on complaints made by NGOs.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prisoners in Her Majesty’s Prison, the country’s only prison, faced severe conditions and extreme overcrowding.

Physical Conditions: Her Majesty’s Prison, designed to hold a maximum of 150 inmates, held 334 male and 17 female prisoners as of September. Authorities separated remanded prisoners from convicted prisoners when space was available. Remanded inmates faced the harshest conditions, since their cells were the most overcrowded. As of September the prison held three juvenile inmates in maximum security.

Extremely poor ventilation caused cell temperatures to remain very high, and hygiene was inadequate. The prison had inadequate toilet facilities, with slop pails used in all cells except for those of the female prisoners. The men’s section had no showers; inmates used buckets to wash themselves. The women’s section of the prison had two showers; prison staff provided some feminine hygiene products to women, although most female inmates’ families provided for this need. Conditions in the kitchen were unsanitary, aggravated by the presence of insects, rodents, and stray cats (to catch rodents). The yard area also had stray cats and rodents.

Inmates with mental disabilities were held in the prison, in large part because the island’s psychiatric facility was also overcrowded. The prison superintendent reported that inmates had access to a mental health professional. The superintendent reported that bribery and corruption were common in the prison, with guards allegedly taking bribes and smuggling contraband such as liquor, cell phones, and marijuana to prisoners.

The prison had a work release program for men, but female inmates did not have a comparable program.

Conditions at the police holding facility in Saint John’s Station were also deficient. Inmates did not have ready access to potable water and were fed three meals of sausage and stale bread each day. Toilets were inadequate, and a rusty smell permeated the facility. Like Her Majesty’s Prison, the building was very old and appeared to be in a state of disrepair.

Administration: Complaints were handled in several ways, including a prison welfare officer, a complaints committee, and a prisoner appointed to lodge complaints.

Independent Monitoring: The government permitted prison visits by independent human rights observers, although no such visits occurred during the year.

Improvements: During the year authorities repaired the water system in Her Majesty’s Prison, restoring a running, potable water supply to prisoners.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge his/her arrest or detention in court, and the government generally observed these requirements. Prisoners on remand, however, remained in detention for an average of three to four years before their cases came to trial, according to the director of the Office of Public Prosecutions.

ROLE OF THE POLICE AND SECURITY APPARATUS

Security forces consist of a police force; a prison guard service; immigration, airport, and port security personnel; the small Antigua and Barbuda Defense Force; and the Office of National Drug Control and Money Laundering Policy. Police fall under the responsibility of the attorney general, who is also the minister of justice, legal affairs, public safety, and labor. Immigration falls under the minister of foreign affairs, international trade, and immigration.

Civilian authorities maintained effective control over the security forces, and the government has effective mechanisms to investigate and punish abuse. The prime minister can call for an independent investigation into an incident as needed. The Professional Standards Department, which investigates complaints against police, is headed by the deputy police commissioner and decides whether an investigation is conducted. Senior authorities typically held police accountable for their actions. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law permits police to arrest without a warrant persons suspected of committing a crime. Nongovernmental organizations (NGOs) and victims reported that police often abused this provision. Criminal defendants have the right to a prompt judicial determination of the legality of their detention. Police must bring detainees before a court within 48 hours of arrest or detention, but NGOs reported that victims were often held for 96 hours before being presented to a court. Authorities allowed criminal detainees prompt access to counsel and family members. The system requires those accused of more serious crimes to appeal to the High Court for bail.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution provides for criminal defendants to receive a fair and public trial, and an independent judiciary generally enforced this right. Trials are by jury. Defendants enjoy a presumption of innocence, have timely access to counsel, may be present at their trial, may confront adverse witnesses, may present their own witnesses and evidence, and have the right to appeal. In murder trials the government provides legal assistance at public expense to persons without the means to retain a private attorney. Defendants have the right to free assistance of an interpreter.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations through domestic courts. They may apply to the High Court for redress of alleged violations of their constitutional rights. They may appeal adverse domestic decisions to regional human rights bodies.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, but the government respected this right on a somewhat limited basis.

Press and Media Freedoms: Privately owned print media, including daily and weekly newspapers, were active and offered a range of opinions. There were claims, however, that the government did not allow fair access to opposition and independent media. In public statements the prime minister threatened journalists and singled out the sole independent media outlet as the cause for the country’s problems.

Libel/Slander Laws: There were two libel cases pending against the country’s sole independent media outlet involving ruling party ministers.

INTERNET FREEDOM

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

According to 2016 International Telecommunication Union data, 73 percent of the population had access to the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees, the International Organization for Migration, and other humanitarian organizations in assisting refugees and asylum seekers.

PROTECTION OF REFUGEES

Access to Asylum: The country does not have any laws or legal procedures governing asylum or refugee status. The government handles asylum requests on an ad hoc basis.

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.

Elections and Political Participation

Recent Elections: In the 2014 elections, the Antigua and Barbuda Labor Party won 14 of 17 seats in the House of Representatives and took over the government. The then incumbent United Progressive Party won three seats. The Organization of American States observer group reported the elections were generally free and fair.

Participation of Women and Minorities: No laws limit the participation of women and/or members of minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials. There were several reports of government corruption during the year. Both political parties frequently accused the other of corruption, but investigations yielded few or no results.

Corruption: Several media outlets reported that representatives of Odebrecht, a Brazilian international company, allegedly bribed the prime minister through an ambassador not to cooperate with Brazilian authorities in the Car Wash bribery investigation underway in Brazil.

Financial Disclosure: The law requires public officials to disclose all income, assets, and personal gifts in a confidential report to the Integrity Commission. Critics stated the legislation was inadequately enforced and the act should be strengthened. The commission, required by law to have three members, had only one member, who critics alleged was allied with the government.

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

Government Human Rights Bodies: There is an ombudsman position, an independent authority appointed by parliament, to handle complaints regarding police and other government offices and officials; however, no ombudsman was appointed after the term of the previous ombudsman expired in 2014. The Office of the Ombudsman was unable to take complaints and could only offer advice or refer citizens to other offices.

Women

Rape and Domestic Violence: Rape of women is illegal and carries sentences ranging from 10 years’ to life imprisonment. The rape law does not prohibit male rape, but the government used an anti-buggery law to prosecute victims of male rape. The Directorate of Gender Affairs reported the number of rape survivors coming forward increased as a result of a crisis hotline and the directorate’s awareness campaign.

Violence against women, including spousal abuse, continued to be a serious problem. The law prohibits and provides penalties for domestic violence.

New legislation targets perpetrators of domestic violence. Several domestic violence programs provided training for law enforcement officers, health-care professionals, counselors, social workers, immigration officers, and army officers,

Sexual Harassment: The law does not specifically define sexual harassment. According to the Ministry of Labor, there was a high incidence of sexual harassment in the private and public sectors. The labor court requires a safe working environment for all persons, thus enabling the court to address harassment cases, although no such cases were filed during the year.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provides the same legal status and rights for women and men. Legislation requires equal pay for equal work. The labor code stipulates it is unlawful for an employer to discriminate against an individual because of his or her gender.

Children

Birth Registration: Citizenship is acquired by birth in the country, and the government registers all children at birth. Children born to citizen parents abroad can be registered by either of their parents.

Child Abuse: Child abuse remained a serious problem. Neglect was the most common form of child abuse, followed by physical abuse, although according to the press, rape and sexual abuse of children, including of girls as young as eight years of age, was also a problem. In extreme cases the government removes the children from their home and puts them in foster care or into a government or private children’s home.

The government held public outreach events concerning detection and prevention of child abuse and also offered training for foster parents regarding how to detect child abuse and how to work with abused children. The government’s welfare office also provided counseling services for children and parents and often referred parents to the National Parent Counseling Center. A family court handled child abuse cases, providing faster prosecution and more general handling of family and welfare cases. The law governs the investigation and assessment of child abuse cases. It also includes provisions on orders of care and child-care services.

Early and Forced Marriage: The legal minimum age for marriage is 18 years for both men and women. Children between 15 and 18 may marry with parental consent; however, underage marriage was rare.

Sexual Exploitation of Children: The minimum age for consensual sex is 16 years. Authorities brought charges against few offenders. Child pornography is illegal and subject to fines of up to 250,000 eastern Caribbean dollars (XCD) ($92,600) and 10 years in prison.

International Child Abductions: The government is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution contains antidiscrimination provisions, but no specific laws prohibit discrimination against or mandate accessibility for persons with disabilities. There were anecdotal cases of children with disabilities who were unable to take themselves to the restroom and thus were denied entry to school. Additionally, anecdotal evidence suggested support for persons with mental disabilities was lacking. Public areas, including government buildings, often lack wheelchair accessibility. The government improved access to workplaces for persons with disabilities by revising building codes and included disabled persons in youth education programs.

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

Consensual same-sex sexual activity for males is illegal under indecency statutes; however, the law was not strictly enforced. Consensual same-sex sexual conduct between adult men carries a maximum penalty of 15 years.

Although improved, societal attitudes toward homosexuality impeded operation of lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations. The government commenced an initiative to facilitate dialogue between LGBTI groups. There were limited reports of discrimination based on sexual orientation or gender identity in a variety of settings. There were no reports of violence committed against LGBTI persons due to their real or perceived sexual orientation.

HIV and AIDS Social Stigma

Some persons claimed that fear, stigma, and discrimination impaired the willingness of HIV-positive persons to obtain treatment, and HIV-positive persons reported several incidents of discrimination from health-care professionals and police. Anecdotal evidence also suggested employers dismissed and discriminated against employees with HIV/AIDS.

The Ministry of Health supported local NGO efforts to register human rights complaints and seek assistance in cases of discrimination against persons with HIV/AIDS. The ministry also trained a number of health care professionals and police officers in antidiscriminatory practices. The Ministry of Labor encouraged employers to be more sensitive to employees with HIV/AIDS, and the ministry conducted sensitivity training for employers who requested it. The ministry reported that stigmatization of HIV-positive persons, while still a significant problem, had decreased, especially among police.

Other Societal Violence or Discrimination

Rastafarians complained of discrimination, especially in hiring and in schools, but the government took no specific action to address such complaints.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of public- and private-sector workers to form and join independent unions. The law also provides for the right to bargain collectively and conduct legal strikes; there are several restrictions on the right to strike. The law prohibits antiunion discrimination by employers, but it does not specifically require reinstatement of workers illegally fired for union activity.

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, and the government printing office and port authority) must give two weeks’ notice of intent to strike. The International Labor Organization considered the list of essential services to be overly broad by international standards, in particular highlighting the inclusion of the government printing office and port authority. Strikes within the essential‑services sector were rare, but there were strikes within the hospitality and public-works sectors during the year.

If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for all private-sector workers and some government workers. The Industrial Relations Court may issue an injunction against a legal strike when the national interest is threatened or affected. The law prohibits retaliation against strikers.

Freedom of association and the right to collective bargaining were generally respected. There were no reports of antiunion discrimination, nor were any violations reported relating to collective bargaining rights.

Penalties for violating laws range from a minor fine to two months in prison, which were adequate to deter violations. Government enforcement of the right to association and collective bargaining, however, was not always effective at deterring violations. Administrative and judicial procedures were often subject to lengthy delays and appeals.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but there were reports of forced labor, including in domestic service and the retail industry. The government effectively enforced the law. The government amended the labor code to allow the labor inspectorate authority to enter residences to investigate allegations of forced or compulsory labor.

The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. Authorities removed at least one individual from a forced labor situation during the year. The law prescribes penalties of 20 to 30 years’ imprisonment with fines not to exceed $400,000 XCD ($148,150). These penalties were sufficiently stringent to deter violations.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law stipulates a minimum working age of 16 years, although in some circumstances children under 16 are eligible for employment with restrictions. Persons under 18 may not work past 10 p.m., except in certain sectors, and in some cases must have a medical clearance to obtain employment. No list of hazardous work existed for the protection of those under 18.

The law requires the Ministry of Labor to conduct periodic inspections of workplaces, and the ministry effectively enforced the law. The law allows for a small financial penalty or three months in prison for violations, which were adequate to deter violations. The Labor Commissioner’s Office also has an inspectorate that investigates child labor in the formal and informal sectors. The government enforced these laws effectively, and there were no reports of child labor during the year.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation regarding race, color, sex, age, national origin, citizenship, and political beliefs. In general the government effectively enforced the law and regulations. Penalties include a fine and up to 12 months in prison, which were adequate to deter violations. The law does not prohibit employment discrimination on the basis of disability, religion, language, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status, but the government encouraged employers not to discriminate on these grounds. Female migrant workers, who worked mainly in hospitality and industry, reported discrimination. Persons with disabilities faced limited workplace access, and women often received less pay for equal work. There were also anecdotal reports of employment discrimination against employees with HIV/AIDS (see section 6, HIV and AIDS Social Stigma).

e. Acceptable Conditions of Work

The minimum wage was $8.20 XCD ($3.04) an hour for all categories of labor. According to a 2007 Caribbean Development report on poverty–the most recent data available–the official estimate for the poverty income level was $6,320 XCD ($2,340) per annum per capita, when adjustments were made for nonfood expenditures. The great majority of workers earned substantially more than the minimum wage. The customary standard workweek was 40 hours in five days. The law provides that workers are not required to work more than a 48-hour, six-day workweek, and provides for 12 paid annual holidays. The law requires that employees be paid one and one-half times the employees’ basic wage per hour for overtime work. The Ministry of Labor put few limitations on overtime, allowing it in temporary or occasional cases, but did not allow employers to make regular overtime compulsory.

The law includes occupational safety and health provisions, but the government had not developed separate occupational safety and health regulations apart from those regarding child labor. The law does not specifically provide that workers can remove themselves from situations that endanger health or safety without jeopardy to their employment. It does, however, provide the ministry the authority to require special safety measures, not otherwise defined in the law, to be put into place for worker safety.

Labor inspectors from the Ministry of Labor and the Industrial Court were responsible for enforcement in all areas, including the informal sector. The government enforced labor laws, including levying remedies and penalties of up to $5,000 XCD ($1,850) for nonpayment of work. Penalties for illegal overtime were not always effective at deterring labor violations.

The number of labor inspectors was generally sufficient to enforce compliance. Labor inspectors reported that they conducted periodic health and safety checks, as well as checks for working conditions and work permit violations. Nevertheless, workers in construction, mechanics, and agriculture were particularly vulnerable to hazardous working conditions and accidents, especially when working with heavy machinery.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and the government generally respected these provisions. There were occasional claims police and prison officials mistreated suspects in custody; mistreatment of juvenile detainees was a particular concern.

In May a royal commission released an interim report on excessive abuse and unlawful treatment of youth detainees at Alice Springs Youth Detention Center and Aranda House Youth Detention Center in the Northern Territory. The UN Special Rapporteur on Torture, the Human Rights Commission (HRC), and others launched formal complaints against these detention centers. Media revealed in July 2016 that from 2010 until 2015, some juveniles at the Don Dale Detention Center in the Northern Territory were teargassed, physically assaulted, stripped naked, shackled, and hooded. In response, Prime Minister Turnbull announced a joint royal commission into juvenile detention in the Northern Territory, prompting calls for the commission to look into alleged abuses in other states as well.

Also in May a Victoria state Supreme Court judge ruled that the detention of minors in the Barwon maximum security prison for adults since late 2016, albeit in a separate unit, was unlawful. The court also found that prison guards violated the rights of the juveniles who were transferred to Barwon. The youths were reportedly handcuffed when released from their cells for exercise, continuously placed in isolation, and frequently restrained. A total of 28 youths were transferred to Barwon; at the time of the ruling 15 youths were incarcerated in the prison.

In September 2016 media reported abuse in the Cleveland Youth Detention Center in northern Queensland. Queensland Attorney-General Yvette D’Ath subsequently launched an inquiry into other possible cases of abuse in Queensland prisons and detention centers.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: The most recent data from the Australian Institute of Criminology reported 53 prison deaths in 2012-13. Of the 53 deaths, 32 were from natural causes, nine from hanging, five from external/multiple trauma, one from head injury, one from drugs, and one from other/multiple causes. The report excluded four cases due to missing data.

In June 2016 the Queensland Corrective Services minister indicated the increase in prisoner-on-prisoner assaults was “partly due to overcrowding in the state’s prison system.” A November 2016 New South Wales (NSW) Auditor-General’s report found the state’s prisons were operating at 122 percent of capacity.

In April the Department of Corrective Services in Western Australia reported overcrowding in Greenough Regional Prison with detainees forced to sleep on mattresses on cell floors. The Inspector of Custodial Services indicated that the prison was running at 140 percent of its capacity, holding 323 inmates in a prison designed to hold only 232.

As of October there were approximately 1,400 persons in immigration detention facilities in the country and another approximately 2,000 in facilities funded by the Australian Government in Papua New Guinea (Manus Island) and Nauru. The Manus Island Regional Processing Center closed down October 31 pursuant to a Papua New Guinea court decision contesting its legality.

In June the Australian government reached a court settlement with nearly 2,000 refugees and asylum seekers on Manus Island for illegally detaining them in dangerous and hostile conditions. The government claimed that the settlement was not an admission of liability, but media and independent reports revealed those in offshore detention centers were often subjected to sexual and physical abuse by locals and were living in overcrowded and substandard accommodations for prolonged periods. Furthermore, detainees had inadequate access to basic services, including water and hygiene facilities, clothing and footwear, education, and health services.

In October a Sri Lankan asylum seeker committed suicide while receiving treatment for mental illness at Lorengau General Hospital on Manus Island. He was the ninth asylum seeker and sixth on Manus Island to die by unnatural means while in the offshore detention system.

Administration: Authorities investigated allegations of inhuman conditions and documented the results of such investigations in a publicly accessible manner. The government investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted visits by independent human rights observers. There were no reports of intimidation by authorities. A number of domestic and international human rights groups expressed concerns about conditions at immigration detention centers (see above).

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The armed forces, under the minister for defense, are responsible for external security. The Australian Federal Police (AFP)–under the minister for justice–and state and territorial police forces are responsible for internal security. The AFP enforces national laws, and state and territorial police forces enforce state and territorial laws. The Department of Immigration and Border Protection and the Australian Border Force are responsible for migration and border enforcement.

Civilian authorities maintained effective control over the armed forces and police, and the government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police officers may seek an arrest warrant from a magistrate when a suspect cannot be located or fails to appear, but they also may arrest a person without a warrant if there are reasonable grounds to believe the person committed an offense. Police must inform arrested persons immediately of their legal rights and the grounds for their arrest, and must bring arrested persons before a magistrate for a bail hearing at the next session of the court. Twenty-four hours is the maximum investigation period police may hold and question a person without charge, unless extended by court order for up to an additional 24 hours.

In terrorism cases the law permits police to hold individuals in preventive detention without charge or questioning for up to 48 hours under federal law and up to 14 days under state and territory laws if a senior police official finds it is “reasonably necessary to prevent a terrorist act or preserve evidence of such an act.”

If an individual is determined to be a terrorism suspect, police may detain the person for up to seven continuous days and can question the suspect for a maximum period of 24 hours, or 48 hours if an interpreter is needed. A separate provision of law permits the attorney general to grant the Australian Security Intelligence Organization (ASIO) authority to detain a person for a continuous period of up to 168 hours (seven days) in special circumstances, such as where there are “reasonable grounds for believing that issuing the warrant to be requested will substantially assist the collection of intelligence that is important in relation to a terrorism offense.” The ASIO, however, reportedly has not used this authority.

By law the Independent National Security Legislation Monitor helps provide that counterterrorism laws strike an appropriate balance between protecting the community and protecting human rights. The AFP, the Australian Crime Commission, and intelligence agencies are subject to parliamentary oversight. The inspector-general of intelligence and security is an independent statutory officer who provides oversight of the country’s six intelligence agencies.

Bail generally is available to persons facing criminal charges unless authorities consider the person a flight risk or the charges carrying a penalty of 12 months’ imprisonment or more. Authorities granted attorneys and families prompt access to detainees. Government-provided attorneys are available to give legal advice to detainees who cannot afford counsel. Arrested persons enjoy additional legal protections, such as the ability to challenge the lawfulness of their detention and to apply for compensation if unlawfully detained.

Arbitrary Arrest: In December 2016 the government passed legislation allowing courts to hold convicted terrorists up to an additional three years if the courts find that prisoners still pose significant threats to the community. Various human rights organizations criticized the law saying it allows the government to detain prisoners indefinitely and arbitrarily.

In June the Victoria state government increased antiterrorism measures, giving Victoria Police the power to search suspected terrorists and gun crime offenders without warrants. Based on suspicion alone, police are able to impose a firearm prohibition order and search a person, their car and other property without showing “reasonable belief.” Orders can last up to 10 years for adults and five for youths. Those issued with an order have the right to appeal to the Victoria Civil Administrative Tribunal.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government respected judicial independence.

TRIAL PROCEDURES

The law provides for the right to a fair and timely public trial, and an independent judiciary generally enforced this right. In state district and county courts, and in state and territorial supreme courts, a judge and jury try serious offenses. Defendants enjoy a presumption of innocence and cannot be compelled to testify or confess guilt. They have the right to be informed promptly and in detail of the charges, with free interpretation as necessary from the moment charged through all appeals, the right to an attorney, to be present at their trial, and adequate time and facilities to prepare a defense. Government-funded attorneys are available to low-income persons. The defendant’s attorney can question witnesses, present witnesses and evidence, and appeal the court’s decision or the sentence imposed.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, and individuals or organizations may seek civil judicial remedies for human rights violations. There is also an administrative process at the state and federal levels to seek redress for alleged wrongs by government departments. Administrative tribunals may review a government decision only if the decision is in a category specified under a law, regulation, or other legislative instrument as subject to a tribunal’s review.

PROPERTY RESTITUTION

For the resolution of Holocaust-era restitution claims, including by foreign citizens, the government has laws and mechanisms in place. Nongovernmental organizations (NGOs) and advocacy groups reported that the government has taken comprehensive steps to implement these programs.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions. Police have authority to enter premises without a warrant in emergency circumstances.

Although the constitution does not explicitly provide for freedom of speech or press, the High Court has held that the constitution implies a right to freedom of expression, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press.

INTERNET FREEDOM

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

Law enforcement agencies require a warrant to intercept telecommunications, including internet communications.

The Australian Communications and Media Authority (ACMA) maintained a list of “refused classification” website content, primarily pertaining to child pornography, sexual violence, and other activities illegal in the country, compiled through a consumer complaints process. The ACMA may issue a notice to the internet service provider to remove domestically hosted “refused classification” material, or links to such material, that is the subject of a complaint if an investigation concludes the complaint is justified. The list is available to providers of filtering software. An owner or operator of such a website can appeal an ACMA decision to the Administrative Appeals Tribunal, an executive body that reviews administrative decisions by government entities.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

Although the freedoms of peaceful assembly and association are not codified in law, the government generally respected these rights.

c. Freedom of Religion

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

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

Abuse of Migrants, Refugees, and Stateless Persons: In April Senate Standing Committees released findings from a seven-month inquiry into allegations of serious abuse in the detention centers on Manus Island and Nauru. The inquiry documented evidence that asylum seekers were exposed to physical violence, sexual assault, medical neglect leading to death, and collected “indisputable” evidence of corresponding widespread mental health problems that led to self-harm. Members of parliament on the committee dismissed the report as “politically motivated.”

PROTECTION OF REFUGEES

Refoulement: In February the UN High Commissioner for Refugees (UNHCR) reported that immigration authorities in Australia and offshore detention centers forcibly deported refugees and asylum seekers and employed intimidation tactics so that detainees would voluntarily choose to return to their countries of origin. There were no reports of persecution or torture for returned refugees or asylum seekers, but NGOs and UNHCR believe it to be a possibility.

Access to Asylum: The law provides for granting of asylum or refugee status. The government maintains a humanitarian refugee program that includes several types of visas available to refugees for resettlement in the country. UNHCR identifies and refers the majority of applicants considered under the program.

The law authorizes the immigration minister to designate a country as a regional offshore processing center. Parliament must be notified and then has five days to reject the proposed designation. Asylum seekers transferred to third countries for regional processing have their asylum claims assessed by the country in which the claim is processed. Per this law, in 2013 the government entered into Regional Resettlement Arrangements with Papua New Guinea and Nauru to send all unauthorized maritime arrivals to those countries for assessment and resettlement of those found to be refugees.

Processing of asylum seekers in Papua New Guinea and Nauru has applied to unauthorized maritime arrivals seeking asylum since July 19, 2013. In some cases, unauthorized arrivals determined not to be refugees that made it to Christmas Island, a small Australian island approximately 300 miles south of Jakarta, were sent to Sri Lanka with the cooperation of the Sri Lankan government. Authorities also occasionally forced intercepted boats carrying smuggled persons back into the territorial waters of their country of embarkation when safe to do so.

In addition to the asylum seekers being processed out of country, as of December 2016, 29,590 asylum seekers were living in country while authorities processed their cases.

By law the government must facilitate access to legal representation for persons in immigration detention. Access to government-funded legal assistance is available only to those that arrived through authorized channels.

In July Immigration Minister Peter Dutton stated that no refugee in Papua New Guinea or Nauru, including persons with close family ties to Australia, would be resettled in Australia. Representatives from UNHCR accused the Australian Government of breaking its promise to accept refugees with close family ties.

In April 2016 the supreme court of Papua New Guinea ruled that the Manus Island regional processing center was illegal and unconstitutional. In May 2017 immigration officials began notifying asylum seekers that parts of the center will begin closing down. Also in May the Australian Immigration Minister stated that the center would be shut down entirely by the end of October and the remaining asylum seekers moved to transit centers in Lorengau or transferred to Nauru. In August hundreds of asylum seekers protested their planned eviction from the regional processing center. There were no plans to shut down the center in Nauru. A number of asylum seekers were granted refugee status by the governments of Papua New Guinea and Nauru.

Durable Solutions: The government accepted refugees for resettlement from third countries and funded refugee resettlement services. The Humanitarian Settlement Services program provided case-specific assistance that included finding accommodation, employment programs, language training, registering for income support and health care, and connecting with community and recreational programs.

Temporary Protection: The law permits issuance of three-year temporary protection visas (TPV) for asylum seekers who arrived between August 13, 2012 and December 31, 2013 and introduced a “fast-track” assessment process for those who arrived during this period. It also establishes a Safe Haven Enterprise Visa (SHEV) that enables TPV holders to apply for five-year visas to work in non-metropolitan areas. After holding a SHEV for three and a half years, an applicant is eligible to apply for other onshore visas, such as a permanent skilled visa.

The constitution and law provide citizens the ability to change their government through free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Voting is mandatory.

Elections and Political Participation

Recent Elections: The government held a free and fair federal parliamentary election in 2016. Voters re-elected the Liberal-National Party Coalition government and Malcolm Turnbull remained prime minister. The coalition won 76 seats in the 150-seat House of Representatives, the Labor Party 69, and others five.

Participation of Women and Minorities: No laws limit participation or women and/or members of minorities in the political process, and they did participate.

Indigenous persons and other minorities generally were underrepresented relative to their share of the population. Voters elected the first indigenous woman to the House of Representatives in 2016.

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

All states except Tasmania have anticorruption bodies that investigate alleged government corruption, and every jurisdiction has an ombudsperson who investigates and makes recommendations in response to complaints about government decisions. These bodies actively collaborated with civil society, operated independently and effectively, and had adequate resources.

The Northern Territory government does not have an independent watchdog with sufficient power to investigate politicians and their staffers for corruption and misconduct. The Australian Capital Territory and Tasmania are the only other jurisdictions without anticorruption entities.

Financial Disclosure: The law requires all federal, state, and territory elected officials to report their financial interests. Failure to do so could result in a finding of contempt of parliament and a possible fine or jail sentence. Federal officeholders must report their financial interests to a Register of Pecuniary Interests, and the report made public within 28 days of the individual’s assumption of office.

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government enforced the law effectively. The laws of individual states and territories provide the penalties for rape. Maximum penalties range from 12 years’ to life imprisonment, depending on the jurisdiction and aggravating factors.

The law prohibits violence against women, including domestic abuse, and the government enforced the law. Violence against women remained a problem, particularly in indigenous communities.

Females were more likely than males to be victims of domestic violence, including homicide, across all states and territories. A 2015 policy initiative to address domestic violence included A$100 million ($75 million) for federal and state government programs to provide support for victims, including funding for numerous women’s shelters. Police received training in responding to domestic violence. Federal, state, and territorial governments collaborated on the National Plan to Reduce Violence against Women and their Children 2010-22, the first effort to coordinate action at all levels of government to reduce violence against women. In October 2016 the Third Action Plan 2016-2019 of the National Plan set 36 practical actions in six priority areas.

Female Genital Mutilation/Cutting (FGM/C): FGM/C occurred infrequently. The practice is a criminal act in all states and territories of the country, and these laws apply extraterritoriality to protect citizens or residents from being subjected to FGM/C overseas. Penalties vary greatly across states and territories, ranging from imprisonment from seven to 21 years.

During the year the Australian Pediatric Surveillance unit at Westmead Children’s Hospital in Sydney reported that pediatricians and health officials saw nearly 60 girls with FGM/C since 2010, many having undergone the most severe form of FGM/C.

Sexual Harassment: The law prohibits sexual harassment. Complaints of sexual harassment can lead to criminal proceedings or disciplinary action against the defendant and compensation claims by the plaintiff. The HRC receives complaints of sexual harassment as well as sex discrimination. The penalties vary across states and territories.

An independent review of the Victoria Police Department released in 2015 found workplace sexual harassment to be an endemic problem despite more than 30 years of legislation prohibiting sex based discrimination. The review found evidence of chronic underreporting with victims afraid of negative professional and personal consequences resulting from making a complaint.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provided for the same legal status and rights for women as for men, including under laws related to family, religion, personal status, labor, property, nationality, and inheritance, as well as employment, credit, pay, owning and/or managing businesses, education, and housing. Employment discrimination against women occurred, and there was a much-publicized “gender pay gap” (see section 7.d.).

Children

Birth Registration: Children are citizens if at least one parent is a citizen or permanent resident at the time of the child’s birth. Children born in the country to parents who are not citizens or permanent residents acquire citizenship on their 10th birthday, if they lived the majority of their life within the country. Failure to register does not result in denial of public services. In general births were registered promptly.

Child Abuse: State and territorial child protection agencies investigate and initiate prosecutions of persons for child neglect or abuse. All states and territories have laws or guidelines that require members of certain designated professions to report suspected child abuse or neglect. The federal government’s role in the prevention of child abuse includes funding for research, carrying out education campaigns, developing action plans against commercial exploitation of children, and funding community-based parenting programs.

During the year the Royal Commission into Institutional Responses to Child Sexual Abuse released its final recommendations on what institutions and governments should do to address child sexual abuse and ensure justice for victims. As of October 25, the Royal Commission has not submitted its final report to the Governor-General.

The rate of indigenous children on care and protection orders was nearly seven times greater than the nonindigenous rate.

In 2016 the United Nations investigated dozens of incidents at schools in which children with disabilities were allegedly assaulted, locked in dark rooms, and restrained. Despite education department rules that allow such measures to be used only as a “last resort,” reports show that teachers regularly grabbed schoolchildren by their wrists, held their arms behind their backs, forcibly pinned them to ground, and locked them in small, dark rooms.

Early and Forced Marriage: The legal minimum age of marriage is 18 for both boys and girls. A person between 16 and 18 years may apply to a judge or magistrate in a state or territory for an order authorizing marriage to a person who has attained 18 years, but the marriage of the minor still requires parental or guardian consent. Two persons younger than 18 years may not marry each other; reports of marriages involving a person younger than 18 years were rare. The government reported an increase in the number of forced marriage investigations, but the practice remains rare.

Sexual Exploitation of Children: The law provides for a maximum penalty of 25 years’ imprisonment for commercial sexual exploitation of children, and the law was effectively enforced. There were documented cases of children younger than 18 years subjected to commercial sexual exploitation.

The law prohibits citizens and residents from engaging in, facilitating, or benefiting from sexual activity with children overseas who are younger than 16 years and provides for a maximum sentence of 17 years’ imprisonment for violations. The government continued its awareness campaign to deter child sex tourism through distribution of pamphlets to citizens and residents traveling overseas.

The legal age for consensual sex ranges from 16 to 18 by state. Penalties for statutory rape vary across jurisdictions. Defenses include reasonable grounds for believing the alleged victim was older than the legal age of consent and situations in which the two persons are close in age.

All states and territories criminalize the possession, production, and distribution of child pornography. Maximum penalties for these offenses range from four to 21 years’ imprisonment. Federal laws criminalize using a “carriage service” (for example, the internet) for the purpose of possessing, producing, and supplying child pornography. The maximum penalty for these offenses is 10 years’ imprisonment, a fine of A$275,000 ($206,000), or both. Under federal law suspected pedophiles can be tried in the country regardless of where the crime was committed.

The government largely continued federal emergency intervention measures to combat child sexual abuse in aboriginal communities in the Northern Territory. These measures included emergency bans on sales of alcohol and pornography, restrictions on the payment of welfare benefits in cash, linkage of support payments to school attendance, and medical examinations for all indigenous children younger than 16 in the Northern Territory.

While public reaction to the interventions remained generally positive, some aboriginal activists asserted there was inadequate consultation and the measures were racially discriminatory, since nonindigenous persons in the Northern Territory were not initially subject to such restrictions.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. For information see the Department of State’s report on compliance at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

According to the 2011 census, the country’s Jewish community numbered 97,300 persons. During the 12-month period ending on September 30, 2016, the nongovernmental Executive Council of Australian Jewry reported 210 anti-Semitic incidents logged by the council, Jewish community umbrella groups in each state, and the Australian Capital Territory, and community security groups. These incidents included vandalism, threats, harassment, and physical and verbal assaults.

In May unknown persons spray-painted swastikas on a playground near a synagogue in Canberra and were reported to local police. Canberra City Services removed the graffiti in August.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government effectively enforced the law.

The disability discrimination commissioner of the HRC promotes compliance with federal and state laws that prohibit discrimination against persons with disabilities. The law also provides for HRC mediation of discrimination complaints, authorizes fines against violators, and awards damages to victims of discrimination.

Schools are required to comply with the Disability Discrimination Act, and children with disabilities generally attended school. The government provided funding for early intervention and treatment services and cooperated with state and territorial governments that ran programs to assist students with disabilities.

In May 2016 two deaf Australians in NSW could not perform their jury duties because the NSW Sheriff’s Office denied them access to sign language interpreters and real-time steno-captioning services, citing cost burdens and jury confidentiality as reasons.

National/Racial/Ethnic Minorities

Of complaints received by the HRC under the Racial Discrimination Act during 2015-16, 21 percent involved employment, 18 percent involved provision of goods and services, and 15 percent alleged “racial hatred.” Of the remaining 46 percent, two percent involved education, two percent involved housing, one percent involved “access to places,” and 41 percent was listed as “other.”

In August 2016 a Sydney resident was the victim of a racist attack near Macquarie University in which the aggressor demanded she take off her niqab and called her a terrorist. The NSW court fined the aggressor A$750 ($596) and ordered supervision by Community Corrections.

Indigenous People

Aboriginals and Torres Strait Islanders constitute the country’s indigenous population. Despite federal and state government initiatives, indigenous people and communities continued to have high incarceration rates, high unemployment rates, relatively low levels of education, and high incidences of domestic and family violence, substance abuse, and limited access to health services in comparison with other groups. The Ministry for Indigenous Affairs has responsibility for policy and programs related to indigenous peoples and communities. The prime minister reports annually to parliament on the government’s progress on eliminating indigenous inequalities.

Indigenous groups hold special collective native title rights in limited areas of the country and federal and state laws enable indigenous groups to claim unused government land. Indigenous ownership of land was predominantly in nonurban areas. Indigenous-owned or -controlled land constituted approximately 20 percent of the country’s area (excluding native title lands) and nearly 50 percent of the land in the Northern Territory. The National Native Title Tribunal resolves conflicts over native land title applications through mediation and acts as an arbitrator in cases where the parties cannot reach agreement about proposed mining or other development of land. Native title rights do not extend to mineral or petroleum resources and, in cases where leaseholder rights and native title rights are in conflict, leaseholder rights prevail but do not extinguish native title rights.

As part of the intervention to address child sexual abuse in Northern Territory indigenous communities (see section 6, Children), the Indigenous Advancement Strategy allowed the government to administer directly indigenous communities. The strategy and a number of other programs provide funding for indigenous communities.

According to the Australia Bureau of Statistics (ABS), while indigenous people make up less than three percent of the total population, they constitute 27 percent of the full-time adult prison population. Nearly half of the imprisoned indigenous persons were serving sentences for violent offenses. Indigenous youth make up 64 percent of Queensland’s juvenile detainees, despite accounting for just eight percent of the state’s population aged between 10 and 17.

The ABS reported in 2016 that indigenous individuals experienced disproportionately high levels of domestic violence, with hospitalization for family-related assault 28 times more likely for indigenous men and 34 times more likely for indigenous women than the rest of the country’s population.

The HRC has an Aboriginal and Torres Strait Islander social justice commissioner.

According to a May Office of the United Nations High Commissioner for Human Rights report, although the government adopted numerous policies to address the socio-economic disadvantage of indigenous peoples, it still fails to respect their rights to self-determination and full and effective participation in society.

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

There are no laws criminalizing consensual same-sex sexual conduct between adults. Discrimination based on sexual orientation and gender identity is prohibited by law in a wide range of areas, including in employment, housing, family law, taxes, child support, immigration, pensions, care of elderly persons, and social security.

The law provides protections against discrimination based on sexual orientation, gender identity, and intersex status.

The HRC received 54 complaints of discrimination based on sexual orientation, 29 on gender identity, and two on intersex during 2015-16.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions and associate freely domestically and internationally, to bargain collectively and to conduct legal strikes. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

The law requires that employers act in “good faith” when a majority of employees want a collective agreement, although it places some restrictions on the scope of collective bargaining. Prohibited terms include requiring payment of a bargaining services fee, enabling an employee or employer to “opt out” of coverage of the agreement, and anything that breaches the law. Furthermore the law prohibits multi-enterprise agreements or “pattern bargaining,” although low-paid workers can apply for a “low-paid bargaining stream” to conduct multi-enterprise bargaining. When deciding whether to grant a low-paid authorization, the Fair Work Commission (FWC) looks at factors including the current terms and conditions of employment, the bargaining strength of employees, and whether employers and employees are bargaining for the first time. A bargaining agent may represent either side in the process. The law designates collective agreements as being between employers and employees directly; trade unions are the default representatives of their members but, with some exceptions, are not official parties to collective agreements.

The law restricts strikes to the period when unions are negotiating a new enterprise agreement and specifies that strikes must concern matters under negotiation, known as “protected action.” Protected action provides employers, employees, and unions with legal immunity from claims of losses incurred by industrial action. Industrial action must be authorized by a secret ballot of employees; unions continued to raise concerns this requirement was unduly time consuming and expensive to implement. The law subjects strikers to penalties for taking industrial action during the life of an agreement and prohibits secondary action (e.g., a sympathy strike). The law permits the government to stop strikes judged to have “significant economic harm” to the employer or third parties. Some provinces have further restrictions. For example, in NSW the state government may cancel a union’s registration if the government makes a proclamation or calls a state of emergency concerning an essential service and the “industrial organization whose members are engaged in providing the essential service has, by its executive, members, or otherwise, engaged in activities which are contrary to the public interest.”

The government effectively enforced applicable laws, including federal, state, and territorial laws, regulations, and statutory instruments. Penalties for violations of freedom of association and collective bargaining protections for individuals and for corporations were generally sufficient to deter violations. The FWC is the national independent industrial relations management institution. Its functions include facilitating dispute resolution. If there is a dispute, the FWC convenes a conference between parties to facilitate a resolution. If the conference is unsuccessful, the parties may elect the FWC to arbitrate the dispute, or the applicant may pursue a ruling by a federal court. An applicant may also pursue a court ruling if one or both parties do not agree to participate in the FWC conference.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by migrant workers.

The government effectively enforced applicable labor laws, but did not obtain any successful prosecutions of criminal laws prohibiting forced labor during the year. The majority of forced labor cases, however, were addressed through civil law. The law provides for sufficiently stringent penalties against forced labor commensurate with those prescribed for other serious crimes.

There were reports some foreign nationals, who came to the country for temporary work, were subjected to forced labor in such sectors as agriculture, cleaning, construction, hospitality, and domestic service.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

There is no federally mandated minimum age of employment. State minimums vary from no minimum age to 15 years. With the exception of Victoria, all states and territories have established 18 years as the minimum age for hazardous work.

There are laws and regulations pertaining to hazardous work across sectors. For example, under the law in Western Australia, an underground worker may not be younger than 18 unless he or she is an apprentice or a cadet working underground to gain required experience; a person handling, charging, or firing explosives may not be younger than 18; and a person may not be younger than 21 to obtain a winding engine driver’s certificate.

Federal, state, and territorial governments effectively monitored and enforced laws, which varied among jurisdictions, governing the minimum age for leaving school and engaging in specified occupations. Penalties for violations of related laws included fines, and were sufficient to deter violations.

The Office of the Fair Work Ombudsman (FWO) actively sought to educate young workers about their rights and responsibilities. State-imposed compulsory educational requirements, enforced by state educational authorities, effectively prevented most children from joining the workforce full time until they were 17 years old. Although some violations of these laws occurred, there was no indication of a child labor problem in any specific sector. There were some reports of commercial sexual exploitation of children (see section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/  for information on the Australian territories of Christmas Island, Cocos (Keeling) Island, and Norfolk Island.

d. Discrimination with Respect to Employment and Occupation

Federal, state, and territory laws provide for protections against employment discrimination based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation and/or gender identity, age, language, and HIV or other communicable disease status. The HRC reviews complaints of discrimination on the ground of HIV/AIDS status under the category of disability-related complaints.

The law requires organizations with 100 or more employees to establish a workplace program to remove barriers to women entering and advancing in their organization. The law also prohibits discrimination against employees based on family responsibilities, including breastfeeding, and requires equal pay for equal work. The government continued efforts to encourage persons under the Disability Support Pension (DSP) program to enter the workforce when they have the capacity to do so, including by requiring compulsory workforce activities for DSP recipients younger than 35 years who can work for more than eight hours per week.

The government effectively enforced laws prohibiting employment discrimination, and penalties were sufficient to deter violations.

Employment discrimination against women, indigenous persons, and persons with disabilities occurred. According to the government’s Workplace Gender Equality Agency, the full-time gender pay gap was 14.7 percent.

Persons with disabilities also faced employment discrimination. In 2015-16, the latest year for which such data were available, approximately 44 percent of the complaints about disability discrimination received by the HRC were in the area of employment.

e. Acceptable Conditions of Work

Effective July 1 the FWC increased the national minimum wage for adults working full time (38 hours per week) by 2.4 percent to A$672.70 ($500), based on a minimum hourly rate of A$17.70 ($13.30). There was no official estimate of the poverty income level.

By law maximum weekly hours are 38 plus “reasonable” additional hours (determined according to the law, taking into account factors such as an employee’s health, family responsibilities, ability to claim overtime, pattern of hours in the industry, and amount of notice given). An employee may refuse to work overtime if the request is “unreasonable” considering the aforementioned factors.

Federal or state occupational health and safety laws apply to every workplace, including in the informal economy. Some states have harmonized their laws with federal occupational health and safety laws to make it easier for workers and businesses to understand requirements across different states and territories. By law, both employers and workers are responsible for identifying health and safety hazards in the workplace. Workers can remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law includes an antibullying provision. The law also enables workers who are pregnant to transfer to a safe job regardless of their time in employment.

The government effectively enforced laws related to minimum wage, hours of work, and occupational safety and health. The FWO provides employers and employees advice on their rights and has authority to investigate employers alleged to have exploited employees unlawfully. The ombudsperson also has authority to prosecute employers who do not meet their obligations to workers. FWO inspectors may enter work sites if they reasonably believe it is necessary to ensure compliance with the law. The number of FWO inspectors was sufficient to enforce compliance. Inspectors can order employers to compensate employees and sometimes assess fines. Penalties were generally sufficient to deter violations. However, there were some reports violations continued in sectors employing primarily migrant workers.

Workers exercised their right to a safe workplace and had recourse to state health and safety commissions, which investigate complaints and order remedial action. Each state and territory effectively enforced its occupational health and safety laws through dedicated bodies that have powers to obtain and initiate prosecutions, and unions used right-of-entry permits to investigate concerns. In NSW, for example, an individual can be sentenced a maximum of five years’ imprisonment and/or receive a maximum fine of A$300,000 ($238,200), and a business can be fined up to A$3 million ($2.4 million) for exposing an individual to serious injury or illness. In 2015 a worker died in NSW after bring pinned between material on a forklift and a wall. After a SafeWork NSW investigation, the employer was fined A$375,000 ($297,750).

Most workers received higher compensation than the minimum wage through enterprise agreements or individual contracts. Temporary workers include both part-time and casual employees. Part-time employees have set hours and the same entitlements as full-time employees. Casual employees are employed on a daily or hourly wage basis. They do not receive paid annual or sick leave, but the law mandates they receive additional pay to compensate for this, which employers generally respected. Migrant worker visas require that employers respect employer contributions to retirement funds and provide bonds to cover health insurance, worker’s compensation insurance, unemployment insurance, and other benefits.

There continued to be reports of employers exploiting immigrant and foreign workers.

In July a Federal Circuit Court fined a Queensland company for violating recordkeeping and pay slip laws relating to vulnerable foreign workers. As part of the FWO’s Harvest Trail inquiry into the exploitation of overseas workers in the agricultural sector, the FWO made it easier for migrant workers to anonymously report workplace issues by launching the Anonymous Report function in 16 languages.

During the year the Queensland farm lobby group Growcom secured A$800,000 ($634,848) from the Fair Work Ombudsman Community Grants program to train employers in ethical labor hiring practices. Part of the grant will be used to develop a new national “ethical labor” certification for farmers who want to prove they are not exploiting their workers following reports in recent years of farmers underpaying and mistreating seasonal foreign workers.

There were reports some individuals under “457” employer-sponsored, skilled-worker visas received less pay than the market rate and were used as less expensive substitutes for citizen workers. The government improved monitoring of “457” sponsors and information sharing among government agencies, particularly the Australian Tax Office. Employers must undertake “labor market testing” before attempting to sponsor “457” visas. A 417 “Working Holiday” visa-holder Inquiry recently found the requirement to do 88 days of specified, rural paid work in order to qualify for a second-year visa enabled some employers to exploit overseas workers.

The Financial Sector Union (FSU) reported that the Commonwealth Bank (CBA) refused to make mandatory retirement pension contribution payments for more than 7,000 part-time workers. The CBA underpaid part-time staff for work in branches, call centers, and administration areas with set hours each week. According the FSU, almost 90 percent of the estimated 7,000 workers affected were women and among the lowest-paid workers at the CBA. In March the CBA agreed to reimburse the unpaid sums.

According to Safe Work Australia, the government agency responsible to develop and coordinate national workplace health and safety policy, a preliminary estimate was that 120 workers died while working during the year. Of these fatalities, 47 were in the transport, postal, and warehousing sectors; 27 in the agriculture, forestry, and fishing sectors; and 23 in construction.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were some reports that police used excessive force with detainees and psychiatric patients.

The government investigated allegations of such practices and prosecuted cases in which credible evidence existed. In July authorities suspended two police officers from duty and accused them of abuse of office after one of them was found to have slapped a homeless person in the face, and the other officer did not report the incident.

Prison and Detention Center Conditions

Physical Conditions: In its November 2015 report, the Council of Europe’s Committee for the Prevention of Torture (CPT) expressed “serious concern” about the almost total lack of medical confidentiality in all the establishments visited and the fact that prison officers with only basic health care training performed health-related tasks normally reserved for qualified nurses.

Independent Monitoring: Human rights groups continued to criticize the incarceration of nonviolent offenders, including persons awaiting deportation, in single cells or inadequate facilities designed for temporary detention.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The federal police maintain internal security and report to the Ministry of the Interior. The army is responsible for external security but also has some domestic security responsibilities and reports to the Defense Ministry. The criminal courts are responsible for investigating police violations of the law. There were no reports of impunity involving the security forces during the year.

Civilian authorities maintained effective control over the federal police and army, and the government had effective mechanisms to investigate and punish abuse and corruption. For example, the Human Rights Advisory Council and the federal ombudsmen monitor police respect for human rights and make recommendations as needed to the minister of the interior.

Nongovernmental organizations (NGOs) continued to criticize the police for allegedly targeting minorities for frequent identity checks. Racial sensitivity training for police and other officials continued with NGO assistance.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities base arrests on sufficient evidence and legal warrants issued by a duly authorized official. Authorities bring the arrested person before an independent judiciary. In criminal cases, the law allows investigative or pretrial detention for no more than 48 hours, during which time a judge may decide to grant a prosecution request for extended detention. The law specifies the grounds for investigative detention and conditions for bail. There were strict checks on the enforcement of pretrial detention restrictions and bail provisions, and a judge is required to evaluate investigative detention cases periodically. The maximum duration for investigative detention is two years. There is a functioning bail system. Police and judicial authorities generally respected these laws and procedures. There were isolated reports of police abuse, which authorities investigated and, where warranted, prosecuted.

Detainees have the right to a lawyer. Although indigent criminal suspects have the right to an attorney at government expense, the law requires appointment of an attorney only after a court decision to remand such suspects into custody (96 hours after apprehension). Criminal suspects are not legally required to answer questions without an attorney present. Laws providing for compensation for persons unlawfully detained were enforced.

In its 2015 report, the CPT found it unacceptable that authorities were continuing the practice of subjecting juveniles, some as young as 14, to police questioning and asking them to sign statements without a lawyer or a trusted person present. The report also noted that indigent persons could not usually benefit from the presence of a lawyer during police questioning.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested on criminal charges are entitled to challenge the arrest in court and can obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right.

The law presumes persons charged with criminal offenses are innocent until proven guilty; authorities inform them promptly and in detail of the charges. Trials must be public and conducted orally; defendants have the right to be present at their trial. Attorneys are not mandatory in cases of minor offenses, but legal counsel is available at no charge for needy persons in cases where attorneys are mandatory. The law grants defendants and their attorneys adequate time and facilities to prepare a defense. Defendants can confront or question witnesses against them and present witnesses and evidence on their own behalf. Free interpretation is available from the moment a defendant is charged, through all appeals. Suspects cannot be compelled to testify or confess guilt. A system of judicial review provides multiple opportunities for appeal.

The law extends the above rights to all defendants regardless of sex, gender, race, ethnicity, age, religion, or mental or physical disability.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, including an appellate system. These institutions are accessible to plaintiffs seeking damages for human rights violations. Administrative and judicial remedies were available for redressing alleged wrongs. Individuals and organizations may appeal domestic decisions to regional human rights bodies.

PROPERTY RESTITUTION

For the resolution of Holocaust-era restitution claims, including by foreign citizens, the government has laws and mechanisms in place. Property restitution also includes an art restitution program. NGOs and advocacy groups reported that the government has taken comprehensive steps to implement these programs.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions.

The constitution provides for freedom of speech and 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 speech and the press.

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The government strictly enforced these laws. In January a court in Vienna convicted a 78-year-old man who had called women wearing burkas “garbage bags” on his website to a five-month suspended prison sentence on charges of incitement (see also section 6, Anti-Semitism).

Press and Media Freedom: Independent media were active and expressed a wide variety of views. A significant curb on media freedom is that the law prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals, and provides criminal penalties for violations. The government strictly enforced these laws (see section 6, Anti-Semitism).

Libel/Slander Laws: Strict libel and slander laws created conditions that discouraged reporting of governmental abuse. For example, many observers believed the ability and willingness of police to sue for libel or slander discouraged individuals from reporting police abuses.

INTERNET FREEDOM

With limited exceptions, the government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Authorities continued to restrict access to websites containing information that violated the law, such as neo-Nazi sites. The law barring neo-Nazi activity provides for one- to 10-year prison sentences for public denial, belittlement, approval, or justification of National Socialist crimes. The criminal code provision on incitement provides for prison sentences of up to five years. Authorities restricted access to prohibited websites by trying to shut them down and by forbidding the country’s internet service providers from carrying them.

According to the International Telecommunication Union, approximately 84 percent of the population used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

c. Freedom of Religion

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

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

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

Abuses of Migrants, Refugees, and Stateless Persons: In rare cases, authorities detained unsuccessful applicants for asylum pending deportation. Some NGOs criticized the government for protracted detention in such cases. The government provided free legal counsel for persons awaiting deportation.

In-country Movement: Asylum seekers’ freedom of movement was restricted to the district of the reception center where authorities assigned them for the duration of their initial application process until the country’s responsibility for examining the application was determined. By law, asylum seekers must be physically present in the centers of first reception for up to 120 hours during the initial application process. Authorities have 20 days in which to determine the country’s responsibility and jurisdiction for the case.

PROTECTION OF REFUGEES

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.

The number of asylum applications dropped further during the year, after they had already decreased significantly in 2016 compared with a record high in 2015. According to the Interior Ministry, between January and August, there were 17,095 asylum applications.

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit. In response to a ruling by the European Court of Human Rights and recommendations of the UN special rapporteur on torture, the government in 2011 effectively halted the return of asylum seekers to Greece, but resumed returns to Greece in August. This practice remained in effect during the year. The Federal Administrative Court ruled that deportations to Hungary would also have to be examined on an individual basis due to the possibility of human rights abuses there.

Employment: While asylum seekers are legally restricted from seeking regular employment, they are eligible for seasonal employment, low-paying community service jobs, or professional training in sectors that require additional apprentices. A work permit is required for seasonal employment but not for professional training. An employer must request the work permit for the employee.

Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with UNHCR and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinate measures for integration of refugees. The country has a resettlement program in place for Syrian refugees. The country has bilateral agreements with several countries on implementing the return of rejected asylum seekers.

Temporary Protection: According to the Interior Ministry, in 2016 the government provided temporary protection to 3,451 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and August, the government provided temporary protection to 4,990 individuals.

STATELESS PERSONS

According to the government’s statistical office, in January there were 13,219 persons in the country registered as stateless; that is, having undocumented or unclear citizenship. Stateless persons in the country were largely Austrian-born children of foreign nationals who were unable to acquire citizenship through their parents due to the laws in their parents’ country of origin. Authorities did not deport them because they lacked a home country. The law allows some stateless persons to gain nationality. A stateless person born in the country may be granted citizenship within two years of reaching age 18 if he or she has lived in the country for a total of 10 years, including five years continuously before application, and is able to demonstrate sufficient income. Stateless persons could receive temporary residence and work permits that must be renewed annually.

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.

Elections and Political Participation

Recent Elections: The country held early parliamentary elections on October 15 and presidential elections in 2016. There were no reports of serious abuse or irregularities in the October 15 election, and credible observers considered both the October 15 and the 2016 election free and fair.

Participation of Women and Minorities: No laws limit the participation of women and/or members of minorities in the political process, and women and minorities did participate.

The law provides criminal penalties for corruption by officials, and anticorruption laws and regulations extend to civil servants, public officials, governors, members of parliament, and employees or representatives of state-owned companies. The government generally implemented the law effectively. The law criminalizes corrupt practices by citizens outside the country. The penalty for bribery is up to 10 years in prison.

Corruption: On April 20, the government indicted former finance minister Karl-Heinz Grasser and 15 others on embezzlement and corruption charges in connection with the 2.45 billion euro ($2.9 billion) auction sale of 62,000 state-owned apartments in 2004. Prosecutors alleged that information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties. The trial started in December.

Financial Disclosure: Public officials are subject to financial disclosure laws, and there were no reports officials failed to comply with disclosure requirements. Politicians must and do publicly disclose biannually when they earn more than 1,142 euros ($1,370) for certain activities, but they are not required to disclose the amounts earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

Women

Rape and Domestic Violence: Rape, including spousal rape, is punishable by up to 15 years’ imprisonment. The government generally enforced the law. Law enforcement response to rape and domestic violence was effective. Women’s NGOs estimated charges were filed in 10 percent of rape cases and only 13 percent of those led to convictions, due to lack of credible evidence.

Domestic violence is punishable under the criminal code provisions for murder, rape, sexual abuse, and bodily injury. Police can issue, and courts may extend, an order barring abusive family members from contact with survivors.

Under the law, the government provided psychosocial care in addition to legal aid and support throughout the judicial process to survivors of gender-based violence. Police training programs addressed sexual or gender-based violence and domestic abuse. The government funded privately operated intervention centers and hotlines for victims of domestic abuse.

Sexual Harassment: The law prohibits sexual harassment, and the government generally enforced the law. Labor courts may order employers to compensate victims of sexual harassment; the law entitles a victim to a minimum of 1,000 euros ($1,200) in compensation. The women’s ministry and the labor chamber regularly provided information to the public on how to address sexual harassment.

Coercion in Population Control: Coerced abortion, involuntary sterilization, or other coercive population control methods did not occur. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Women enjoy the same legal rights as men but were subject to discrimination in employment and occupation.

Children

Birth Registration: By law, children derive citizenship from one or both parents. Officials register births immediately.

Child Abuse: Child abuse is punishable by up to five years’ imprisonment, which may be extended to 10 years. Severe sexual abuse or rape of a minor is punishable by up to 20 years’ imprisonment, which may be increased to life imprisonment if the victim dies because of the abuse.

The government continued its efforts to monitor child abuse and prosecute offenders. The Ministry for Economics, Family, and Youth estimated close family members or family friends committed 90 percent of incidents of child abuse. Officials noted a growing readiness to report cases of such abuse.

Early and Forced Marriage: The minimum legal age for marriage is 18. Adolescents between the ages of 16 and 18 may legally contract a marriage by special permit and parental consent or court action. NGOs estimated there were approximately 200 cases of early marriage annually, primarily in the Muslim and Romani communities.

Sexual Exploitation of Children: The law provides up to 15 years’ imprisonment for an adult convicted of sexual intercourse with a child under the age of 14, the minimum age for consensual sex. It is a crime to possess, trade, or privately view child pornography. Possession of or trading in child pornography is punishable by up to 10 years’ imprisonment.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html

Anti-Semitism

According to figures compiled by the Austrian Jewish Community (IKG), there are between 12,000 and 15,000 Jews in the country, of whom an estimated 8,000 were members of the IKG.

The IKG expressed concerns that anti-Semitism remained at a “high but stable” level. The NGO Forum against Anti-Semitism reported 477 anti-Semitic incidents during 2016. These included seven physical assaults in addition to name-calling, graffiti and defacement, threatening letters, dissemination of anti-Semitic texts, property damage, and vilifying letters and telephone calls. Of the reported incidents, 153 involved anti-Semitic internet postings. The government provided police protection to the IKG’s offices and other Jewish community institutions in the country, such as schools and museums. The IKG noted that anti-Semitic incidents typically involved neo-Nazi and other related right-wing extremist perpetrators. The IKG continued to note concerns about anti-Semitism on the part of some members of the Freedom Party (FPOe). In July, FPOe member of parliament Johannes Huebner announced he would not seek reelection in the October parliamentary election, following widespread protests over statements that critics said contained anti-Semitic undertones he had made in 2016 and which had surfaced in July. In a speech on “mass migration to Austria,” he referred to “so-called Holocaust victims” who were criticizing the FPOe.

Bishop Manfred Scheuer resigned as president of the Catholic peace organization Pax Christi, reportedly because of expressions of anti-Semitism within the NGO and at a Pax Christi event.

In January the Supreme Court upheld a preliminary injunction against a publication for slandering Holocaust survivors, forbidding German author Manfred Duswald from calling Mauthausen concentration camp survivors “criminals and a widespread nuisance.” Duswald made the statements in a 2015 article that appeared in the monthly Aula, considered an extreme right-wing publication by the Vienna-based Documentation Center of the Austrian Resistance Movement, an NGO that monitors right-wing extremism. Holocaust survivors and Green party member of parliament Harald Walser submitted a collective lawsuit after a Graz court in early 2016 closed investigations against the paper (under the country’s anti-neo-Nazi law) without legal consequences, sparking protests among the Mauthausen survivors community.

School curricula included discussion of the Holocaust, the tenets of different religious groups, and advocacy of religious tolerance. Chancellor Christian Kern visited Israel to emphasize his country’s responsibility for the “darkest chapters in Austria’s history,” and his country’s commitment to learn from its Nazi past and to combat anti-Semitism. The Education Ministry offered special teacher training seminars on Holocaust education and conducted training projects with the Anti-Defamation League. The cabinet adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism on April 25. On the day of the adoption, Foreign Minister Kurz termed the decision an important signal to identify and combat anti-Semitism more easily, and Jewish Community President Oskar Deutsch described the decision as a “milestone in combatting anti-Semitism.”

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government did not always effectively enforce these provisions. Employment discrimination against persons with disabilities occurred.

While federal law mandates access to public buildings for persons with physical disabilities, NGOs complained many public buildings lacked such access. The Ministry of Labor, Social Affairs, and Consumer Protection handled disability-related problems. The government funded a wide range of programs for persons with disabilities, including transportation and other assistance to help integrate schoolchildren with disabilities into regular classes and employees with disabilities into the workplace.

National/Racial/Ethnic Minorities

Interior Ministry statistics cited 953 neo-Nazi extremist, or anti-Semitic incidents in 2016 directed against minorities.

An NGO operating a hotline for victims of racist incidents reported receiving 1,107 complaints in 2016. It reported that racist internet postings had risen by one third from 2015 and were, in particular, directed against migrants and asylum seekers, refugee shelters, and the NGOs assisting them.

The Islamic Faith Community’s documentation center, established for reporting anti-Muslim incidents, reported receiving 253 complaints in 2016, an increase of 156 from the previous year.

Human rights groups continued to report that Roma faced discrimination in employment and housing. Government programs, including financing for tutors, helped school-age Romani children move out of “special needs” programs and into mainstream classes. NGOs reported that Africans living in the country were verbally harassed or subjected to violence in public.

The Labor and Integration Ministries continued efforts to improve German-language instruction and skilled-labor training to young persons with immigrant backgrounds. Compulsory preschool programs, including some one- and two-year pilot programs, sought to remedy language deficiencies for nonnative German speakers.

The government continued training programs to combat racism and educate police in cultural sensitivity. The Interior Ministry renewed an annual agreement with a Jewish group to teach police officers cultural sensitivity, religious tolerance, and the acceptance of minorities.

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

Antidiscrimination laws apply to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There was some societal prejudice against LGBTI persons but no reports of violence or discrimination based on sexual orientation or gender identity. LGBTI organizations generally operated freely. Civil society groups, however, criticized the lack of a mechanism to prevent service providers from discriminating against LGBTI individuals.

a. Freedom of Association and the Right to Collective Bargaining

The law provides the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. It prohibits antiunion discrimination or retaliation against strikers and provides for the reinstatement of workers fired for union activity. It allows unions to conduct their activities without interference. The Austrian Trade Union Federation was the exclusive entity representing workers in collective bargaining. Unions were technically independent of government and political parties, although some sectors had unions closely associated with parties.

The government effectively enforced applicable laws that covered all categories of workers. Resources, inspections, and remediation were adequate. Penalties for violations were of civil nature, with fines imposed. Administrative, registration, and judicial procedures were not overly lengthy.

There were few reports of antiunion discrimination or other forms of employer interference in union functions. The government and employers recognized the right to strike and respected freedom of association and the right to collective bargaining. Authorities enforced laws providing for collective bargaining and protecting unions from interference and workers from retaliation for union activities.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Some instances of forced labor occurred in several sectors, such as agriculture, construction, and the restaurant/catering business. Most victims were women subjected to trafficking for sexual exploitation.

The government effectively enforced the law, and resources, inspections, and remediation were adequate. Labor inspectors and revenue authorities conducted routine site visits to identify forced labor. The government initiated forced labor awareness campaigns and workshops. Depending on the specific offense, penalties ranged from three to 20 years’ imprisonment and were sufficient to deter most violations.

Some migrants, both men and women, were subjected to trafficking for forced labor in the agriculture, construction, and restaurant/catering sectors. Some traffickers also subjected Romani children and persons with physical and mental disabilities to trafficking for forced begging.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum legal working age is 15, with the exception that children who are at least 13 may engage in certain forms of light work on family farms or businesses. Children who are 15 and older are subject to the same regulations on hours, rest periods, overtime wages, and occupational health and safety restrictions as adults, but are subject to additional restrictions on hazardous forms of work or for ethical reasons. Restrictions for hazardous jobs include work with materials considered dangerous for teenagers, work in the sawmill business, on high-voltage pylons, and specified jobs in the construction business.

Laws and policies protect children from exploitation in the workplace and prohibit forced or compulsory labor, and the government generally enforced these laws and policies effectively.

The labor inspectorate of the Ministry of Labor, Social Affairs, and Consumer Protection is responsible for enforcing child labor laws and policies in the workplace, and did so effectively. Penalties in the form of fines may be doubled in cases of repeated violations of the child labor code. Penalties were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive (or other communicable disease) status, religion, age or world view (Weltanschauung). The government effectively enforced these laws and regulations.

Discrimination in employment and occupation occurred with respect to women, persons with disabilities, and members of certain minorities. A Muslim community office focused on reporting anti-Islamic acts reported discriminatory hiring practices against Muslim women wearing headscarves when trying to obtain a retail or customer service position. Companies sometimes preferred to pay a fine rather than hire a person with a disability.

The law requires equal pay for equal work.

Female employees in the private sector may invoke laws prohibiting discrimination against women. Depending on the Federal Equality Commission’s findings, labor courts may award the equivalent of up to four months’ salary to women found to have experienced gender discrimination in promotion, despite being better qualified than their competitors. The courts may also order compensation for women denied a post despite having equal qualifications.

e. Acceptable Conditions of Work

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. The lowest bargaining agreement provided for 1,100 euros ($1,200) per month for full-time jobs. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The official poverty risk level was 1,185 euros ($1,422) per month.

The law provides for a maximum workweek of 40 hours, although collective bargaining agreements established 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. In special cases work hours may be increased to a maximum of 60 hours per week, including overtime, for a maximum of 24 weeks annually. These 24 weeks, however, can only be in eight-week segments, with at least a two-week break between each eight-week period.

Overtime is officially limited to five hours per week and 60 hours per year. Authorities did not enforce these laws and regulations effectively, and some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. The law stipulates premium pay of 50 percent for overtime and requires time off for work on weekends and official holidays. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before the labor courts. Those courts can impose fines on employers who committed the violation.

Foreign workers in both the formal and informal sectors made up approximately 13 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate regularly enforced mandatory occupational health and safety standards, which were appropriate for the main industries. Its approximately 300 inspectors were sufficient to monitor the country’s nearly 210,000 worksites. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In the case of violations resulting in serious injury or death, the employer faces prosecution under the penal code. The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger and risk assessment (plus evaluation); preventing work-related illnesses and occupational diseases; training as well as information on occupational safety and health; and improving the training of prevention experts.

Workers could file complaints anonymously with the labor inspectorate, which could in turn sue the employer on behalf of the employee. Workers rarely exercised this option and normally relied instead on the nongovernmental workers’ advocacy group and the Chamber of Labor, which filed suits on their behalf. Workers in the informal economy generally did not benefit from social protections. To receive health-care benefits, unemployment insurance, and pensions, workers generally had to pay into the system, although nonworkers could qualify for coverage in certain cases.

Workers can remove themselves from situations that endanger health or safety, without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, but there continued to be complaints against the police alleging assault, intimidation, and other unprofessional conduct. According to human rights activists, suspects occasionally accused police of beating them to obtain confessions, and suspects often recanted their confessions during trial. In many cases the only evidence against the accused was a confession. Suspects and their family members continued to allege coercion by police, but there was no evidence of systematic police abuse.

Prison and Detention Center Conditions

Physical Conditions: There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Administration: Two agencies–the Office of the Ombudsman and the Prison Advisory Board–are responsible for investigating credible allegations of mistreatment. The Prison Advisory Board conducted monthly visits.

Independent Monitoring: Human rights organizations were allowed access and monitored prison conditions.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and imprisonment and provides for the right of any person to challenge the lawfulness of his/her conviction in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Barbados Police Force (RBPF) is responsible for internal law enforcement, including migration and border enforcement. The Barbados Defense Force (BDF) protects national security and may be called upon to maintain public order in times of crisis, emergency, or other specific needs. The RBPF reports to the attorney general, and the BDF reports to the minister of defense and security. The law provides that police may request BDF assistance with special joint patrols.

Civilian authorities maintained effective control over the RBPF and BDF, and the government has effective mechanisms to investigate and punish abuse. Allegations against police were investigated and brought to the Police Complaints Authority, a civilian body in the Office of Professional Responsibility.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law authorizes police to arrest persons suspected of criminal activity; a warrant issued by a judge or justice of the peace based on evidence is typically required. Police procedure permits authorities to hold detainees without charge for up to five days, but once persons are charged, police must bring them before a court within 24 hours, or the next working day if the arrest occurred during the weekend. There was a functioning bail system. Criminal detainees received prompt access to counsel and were advised of that right immediately after arrest. Authorities generally permitted family members access to detainees.

Official procedures allow police to question suspects and other persons only at a police station, except when expressly permitted by a senior divisional officer to do otherwise. An officer must visit detainees at least once every three hours to inquire about their condition. After 24 hours the detaining authority must submit a written report to the deputy commissioner.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution provides that persons charged with criminal offenses receive a fair and public hearing without unnecessary delay by an independent, impartial court and a trial by jury. The government generally respected these rights, although prosecutors expressed concerns about increasing pretrial delays. Civil society representatives reported that wait times could be as long as five or six years before trial. Defendants have the right to be present and to consult with an attorney of their choice in a timely manner. The government provided free legal aid to the indigent in family matters (excluding divorce), child support cases, serious criminal cases such as rape or murder, and all cases involving minors. The constitution prescribes that defendants have adequate time and facilities to prepare a defense. These timelines may be set by the court on arraignment. Defendants may confront and question witnesses and present witnesses and evidence on their own behalf. Defendants are presumed innocent until proven guilty, have the right of appeal, and cannot be compelled to testify or confess guilt. Defendants have the right to free assistance of an interpreter.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Magistrates’ courts have civil and criminal jurisdiction, but the civil judicial system experienced heavy backlogs. Citizens primarily sought redress for human rights or other abuses through the civil system, although human rights cases were sometimes decided in the criminal court. Individuals and organizations may appeal adverse domestic decisions to regional human rights bodies.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

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

Press and Media Freedom: Independent media were active and expressed a wide variety of views. Civil society representatives, however, reported that journalists who were overly critical of the government could be denied access to press conferences or denied the opportunity to ask questions of government officials.

Censorship or Content Restrictions: Civil society representatives reported media practiced self-censorship when reporting on corruption due to fear that making allegations could invite a defamation lawsuit.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 79 percent of citizens used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

The constitution provides for 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 www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

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

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

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The Immigration Department was responsible for considering refugee or asylum claims. During the year there was one reported case of a request for temporary asylum, made by a Jamaican citizen from the LGBTI community.

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.

Elections and Political Participation

Recent Elections: In the 2013 general election, the Democratic Labour Party (DLP) won 16 of the 30 seats in Parliament’s House of Assembly, and DLP leader Freundel Stuart retained his post as prime minister. Observers considered the elections to be in accordance with international standards.

Participation of Women and Minorities: No laws limit participation of women and/or members of minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. As of October, however, the Prevention of Corruption Act of 2012 had not been proclaimed by the governor general and consequently was not in force. According to a civil rights activist, the existing legislation was outdated.

Corruption: There were no formal reports of government corruption during the year. Nevertheless, civil society activists reported corruption was a major concern and noted specific allegations of corruption were scant because persons were afraid to make accusations due to fear of facing a slander or defamation lawsuit.

Financial Disclosure: No law requires public officials to disclose income or assets.

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

Government Human Rights Bodies: The Ombudsman’s Office hears complaints against government offices for alleged injuries or injustices resulting from administrative conduct. The governor general appoints the ombudsman on the recommendation of the prime minister and in consultation with the opposition. Parliament must approve the appointment. The ombudsman submits annual reports to Parliament, which contain recommendations on changes to laws and descriptions of actions taken by the Ombudsman’s Office.

Women

Rape and Domestic Violence: The law criminalizes rape of women, and the maximum penalty is life imprisonment. Separate legislation addresses male rape. There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or non-molestation order.

The law prohibits domestic violence and provides protection to all members of the family, including men and children. The law applies equally to marriages and to common-law relationships. The law empowers police to make an arrest after receiving a complaint, visiting the premises, and having some assurance that a crime was committed.

Penalties depend on the severity of the charges and range from a fine for first-time offenders (unless the injury is serious) up to the death penalty for cases resulting in death of a victim. Victims may request restraining orders, which the courts often issued. The courts may sentence an offender to jail for breaching such an order.

Violence and abuse against women continued to be significant social problems. Police have a victim support unit, but reports indicated the services provided were inadequate.

There were public and private counseling services for victims of domestic violence, rape, and child abuse. The government provided funding for a shelter, for women who had faced violence. The shelter also served victims of human trafficking and others forms of gender-based violence.

The Bureau of Gender Affairs cited a lack of specific information and inadequate Human rights activists noted a decrease in the number of reported cases of rape in which the victim did not know the perpetrator. They also praised the government’s programs and noted a marked improvement in societal attitudes and efforts to improve reporting.

Sexual Harassment: No law contains penalties specifically for sexual harassment except in the workplace. Human rights activists reported sexual harassment continued to be a serious concern.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provides the same legal status and rights for women and men, except that Barbadian women not born in Barbados do not transfer citizenship to their children. Women actively participated in all aspects of national life and were well represented at all levels of the public and private sectors, although some discrimination persisted. The law does not mandate equal pay for equal work, and reports indicated that women earned significantly less than men for comparable work.

Children

Birth Registration: Citizenship is obtained by birth in the country or to a person born outside the country to Barbadian parents. There was universal birth registration.

Child Abuse: The law does not prohibit violence or abuse against children, and such abuses appeared to be on the rise. Government officials participated in a UNICEF-sponsored campaign to sensitize the community about child sexual abuse. A telephone hotline was available to report child abuse.

The Child Care Board has a mandate for the care and protection of children, which involved investigating daycare centers and allegations of child abuse or child labor, as well as providing counseling services, residential placement, and foster care.

Early and Forced Marriage: The legal minimum age for marriage is 18 years. Persons between the ages of 16 to 18 can be married with parental consent.

Sexual Exploitation of Children: The law provides for the protection of children from sexual exploitation and abuse and makes child pornography illegal. The minimum age for consensual sex is 16 years. The Ministry of Social Care, Constituency Empowerment, and Community Development acknowledged child prostitution occurred; however, there were no official statistics to document the problem. Newspaper reports suggested the number of young teenage girls engaged in transactional sex was increasing.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The 2017 Employment (Prevention of Discrimination) Act provides for nondiscrimination of all persons. The legislation prohibits discrimination against persons with disabilities in employment, but it does not extend to education or the provision of other state services. A separate law provides for employers to ensure the safety and health of persons with disabilities.

The government and council offered free bus services for children with disabilities; nonetheless, transportation difficulties at public schools continued to be a serious concern.

The Barbados Council for the Disabled, the Barbados National Organization for the Disabled, and other NGOs indicated that transportation remained the primary challenge facing persons with disabilities.

Although many public areas lacked the necessary ramps, railings, parking, and bathroom adjustments to accommodate persons with disabilities, the council implemented the Fully Accessible Barbados initiative, which had some success in improving accessibility. The Town and Country Planning Department set provisions for all public buildings to include accessibility for persons with disabilities. As a result most new buildings had ramps, reserved parking, and accessible bathrooms.

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

The law criminalizes consensual same-sex sexual activity between adults, with penalties up to life imprisonment, but there were no reports of the law being enforced during the year. The law does not prohibit discrimination against a person based on real or perceived sexual orientation or gender identity in employment, housing, education, or health care.

Anecdotal evidence suggested that LGBTI persons faced discrimination in employment, housing, and access to education and health care. Activists claimed that while many individuals lived open LGBTI lifestyles, police disapproval and societal discrimination made LGBTI persons more vulnerable to threats, crime, and destruction of property. NGOs claimed that LGBTI women were particularly vulnerable to discrimination and unequal protection under the law.

HIV and AIDS Social Stigma

The government continued a countrywide media campaign to discourage discrimination against HIV/AIDS-infected persons and others living with them, and it reported that the campaign had decreased social stigma against HIV/AIDS. While there was no systematic discrimination, HIV/AIDS-infected persons did not commonly disclose the condition due to lack of social acceptance.

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, provides for the right of workers to form and join unions and conduct legal strikes but does not specifically recognize the right to bargain collectively. Moreover, the law does not obligate companies to recognize unions or to accept collective bargaining. The law prohibits antiunion discrimination and provides protection for workers engaged in union activity. A tribunal may order reinstatement, re-engagement, or compensation, although no cases of antiunion discrimination were reported during the year. All private-sector employees are permitted to strike, but the law prohibits workers in essential services, such as police, firefighters, and electricity and water company employees, from engaging in strikes.

In general the government effectively enforced the law in the formal sector, but there was no information as to the adequacy of resources or inspections. Penalties for violations include fines up to $1,000 Barbados dollars (BBD) ($500), imprisonment up to six months, or both. The penalties were sufficient to deter violations. The law gives persons the right to have instances of alleged unfair dismissals tried before the Employment Rights Tribunal. The process was often subject to lengthy delays. A tripartite group of labor, management, and government representatives met regularly. The group dealt with social and economic issues as they arose, worked to formulate legislative policy, and played a significant role in setting and maintaining harmonious workplace relations.

With a few exceptions, workers’ rights generally were respected. Unions received complaints of collective bargaining agreement violations, but most were resolved through established mechanisms.

Although employers were under no legal obligation to recognize unions, most major employers did so when more than 50 percent of the employees made a request. Although companies were sometimes hesitant to engage in collective bargaining with a recognized union, in most instances they would eventually do so. Smaller companies often were not unionized.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. The government generally enforced such laws.

Although there were no official reports of forced labor during the year, foreigners remained at risk for forced labor, especially in the domestic service, agriculture, and construction sectors. The punishment for labor or sex trafficking of adults is the same: 25 years in prison, a fine of one million BBD ($500,000), or both. Labor or sex trafficking of children is punished by a fine of two million BBD (one million dollars), life imprisonment, or both. There were no prosecutions in recent years.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law provides for a minimum working age of 16 years for certain sectors but does not cover sectors such as agriculture. The law prohibits children under 18 from engaging in work likely to harm their health, safety, or morals, but it does not specify which occupations fall under this prohibition. The law prohibits employing children of compulsory school age (through 16) during school hours. The law also prohibits young persons from work after 6 p.m. The law was effectively enforced, and child labor laws were generally observed. Parents are culpable under the law if they have children under 16 who are not in school. Under the Recruiting of Workers Act, children between 14 and 16 could engage in light work with parental consent. There was no list of occupations constituting light work.

Ministry of Labor inspectors may initiate legal action against an employer found employing underage workers. Employers found guilty of violating the law may be fined or imprisoned for up to 12 months. It was unclear whether these penalties were sufficient to deter violations. According to the chief labor inspector, no underage employment cases were filed during the past few years. Although documentation was not available, observers commented that children may have been engaged in the worst forms of child labor, namely drug trafficking and as victims of commercial sexual exploitation (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The 2017 Employment (Prevention of Discrimination) Act prohibits discrimination on grounds of race, sex, gender, or sexual orientation. The 2013 employment law prohibits discrimination on grounds of known or perceived HIV/AIDS status or on account of disability. Nevertheless, employment discrimination against HIV/AIDS patients persisted. Foreign workers in high-risk sectors, such as domestic service, agriculture, or construction, were sometimes not aware of their rights and protections under the law, and unions expressed concern that domestic workers were occasionally forced to work in unacceptable conditions. Persons with disabilities generally experienced hiring discrimination, as well as difficulty in achieving economic independence (see section 6, Persons with Disabilities). The government effectively enforced antidiscrimination laws.

e. Acceptable Conditions of Work

While there is no national minimum wage, there is a minimum wage for “Shop Assistants” of $6.25 BBD ($3.10) per hour. While there is no official poverty income level, the most recent country assessment (2012) estimated that 19 percent of the population lived in poverty.

The standard legal workweek is 40 hours in five days, and the law provides employees with three weeks of paid holiday for persons with less than five years of service and four weeks’ holiday after five years of service. The law requires overtime payment of time and a half for hours worked in excess of the legal standard and prescribes all overtime must be voluntary. The law does not provide a maximum number of overtime hours. The government set occupational safety and health standards that were current and appropriate for its industries.

The Ministry of Labor is charged with enforcing the minimum wage as well as work hours and did so effectively. The ministry also enforced health and safety standards and, in most cases, followed up to ensure management corrected problems cited. A group of nine safety and health inspectors helped enforce regulations, and nine labor officers handled labor law violations. The ministry used routine inspections, accident investigations, and union membership surveys to prevent labor violations and verify that wages and working conditions met national standards. Penalties include fines of up to $500 BBD ($250) per offense, imprisonment of up to three months, or both. These penalties were inadequate to ensure compliance. The ministry reported that it historically relied on education, consensus building, and moral persuasion rather than penalties to correct labor law violations. The ministry delivered presentations to workers to inform them of their rights and provided education and awareness workshops for employers. The ministry’s Health and Safety Inspection Unit conducted several routine annual inspections of government-operated corporations and manufacturing plants, with no serious problems noted.

Office environments received additional attention from the Ministry of Labor due to indoor air quality concerns. Trade union monitors identified safety problems for government health and safety inspectors to ensure the enforcement of safety and health regulations and effective correction by management. As of October the ministry reported one occupational fatality, which was under investigation.

The law provides for the right of workers to refuse dangerous work without jeopardy to their employment, and authorities generally protected employees in this situation.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

During the year there were no reports that the government or its agents committed arbitrary or unlawful killings and no reports of deaths from torture.

b. Disappearance

During the year there were no reports of disappearances by or on behalf of government authorities. There were no developments in the reportedly continuing investigations into the 2000 disappearance of journalist Zmitser Zavadski and the 1999 disappearances of former deputy prime minister Viktar Hanchar, businessman Anatol Krasouski, and former interior minister Yuri Zakharanka. There was evidence of government involvement in the disappearances, but authorities continued to deny any connection with them.

In May 2016 a Minsk court suspended the civil suit of Zakharanka’s mother asking for the court to recognize Zakharanka’s death until the criminal case regarding his disappearance was closed. The lawyer for Zakharanka’s mother told the court, “given the fact that for 16 years the investigation has produced no results, it deprives the citizen the opportunity to realize her rights. In fact it is a denial of justice.”

In August 2016 a Minsk city court refused the request of Zakharanka’s mother to declare her son deceased. In order to obtain access to case materials and his property, Zakharanka’s mother has repeatedly asked authorities to declare him dead, suspend the investigation, or both. In June authorities extended the investigation into Zakharanka’s disappearance to December 24.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. Nevertheless, the Committee for State Security (KGB), riot police, and other security forces, often without identification and in plain clothes, beat detainees on occasion. Security forces also reportedly mistreated individuals during investigations. Police occasionally beat persons during arrests.

Human rights advocates, opposition leaders, and activists released from detention facilities reported maltreatment and other forms of physical and psychological abuse of suspects during criminal and administrative investigations.

On March 25, special police forces raided an apartment in which 58 human rights observers, experts, and foreign journalists gathered in advance of unauthorized protest in Minsk. According to eyewitnesses, when a doorbell rang and human rights advocate Aliaksei Loika opened the door officers assaulted Loika, who was hospitalized and diagnosed with a concussion the same day. On August 28, a Minsk district investigative committee turned down Loika’s request to investigate his beatings because it stated law enforcement officers did not apply excessive physical force.

On March 29, a court in Minsk sentenced Mikalai Dziadok, an anarchist and opposition activist, to 10 days in administrative detention for resisting police and participating March 25 in unauthorized protests in Minsk. Dziadok was hospitalized after his detention with a concussion and minor facial and head injuries. In court he claimed that a police officer hit him in the head a number of times. Police testified that Dziadok shouted political slogans and resisted police during his detention, requiring officers to apply physical force. Dziadok’s father filed a complaint asking investigators to look into his son’s beating, but authorities turned it down.

There were numerous reports of cases of hazing of conscripts into the army that included beatings and other forms of physical and psychological abuse. Some of those cases reportedly resulted in deaths. For example, on October 13, a senior official from the Investigative Committee announced a criminal investigation into alleged hazing and violence that preceded the discovery October 3 of the body of a 21-year-old soldier, Aliaksandr Korzhych, in the basement of his military barracks near Barysau.

On October 16, the government also confirmed that soldier Genadz Sarokin died on September 2 while assigned to a military unit in the Brest region and that his case was under investigation. In a separate case, authorities reopened the investigation into a purported suicide on March 31 of another soldier, Artsiom Bastsiuk, at military grounds in the Barysau region. On October 12, Bastsiuk’s family received notification that his death was not the result of a criminal act, but the family continued to maintain that he was psychologically abused and harassed during his service.

Authorities reported isolated cases of prosecution of suspected military offenders. For example, on May 30, a district court in Brest sentenced an army sergeant to three years restricted freedom, a form of house arrest, for abusing his powers and beating a younger soldier. The offender was also to pay 4,000 rubles ($2,050) in moral damages.

PRISON AND DETENTION CENTER CONDITIONS

Prison and detention center conditions remained poor and in many cases posed threats to life and health.

Physical Conditions: According to local activists and human rights lawyers, there were shortages of food, medicine, warm clothing, and bedding as well as inadequate access to basic or emergency medical care and clean drinking water. Ventilation of cells and overall sanitation were poor, and authorities failed to provide conditions necessary for maintaining proper personal hygiene. Prisoners frequently complained of malnutrition and low-quality uniforms and bedding. Some former political prisoners reported psychological abuse and sharing cells with violent criminals. The law permits family and friends to provide detainees with food and hygiene products and to send them parcels by mail, but authorities did not always allow this.

According to a May 26 report by independent survey organizations that questioned 130 individuals detained between March 15 and April 19 on charges related to unsanctioned demonstrations, approximately 79 percent of respondents stated that authorities failed to inform their families of their whereabouts, and 83 percent stated prison authorities had not properly informed them of their rights, obligations, and the detention centers’ regulations. Approximately 17 percent complained of a lack of medical care and 27 percent said they were denied access to lawyers. More than 50 percent of the detainees complained of unsanitary conditions. Only 21 percent of those surveyed were not impeded by prison authorities from appealing their sentences.

Overcrowding of pretrial holding facilities, and prisons generally, was a problem. For example, individuals who were held for short periods in a holding facility in the town of Dziarzhynsk reported that they had to take shifts to sleep, as there were more inmates than beds in the cell.

Authorities allowed persons sentenced to a form of internal exile (khimiya) to work outside detention facilities. These individuals were required to return at night to prison barracks, where they lived under strict conditions and supervision.

Although there were isolated reports that police placed underage suspects in pretrial detention facility cells with adult suspects and convicts, authorities generally held juvenile prisoners separately from adults at juvenile penal colonies, arrest houses, and pretrial holding facilities. In general conditions for female and juvenile prisoners were slightly better than for male prisoners.

According to human rights NGOs and former prisoners, authorities routinely abused prisoners.

On March 23, a Minsk district court ruled in the case of the death of 21-year old Ihar Ptichkin that the Interior Ministry, which is in charge of holding facilities, should pay 20,000 rubles ($10,300) in moral damages to his mother, 10,000 rubles ($5,150) to his sister, and 6,000 rubles ($3,100) to cover the costs of his funeral. These damages were one third of what the family requested in a suit contesting his death in custody. After an alleged beating Ptichkin suffered a heart attack and died in a pretrial detention center in Minsk in 2013. In October 2016 a Minsk district court convicted prison doctor Aliaksandr Krylou, who was involved in Ptichkin’s case, of negligence and sentenced him to three years’ imprisonment.

Credible sources maintained that prison administrators employed inmates to intimidate political prisoners and compel confessions. They also reported that authorities neither explained nor protected political prisoners’ legal rights and excessively penalized them for minor violations of the prison rules.

In view of poor medical care, observers believed tuberculosis, pneumonia, HIV/AIDS, and other communicable diseases were widespread in prisons. In 2014 a senior tuberculosis control officer reported that tuberculosis infection in prisons was quadruple the national average but claimed that only up to 4 percent of the 7,400 tuberculosis patients across the country were in prisons.

Human rights NGOs reported that prison inmates and individuals held in internal exile often complained of lack of employment opportunities or low pay. In August 2016 the head of the Interior Ministry’s Corrections Department, Siarhei Daroshka, stated that of the average 510 rubles ($205) salary, inmates would get only 10 percent and the rest would go to cover the costs of their imprisonment and to repay any debts or damages ordered by the court.

Administration: As in the previous year, authorities claimed to have conducted annual or more frequent investigations and monitoring of prison and detention center conditions. Human rights groups, however, asserted that such inspections, when they did occur, lacked credibility in view of the absence of an ombudsperson and the inability of reliable independent human rights advocates to visit prisons or provide consultations to prisoners. In July authorities approved the application of Aleh Hulak, chairperson of the human rights group Belarusian Helsinki Committee, to join the Ministry of Justice’s commission on prison conditions monitoring. In August the ministry organized a visit to a high security prison in Hrodna. The visit reportedly was closely monitored by the head of the prison administration. The commission, mainly composed of the ministry’s officials and representatives of progovernmental NGOs, failed to produce any comprehensive reports.

Prisoners and detainees had limited access to visitors, and denial of meetings with families was a common punishment for disciplinary violations. Authorities often denied or delayed political prisoners’ meetings with family as a means of pressure and intimidation.

Although the law provides for freedom of religion, and there were no reports of egregious infringements, authorities generally prevented prisoners from holding religious services and performing ceremonies that did not comply with prison regulations.

Former prisoners reported that prison officials often censored or did not forward their complaints to higher authorities and that prison administrators either ignored or selectively considered requests for investigation of alleged abuses. Prisoners also reported that prison administrators frequently refused to provide them with copies of responses to their complaints, which further complicated their defense. Complaints could result in retaliation against prisoners who spoke out, including humiliation, death threats, or other forms of punishment and harassment.

Corruption in prisons was a serious problem, and observers noted that parole often depended on bribes to prison personnel or a prisoner’s political affiliation.

Independent Monitoring: Despite numerous requests to the Ministries of Internal Affairs and Justice, government officials refused to meet with human rights advocates or approve requests from NGOs to visit detention and prison facilities. In its 2015 response to Paval Sapelka of the human rights NGO Vyasna, the head of Interior Ministry’s Corrections Department claimed it would be “inexpedient” for him to visit detention facilities and monitor their conditions.

d. Arbitrary Arrest or Detention

The law limits arbitrary detention, but the government did not respect these limits. Authorities arrested or detained individuals for political reasons and used administrative measures to detain political activists before, during, and after protests and other major public events.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Internal Affairs exercises authority over police, but other bodies outside of its control, for example, the KGB, the Financial Investigations Department of the State Control Committee, the Investigation Committee, and presidential security services exercise police functions. The president has the authority to subordinate all security bodies to his personal command and he maintained effective control over security forces. Impunity among law enforcement personnel remained a serious problem. Individuals have the right to report police abuse to a prosecutor, although the government often did not investigate reported abuses or hold perpetrators accountable.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

By law police must request permission from a prosecutor to detain a person for more than three hours, but police usually ignored this procedure and routinely detained and arrested individuals without warrants. Authorities may hold a criminal suspect for up to 10 days without filing formal charges and for up to 18 months after filing charges. By law prosecutors, investigators, and security service agencies have the authority to extend detention without consulting a judge. Detainees have the right to petition the court system regarding the legality of their detention, but authorities frequently suppressed or ignored such appeals. The country has no functioning bail system.

Arbitrary Arrest: Authorities detained opposition and civil society activists for reasons widely considered politically motivated. In isolated cases authorities used administrative measures to detain political activists before, during, and after planned demonstrations and protests, as well as other public events.

From February through April, authorities fined, detained, or arrested more than 950 protesters in Minsk and other cities. Protests largely stemmed from a presidential decree requiring Belarusian nationals, foreigners, and noncitizens permanently residing in the country who officially work less than 183 calendar days per year to pay an annual tax. Charges ranged from participation in an unsanctioned demonstration to minor hooliganism and resisting arrest. Of the detained, human rights groups estimated that authorities issued approximately 259 jail sentences of up to 25 days. At least 10 journalists were arrested and four were fined for working without accreditation, minor hooliganism, and participating in an unsanctioned demonstration. All those arrested were released by year’s end.

For example, on March 28, courts in Minsk, Babruisk, Barysau, Brest, Vitsyebsk, Homyel, and Polatsk convicted 177 individuals (144 in Minsk and 33 in other cities) on various charges, including participation in unsanctioned demonstrations on March 25-26, minor hooliganism, and resisting police. Of the 177 individuals detained March 25-26, 74 were sentenced to between two and 25 days of detention and 93 were ordered to pay fines between 46 rubles ($25) and 1,840 rubles ($970).

On March 27, Mikalai Statkevich, a former political prisoner and 2010 presidential candidate, stated that police apprehended him at a friend’s apartment in Minsk on March 23 and transported him to KGB detention facilities. Police reportedly had a warrant for his arrest and claimed that he and a group of unidentified individuals were suspects in a criminal case of preparing mass riots. Statkevich explained in his interview that while officers showed him some papers and accused him of plotting mass riots since 2011, they did not give him any documents nor allowed him to make telephone calls to his family or lawyer. Statkevich refused to answer questions or testify at holding facilities. Throughout the year Statkevich and Uladzimir Nyaklyaeu, another 2010 presidential candidate, opposition activist, and former political prisoner, were arrested repeatedly and placed in administrative detentions, usually in connection with unauthorized gatherings and demonstrations.

Pretrial Detention: Authorities may hold a criminal suspect for up to 10 days without filing formal charges. Prior to being charged, the law provides detainees with no access to their families or to outside food and medical supplies, both of which are vital in view of the poor conditions in detention facilities. Police routinely held persons for the full 10-day period before charging them.

Police often detained individuals for several hours, ostensibly to confirm their identity; fingerprinted them; and then released them without charge. Police and security forces frequently used this tactic to detain members of the democratic opposition and demonstrators, to prevent the distribution of leaflets and newspapers, or to break up civil society meetings and events.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees have the right to petition the court system regarding the legality of their detention, but authorities frequently suppressed or ignored such appeals. By law, courts have 24 hours to issue a ruling on a detention and 72 hours on an arrest. Courts hold closed hearings in these cases, which the suspect, a defense lawyer, and other legal representatives may attend. Prosecutors, suspects, and defense lawyers may appeal lower court decisions to higher courts within 24 hours of the ruling. Higher courts have three days to rule on appeals, and their rulings may not be challenged. Further appeals may be filed only when investigators extend the period of detention.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, but authorities did not respect judicial independence and impartiality. Observers believed corruption, inefficiency, and political interference with judicial decisions were widespread. Courts convicted individuals on false and politically motivated charges brought by prosecutors, and observers believed that senior government leaders and local authorities dictated the outcomes of trials.

As in previous years, according to human rights groups, prosecutors wielded excessive and imbalanced authority because they may extend detention periods without the permission of judges. Defense lawyers were unable to examine investigation files, be present during investigations and interrogations, or examine evidence against defendants until a prosecutor formally brought the case to court. Lawyers found it difficult to challenge some evidence because the Prosecutor’s Office controlled all technical expertise. According to many defense attorneys, this power imbalance persisted throughout the year, especially in politically motivated criminal and administrative cases. Courts did not exonerate criminal defendants except in rare circumstances.

By law, bar associations are independent, and licensed lawyers are permitted to establish private practices or bureaus. All lawyers must be licensed by the Ministry of Justice and must renew their licenses every five years.

In September a Ministry of Justice standing commission, which reviews lawyers’ performance, found that prominent independent lawyer Ana Bakhtsina had “insufficient professional skills” to be a defense lawyer. According to Bakhtsina, the template she used for concluding contracts with clients differed slightly from the ministry’s recommended one, and the commission also identified grammar mistakes in its review of her documents. On September 26, Bakhtsina appealed the commission’s decision revoking her license but her appeal was dismissed. Additionally, at least seven more defense lawyers were due to retake their bar exams within six months following the ministry’s determination that their professional skills were only “partially insufficient.”

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, but authorities occasionally disregarded this right.

The law provides for the presumption of innocence. Nevertheless, the lack of judicial independence, state media practice of reporting on high-profile cases as if guilt were already certain, and widespread limits on defense rights frequently placed the burden of proving innocence on the defendant.

The law also provides for public trials, but authorities occasionally held closed trials frequently in judges’ chambers. Judges adjudicate all trials. For the most serious cases, two civilian advisers assist the judge.

The law provides defendants the right to attend proceedings, confront witnesses, and present evidence on their own behalf, but authorities did not always respect these rights.

The law provides for access to legal counsel for the defendant and requires courts to appoint a lawyer for those who cannot afford one. Although by law defendants may ask for their trials to be conducted in Belarusian, most judges and prosecutors were not fluent in this language, rejected motions for interpreters, and proceeded in Russian. Interpreters are provided when the defendant speaks neither Belarusian nor Russian. The law provides for the right to choose legal representation freely; however, a presidential decree prohibits NGO members who are lawyers from representing individuals other than members of their organizations in court. The government’s attempts to disbar attorneys who represented political opponents of the regime further limited defendants’ choice of counsel. The government also required defense attorneys to sign nondisclosure statements that limited their ability to release any information regarding the case to the public, media, and even defendants’ family members.

Courts often allowed statements obtained by force and threats of bodily harm during interrogations to be used against defendants. Some defendants were tried in absentia. For example, on January 9, a court in the town of Svislach notified three For Freedom movement activists that they were fined in absentia for participating in an unsanctioned ceremony in October 2016 commemorating the 1863-64 anti-Russian uprising, during which Belarusians, Poles, and Lithuanians rebelled against Russian rule. The movement’s leader, Yuri Hubarevich, received a fine of 525 rubles ($260); an activist from Brest, Yuri Kazakevich, 210 rubles ($105); and an activist from Vitsyebsk, Vadzim Babin, 63 rubles ($32).

Defendants have the right to appeal convictions, and most defendants did so. Nevertheless, appeals courts upheld the verdicts of the lower courts in the vast majority of cases.

POLITICAL PRISONERS AND DETAINEES

Local human rights organizations reported several different lists of political prisoners in the country. These included individuals who were facing criminal charges and others who were already incarcerated. Leading local human rights groups, including Vyasna and the Belarusian Helsinki Committee, either recognized these individuals as prisoners of conscience or noted serious due process violations that merited, at the very least, a retrial.

After President Lukashenka’s March 21 comments that some 20 militants were arrested for seeking to stir up unrest, KGB officers began detaining dozens of individuals across the country and charging them with such separate matters as training or preparing for participation in mass, potentially violent riots, or creating an illegal armed organization. Detainees were connected with the White Legion group (a now defunct radical opposition organization active in the 1990s); the registered “Patriot” educational and training camp for youth; or the Malady Front opposition youth group. Police searched their residences, and the KGB reportedly confiscated rifles, guns, grenades, and other weapons that, according to the KGB, were to be used during the March 25 demonstrations. Some families of the arrested individuals told the press that defense lawyers were denied meetings with detainees at KGB holding facilities.

On April 11, a KGB spokesperson confirmed that 20 individuals were charged with the creation of an illegal armed formation and could face up to seven years’ imprisonment if convicted. The KGB spokesperson also confirmed that 17 individuals were charged with preparing a mass riot and faced up to three-years’ imprisonment if convicted. The official, however, did not specify how many of those detained faced multiple charges. The KGB confirmed 18 other suspects were also being investigated in connection with the case, four of whom were in custody. Some state media published articles concerning the criminal cases, describing suspects as members of extremist nationalist groups, and stated that the investigation began on March 21.

On November 30, the Investigative Committee Chairman Ivan Naskevich announced that both charges and criminal proceedings against all those involved in the case had been dropped and that the investigation was now closed. Naskevich said the actions of the individuals involved posed no danger to the public or a threat to the constitutional order.

On June 9, the Prosecutor General’s Office rejected a request filed by Ales Byalyatski, the chair of the human rights group Vyasna, to investigate allegations of torture made by some of the individuals detained in the White Legion case. Byalyatski highlighted the treatment of former head of the White Legion group Miraslau Lazouski, who was allegedly beaten during his arrest and had blood and bruises on his face when he appeared in a state television “documentary” regarding the White Legion. Byalyatski also stated that several individuals charged in the case were forced to take psychotropic drugs while in custody. In its reply the Prosecutor General’s Office called those reports mere allegations not supported by evidence or formal complaints from the detained or their lawyers.

Former political prisoners released in August 2015 continued to be unable to exercise some civil and political rights at year’s end. For example, in July 2016 the Central Electoral Commission refused to register the initiative group supporting the candidacy for parliament of former political prisoner and 2010 presidential candidate Mikalai Statkevich because any individual in prison or with a criminal record is prohibited by law from being a candidate.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The law provides that individuals may file lawsuits seeking damages for a human rights violation, but the civil judiciary was not independent and was rarely impartial in such matters.

PROPERTY RESTITUTION

To date, there are no laws providing for restitution or compensation for immovable private property confiscated during World War II and the Holocaust on its territory. The country also has no legislative regime for restitution of communal property or of heirless property. The government reported that, in the last 10 years, it did not receive any requests or claims from individuals, NGOs, or any other public organization, either Jewish or foreign, seeking compensation or restitution of any property.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, but the government did not respect these prohibitions. Authorities used wiretapping, video surveillance, and a network of informers that deprived persons of privacy.

By law persons who obstruct law enforcement personnel in the performance of their duties may be penalized or charged with an administrative offense, even if the “duties” are inconsistent with the law. “Obstruction” could include any effort to prevent KGB or law enforcement officers from entering the premises of a company, establishment, or organization; refusing to allow KGB audits; or denying or restricting KGB access to information systems and databases.

The law requires a warrant before, or immediately after, conducting a search. Nevertheless, some democratic activists believed the KGB entered their homes unannounced. The KGB has the authority to enter any building at any time, as long as it applies for a warrant within 24 hours after the entry.

Security forces continued to target prominent opposition and civil society leaders with arbitrary searches and interrogations at border crossings and airports. For example, on March 14, border officials detained Ihar Barysau, a Mahilyou leader of the opposition Social Democratic Party Hramada, for three hours upon his arrival from Germany at the national airport in Minsk. A law enforcement officer searched his belongings and confiscated his flash drives.

While the law prohibits authorities from intercepting telephone and other communications without a prosecutor’s order, authorities routinely monitored residences, telephones, and computers. Nearly all opposition political figures and many prominent members of civil society groups claimed that authorities monitored their conversations and activities. The government continued to collect and obtain personally identifiable information on independent journalists and democratic activists during raids and by confiscating computer equipment.

The law allows the KGB, the Ministry of Internal Affairs, special security services, financial intelligence personnel, and certain border guard detachments to use wiretaps. Wiretaps require the permission of a prosecutor, but the lack of prosecutorial independence rendered this requirement meaningless.

On March 12, Belarusian Christian Democracy cochair Paval Sevyarynets filed a complaint that the state Belarus 1 television channel illegally broadcast recordings of his private cell phone conversations in a news show. On September 12, police responded that the television channel received the tape from “an anonymous source,” and that the channel’s administration “did not make any deliberate effort” to obtain such information. Additionally, on September 26, the Ministry of Information claimed that the channel used materials from open sources as well as from law enforcement agencies, and did not interfere in Sevyarynets’ private life.

The Ministry of Communications has the authority to terminate the telephone service of persons who violate telephone contracts, which prohibit the use of telephone services for purposes contrary to state interests and public order.

Authorities continued to harass family members of NGO leaders and civil society and opposition activists through selective application of the law.

The constitution provides for freedom of expression, including for the press. The government did not respect these rights and enforced numerous laws to control and censor the public and media. Moreover, the state press propagated views in support of the president and official policies, without giving room for critical voices.

Freedom of Expression: Individuals could not criticize the president and the government publicly or discuss matters of general public interest without fear of reprisal. Authorities videotaped political meetings, conducted frequent identity checks, and used other forms of intimidation. Authorities also prohibited wearing facemasks, displaying unregistered or opposition flags and symbols, and displaying placards bearing messages deemed threatening to the government or public order.

On April 27, anarchist activist Viachaslau Kasinerau was given a fine after a court in Minsk found him guilty of hooliganism for putting a rope around the neck of a sculpture of a city guard that stands in front of the Interior Ministry on March 12. Although the prosecutor asked for two years of “restricted freedom” (similar to house arrest), which independent human rights observers called incommensurate with his action, the judge instead fined him 115 rubles ($61).

On June 6, a court in Minsk fined prominent graffiti artist Aleh Larychau and his associate Hanna Novik 690 rubles ($370) and 230 rubles (125), respectively. Police arrested the two on charges of using obscenities after painting political street graffiti in Minsk on June 3. Larychau, a member of a street art group known for painting and posting images that mocked government officials and police officers, claimed he was followed by unidentified individuals before his arrest.

The law also limits free speech by criminalizing actions such as giving information that authorities deem false or derogatory to a foreigner concerning the political, economic, social, military, or international situation of the country.

Press and Media Freedom: Government restrictions limited access to information and often resulted in media self-censorship. State-controlled media did not provide balanced coverage and overwhelmingly presented the official version of events. Appearances by opposition politicians on state media were limited primarily to those required by law during election campaigns. Authorities warned, fined, detained, and interrogated members of media.

By law the government may close a publication, printed or online, after two warnings in one year for violating a range of restrictions on the press. Additionally, regulations give authorities arbitrary power to prohibit or censor reporting. The Ministry of Information may suspend periodicals or newspapers for three months without a court ruling. The law also prohibits media from disseminating information on behalf of unregistered political parties, trade unions, and NGOs.

On March 14, the independent newspaper Nasha Niva and the most popular news portal TUT.BY received warning Ministry of Information letters informing the publications that they had violated the Law on Mass Media by distributing information that “could cause damage to the national interests of Belarus.” Nasha Niva’s editors reported that the ministry cited eight online comments made by readers that purportedly criticized the government, police actions, and detentions following protests that were immediately removed from the newspaper’s webpage after the warning. Nasha Niva also stated that it would more meticulously moderate its online forums in order to avoid any provocative statements or remarks. In the case of TUT.BY, the warning reportedly stemmed from the site’s February 15 article regarding Belarusian volunteers fighting in Ukraine. The article was immediately removed from the portal. Authorities did not take any further action against the two media outlets.

Limited information was available in the state-run press concerning the September 2016 parliamentary elections, including on independent candidates. Although authorities did not generally censor the publication of candidates’ programs in print media, some opposition candidates complained that local television channels refused to televise their addresses.

While no independent media outlets, including newspapers and internet news websites, applied for registration to the Ministry of Information, they continued to seek to provide coverage of events. They operated, however, under repressive media laws, and most faced discriminatory publishing and distribution policies, including limiting access to government officials and press briefings, controlling the size of press runs of newspapers, and raising the cost of printing.

State-owned media dominated the information field and maintained the highest circulation through generous subsidies and preferences. There was no countrywide private television. The state-owned postal system, Belposhta, and the state distributor of printed press, Belsayuzdruk, allowed the distribution of at least nine independent newspapers and magazines that covered politics, including Novy Chas, Borisovskie Novosti, and Intexpress, which have been banned from distribution for 11 years.

The exclusion of independent print media from the state distribution system and the requirement that private stores secure registration to sell newspapers and magazines effectively limited the ability of the independent press to distribute their publications.

International media continued to operate in the country but not without interference and prior censorship. Euronews and the Russian channels First Channel, NTV, and RTR were generally available, although only through paid cable services in many parts of the country and with a time lag that allowed the removal of news deemed undesirable. At times authorities blocked, censored, or replaced their international news programs with local programming.

Violence and Harassment: Authorities continued to harass and detain local and foreign journalists routinely.

Security forces continually hampered efforts of independent journalists to cover demonstrations and protests in Minsk and across the country. The independent Belarusian Association of Journalists reported that, as of November 15, police fined, detained, and arrested at least 45 journalists while performing their professional duties in more than 184 separate cases.

On March 31, police searched two Minsk offices of the Poland-based media outlet Belsat TV, confiscating television and computer equipment and reportedly detaining one journalist. The Prosecutor General’s Office authorized the searches, referring to a 2014 Supreme Court case that banned the outlet from using the Belsat TV trademark, allegedly because it was registered in 2001 by another entity called BELSATplus. On October 10, a Minsk district court sentenced Belsat TV camera operator Aliaksandr Barazenka to a fine of 920 rubles ($470) for violating trademark rights and ordered confiscation of his video and computer equipment.

The government routinely denied accreditation to journalists who work with foreign media. As of November 15, at least 22 journalists were fined in 55 cases for not having government accreditation or cooperating with a foreign media outlet. For example, on April 5, a Minsk city court denied an appeal filed by Belsat TV camera operator Aliaksandr Barazenka. Police detained Barazenka at the March 25 protests in Minsk, where he was covering the protest with his colleagues. Authorities convicted him for using obscenities and sentenced him to 15 days in jail. Barazenka’s defense lawyer presented a video in court of his defendant being detained that showed he had not shouted any political slogans or obscenities and had informed police he was a journalist.

Censorship or Content Restrictions: The government exerted pressure on the vast majority of independent publications to exercise self-censorship, warning them not to report on certain topics or criticize the government. The government tightly and directly controlled the content of state broadcast and print media. Local independent television stations operated in some areas and reported local news, although most were under government pressure to forgo reporting on national and sensitive issues or risk censorship.

Authorities allowed only state-run radio and television networks to broadcast nationwide. The government used this national monopoly to disseminate its version of events and minimize alternative or opposing viewpoints.

Authorities warned businesses not to advertise in newspapers that criticized the government. As a result, independent media outlets operated under severe budgetary constraints.

Journalists reporting for international media that gave extensive coverage to the country, such as the Warsaw-based independent satellite channel Belsat TV and Radio Racyja, were denied press accreditation and received warnings from the Prosecutor’s Office and heavy fines.

Libel/Slander Laws: Libel and slander are criminal offenses. There are large fines and prison sentences of up to four years for defaming or insulting the president. Penalties for defamation of character make no distinction between private and public persons. A public figure who is criticized for poor performance while in office may sue both the journalist and the media outlet that disseminated the critical report.

On March 24, a district court in Minsk ended Aliaksandr Lapitski’s compulsory treatment for mental illness. In April 2016 Lapitski was for convicted of “committing socially dangerous acts” and violating Article 368 (“insulting the President of the Republic of Belarus”), and Article 369 (“insulting the authorities”), Article 391 (“insulting a judge or a lay judge”) of the Criminal Code of Belarus. The charges against Lapitski stemmed from his emails and blog posts that, according to authorities, insulted the president. Authorities stated that Lapitski suffered from mental illness and sentenced him to a period of compulsory psychiatric treatment.

National Security: Authorities frequently cited national security as grounds for censorship of media.

INTERNET FREEDOM

The government interfered with internet freedom by monitoring email and internet chat rooms. While individuals, groups, and publications were generally able to engage in the peaceful expression of views via the internet, including by email, all who did so risked possible legal and personal repercussions, and at times were believed to practice self-censorship. Opposition activists’ emails and other web-based communications were likely to be monitored.

By law news websites and any internet information sources are subject to the same regulations as print media. Online news providers must remove content and publish corrections if ordered to do so by authorities and must adhere to a prohibition against “extremist” information. The law also restricts access to websites whose content includes promotion of violence, wars, “extremist activities”; materials related to illicit weapons, explosives, and drugs; trafficking in persons; pornography; and information that may harm the national interests of the country. Authorities may block access to sites that fail to obey government orders, including because of a single violation of distributing prohibited information, without a prosecutor or court’s mandate. In addition owners of internet sites may be held liable for users’ comments that carry any prohibited information, and these sites may be blocked. The amended law also mandates the creation of a database of news websites. If a news website receives two or more formal warnings from the authorities, it may be removed from the database and lose its right to distribute information. The law prohibits foreign states and foreign individuals from holding more than a 20 percent stake in the country’s media companies.

Independent online media outlets generally were not blocked during the year.

Authorities monitored internet traffic. By law the telecommunications monopoly Beltelekam and other organizations authorized by the government have the exclusive right to maintain internet domains.

A presidential edict requires registration of service providers and internet websites, and requires the collection of information on users at internet cafes. It requires service providers to store data on individuals’ internet use for a year and provide that information to law enforcement agencies upon request. Violations of the edict are punishable by prison sentences.

State companies and organizations that included the workplaces of up to 70 percent of the country’s workers reportedly had internet filters.

In response to the government’s interference and internet restrictions, many opposition groups and independent newspapers switched to internet domains operating outside the country. Observers reported that the few remaining independent media sites with the country domain BY practiced self-censorship at times.

On several occasions, cyberattacks of unknown origin temporarily disabled independent news portals and social networking sites.

According to various media sources, the number of internet users reached more than seven million persons, of which approximately 90 percent used the internet daily or numerous times a month. Internet penetration was approximately 83 percent among users ages 15 to 50.

ACADEMIC FREEDOM AND CULTURAL EVENTS

The government restricted academic freedom and cultural events.

Educational institutions were required to teach an official state ideology that combined reverence for the achievements of the former Soviet Union and of Belarus under the leadership of Lukashenka. Government-mandated textbooks contained a heavily propagandized version of history and other subjects. Authorities obligated all schools, including private institutions, to follow state directives to inculcate the official ideology and prohibited schools from employing opposition members as their principals. The minister of education has the right to appoint and dismiss the heads of private educational institutions.

Use of the word “academic” was restricted, and NGOs were prohibited from including the word “academy” in their titles. Opportunities to receive a higher education in the Belarusian language (vice Russian) in the majority of fields of study were scarce. The administrations of higher educational institutions made no effort to accommodate students wishing to study in Belarusian-language classes.

The Belarusian Republican Youth Union (BRYU), an official organization modeled on the Soviet-era KOMSOMOL, urged university students to join the BRYU to receive benefits and dormitory rooms. Local authorities pressured BRYU members to campaign on behalf of government parliamentary candidates and to vote early. Students from various universities and colleges reported to an independent election-monitoring group that their faculties were pressuring students into early voting by threatening them with eviction from their dormitories. Additionally, authorities at times reportedly pressured students to act as informants for the country’s security services.

According to a Ministry of Education directive, educational institutions may expel students who engage in antigovernment or unsanctioned political activity and must ensure the proper ideological education of students. School officials, however, cited poor academic performance or absence from classes as the official reason for expulsions. In March the Mahilyou State University administration expelled Alena Kisel after she was fined 345 rubles ($180) for participating in unauthorized protests in the city.

On May 24, a Minsk district court dismissed an appeal filed by Khrystsiyan Shynkevich challenging his expulsion from the Belarus State Teachers Training University after his detention on March 26 in Minsk. A university representative claimed in court that Shynkevich was expelled because he failed to attend 40 percent of his classes during the academic year.

In some cases the government also restricted cultural events, selectively approving performances of what they deemed opposition music groups at small concert halls. Approvals required groups to go through cumbersome and time-consuming procedures to receive permissions. The procedures continued to force some opposition theater and music groups from public venues and into bars and private apartments by banning their performances.

The government also restricted the activities of a nonofficial writers union, the independent Union of Belarusian Writers, and extensively supported the progovernment Union of Writers of Belarus. Authorities harassed distributors of books authored by critical and independent writers or written in the Belarusian language. Authorities did not allow local printing of books by Sviatlana Aleksievich, winner of the Nobel Prize for literature, although her books were widely available in bookstores and online, primarily in Russian editions.

The constitution provides for freedom of peaceful assembly; however, the government severely restricted this right. Authorities employed a variety of means to discourage demonstrations, disperse them, minimize their effect, and punish the participants. The law provides for freedom of association, but the government restricted it and selectively enforced laws and registration regulations to restrict the operation of independent associations that might criticize the government.

FREEDOM OF PEACEFUL ASSEMBLY

Only registered political parties, trade unions, and NGOs could request permission to hold a demonstration of more than 1,000 persons. Authorities usually denied requests by independent and opposition groups. A general atmosphere of repression and the threat of imprisonment or large fines exercised a chilling effect on potential protest organizers.

The law criminalizes the announcement of demonstrations via the internet or social media before official approval, the participation in the activities of unregistered NGOs, the training of persons to demonstrate, the financing of public demonstrations, or the solicitation of foreign assistance “to the detriment” of the country. Violations are punishable by up to three years’ imprisonment.

Organizers must apply at least 15 days in advance for permission to conduct a public demonstration, rally, or meeting, and government officials are required to respond no later than five days prior to the scheduled event. Authorities, however, generally granted permits for opposition demonstrations only if held far from city centers. Authorities used intimidation and threats to discourage persons from participating in demonstrations, openly videotaped participants, and imposed heavy fines or jail sentences on participants in unsanctioned demonstrations. In addition authorities required organizers to conclude contracts with police, fire department, health, and sanitary authorities for their services during and after a mass event. In some localities, local officials told permit applicants that they must first secure these contracts before a permit could be issued. During the year local authorities countrywide rejected dozens of applications for permission to stage demonstrations to protest a presidential decree requiring Belarusian nationals and noncitizens permanently residing in the country who officially work less than 183 calendar days per year to pay an annual tax. They also rejected applications to demonstrate on May Day on May 1.

Opposition activists held dozens of unsanctioned rallies during the year and faced administrative charges and fines for allegedly violating the Law on Mass Events. Those who refused to pay fines, calling them politically motivated, potentially faced property confiscation and travel bans. Authorities regularly fined the same activists for their continuous political activity during the year. For example, on August 1, a Minsk district court sentenced Leanid Kulakou, an activist of the European Belarus campaign, to a fine of 690 rubles ($350) for participating in a July 7 unauthorized protest in Minsk against the September Belarus-Russia joint military exercise ZAPAD.

On March 3-24, authorities detained, fined, or jailed for up to 15 days approximately 300 individuals for their participation in various unauthorized protests against a presidential decree across the country. Activists described continued abuse of force by police, including against Ales Lahviniec, a democratic activist who was hospitalized with a concussion and broken nose after being arrested on March 23.

Authorities took various measures to prevent prodemocracy activists from celebrating Freedom Day, the March 25 anniversary of the country’s 1918 declaration of independence (an event the government does not recognize). The Minsk city authorities failed to respond to an opposition’s application for permission to hold a demonstration in central Minsk within the legally required five days prior to the demonstration. While the Mayor’s Office had originally scheduled a meeting with the Freedom Day organizing committee on March 20, it was postponed until March 24. The organizing committee argued it was too late to notify the public of the changed route requested by the city.

In a police operation meant to prevent any unsanctioned demonstrations from taking place in the center of Minsk to celebrate Freedom Day, metro trains did not stop near the gathering point of the demonstration in front of the Academy of Sciences. Buses and other public transportation also did not stop in the vicinity. Police detained more than 600 participants throughout the city. The majority of those detained were released the same day; more than one hundred faced a variety of charges, including minor hooliganism, resisting police, or participating in an unsanctioned demonstration.

FREEDOM OF ASSOCIATION

All NGOs, political parties, and trade unions must receive Ministry of Justice approval to become registered. A government commission reviews and approves all registration applications; it based its decisions largely on political and ideological compatibility with official views and practices.

Actual registration procedures required applicants to provide the number and names of founders, along with a physical address in a nonresidential building for an office, an extraordinary burden in view of the tight financial straits of most NGOs and individual property owners’ fears of renting space to independent groups. Individuals listed as members were vulnerable to reprisal. The government’s refusal to rent office space to unregistered organizations and the expense of renting private space reportedly forced most organizations to use residential addresses, which authorities could then use as a reason to deny registration or to deregister. The law criminalizes activities conducted on behalf of unregistered groups and subjects group members to penalties ranging from large fines to two years’ imprisonment (also see section 7.a.).

The law on public associations prohibits NGOs from keeping funds for local activities at foreign financial institutions. The law also prohibits NGOs from facilitating provision of any support or benefits from foreign states to civil servants based on their political or religious views or ethnicity, a provision widely believed to be aimed at the Polish minority.

Only registered NGOs may legally accept foreign grants and technical aid and only for a limited set of approved activities. NGOs must receive approval from the Department for Humanitarian Affairs of the Presidential Administration and the Ministry of the Economy for technical aid before they may accept such funds or register the grants.

The government continued to deny registration to some NGOs and political parties on a variety of pretexts, including “technical” problems with applications. Authorities frequently harassed and intimidated founding members of organizations in an effort to force them to abandon their membership and thus deprive their groups of the number of petitioners necessary for registration. Many groups had been denied registration on multiple occasions.

On May 15, the Ministry of Justice registered Tell the Truth as a public association. On April 11, the group has filed application for registration; it was the seventh time the group had applied for registration as an NGO.

On July 21, the Justice Ministry denied an application to register the research and educational NGO known as “Dzeya (Act).” The main goal of the group was to monitor human rights and fundamental freedoms, track the country’s compliance with international agreements, and promote the rule of law, civil society, and development of democratic institutions. The ministry noted that the application missed a surname and had some other minor errors.

On October 4, the Supreme Court upheld the Justice Ministry’s decision to deny registration to the Social Christian Movement, a new NGO affiliated with the unregistered Belarusian Christian Democracy party. In August the Ministry denied the registration because a component of one of the founders’ name was written incorrectly and because the NGO chairperson was not named in the application documents. This was the group’s second denial during the year.

c. Freedom of Religion

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

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government at times restricted the right of citizens, former political prisoners in particular, to foreign travel. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

In-country Movement: Passports serve as a form of identity and authorities required them for permanent housing, work, and hotel registration. Police continued to harass selectively individuals who lived at a location other than their legal place of residence indicated in mandatory stamps in their passports.

The law also requires persons who travel to areas within 15 miles of the border (aside from authorized crossing points) to obtain an entrance pass.

Foreign Travel: The government’s database of persons banned from traveling abroad contained the names of individuals who possessed state secrets, faced criminal prosecution or civil suits, or had outstanding financial obligations. Authorities informed some persons by letter that their names were in the database; others learned only at border crossings. The Ministry of Internal Affairs and security agencies, border and customs services, and financial investigation departments have a right to place persons on “preventive” surveillance lists.

Students required permission from the head of their educational institution to study abroad. The Ministry of Internal Affairs is also required to track citizens working abroad, and employment agencies must report individuals who do not return from abroad as scheduled.

Exile: The law does not allow forced exile, but sources asserted that security forces continued to threaten some opposition members with bodily harm or prosecution if they did not leave the country, and many were in self-imposed exile.

Many university students who were expelled or believed they were under the threat of expulsion for their political activities opted for self-imposed exile and continued their studies abroad.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for granting asylum or refugee status, complementary and temporary protection to foreign citizens and stateless persons, with some exceptions. The government has established a procedure for determining refugee status and a system for providing protection to refugees. The law provides for protection against refoulement granted to foreigners who are denied refugee status or temporary protection but cannot be returned to their countries of origin.

All foreigners except Russians have the right to apply for asylum. According to the terms of the Union Treaty with Russia, Russians may legally settle and obtain residence permits in the country based on their Russian citizenship. Overall, as of October 1, immigration authorities accepted 463 applications for asylum compared with 596 in 2016, including from 359 Ukrainians, 10 Syrians, 8 Afghans, and 12 Pakistani.

In addition to refugee status, the country’s asylum law provides for complementary protection in the form of temporary residence. In the period January-September, 364 foreigners were granted complementary protection (333 Ukrainians, 14 Syrians, six Yemenis, seven Afghans, one Georgian, and three Egyptians).

Freedom of Movement: Asylum seekers have freedom of movement within the country but must reside in the region where they filed their applications for refugee status and in a place known to authorities while their applications are being considered, including during appeals. Authorities reportedly often encouraged asylum seekers to settle in rural areas; however, the majority settled in cities and towns. Change of residence was possible with a notification to authorities. Authorities issue registered asylum seekers certificates that serve as documents to confirm their status of asylum-seekers and identity and protect them from expulsion. In accordance with the law, they also must register with local authorities at their place of residence.

Durable Solutions: Adult asylum seekers have to pay for higher education as well as for nonemergency medical services while minors receive education and medical services free of charge. Free legal assistance, housing, and language training are not available to either asylum seekers or refugees.

Temporary Protection: Although the government may provide temporary protection (for up to one year) to individuals who may not qualify as refugees, it did not do so during the year.

STATELESS PERSONS

As of July 1, the Ministry of the Interior and UNHCR listed 5,915 stateless persons in the country; all had permanent residence according to authorities.

Permanently resident stateless persons held residence permits and were treated comparably to citizens in terms of access to employment, with the exception of a limited number of positions in the public sector and law enforcement that were available only to citizens. There were reports that stateless persons occasionally faced discrimination in employment, since authorities often encouraged them to settle in rural areas where the range of employment opportunities was limited. According to UNHCR, stateless persons could freely change their region of residence.

There is a path towards citizenship for this stateless population. The main requirement is at least seven years’ permanent residence. Authorities have a procedure for expedited naturalization procedures but mostly for individuals born or permanently residing in the country prior to the collapse of the Soviet Union, ethnic Belarusians, their spouses, and descendants. If a child is born into a family of stateless persons permanently residing in the country, the child is entitled to Belarusian citizenship. The decrease of the number of stateless individuals in the country was attributed to their naturalization.

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, but the government consistently denied citizens this ability by not conducting elections according to international standards.

Since his election in 1994 to a four-year term as the country’s first president, Lukashenka steadily consolidated power in the executive branch to dominate all branches of government, effectively ending any separation of powers among the branches. Flawed referenda in 1996 and 2004 amended the constitution to broaden his powers, extend his term in office, and remove presidential term limits. Subsequent elections, including the presidential elections held in 2015 and parliamentary elections held in 2016, continued to deny citizens the right to express their will in an honest and transparent process including fair access to media and to resources.

Elections and Political Participation

Recent Elections: The September 2016 parliamentary elections failed to meet international standards. For the first time in 12 years, however, alternative voices were seated in parliament. The elections were marred by a number of long-standing systemic shortcomings, according to the OSCE/ODIHR, the OSCE Parliamentary Assembly, and the Parliamentary Assembly of the Council of Europe international election observation mission intermediate report. While the observer missions and the international community welcomed visible efforts by authorities to make some procedural improvements, a number of key long-standing recommendations by the OSCE/ODIHR and Council of Europe Venice Commission remained unaddressed, underscoring the need for comprehensive electoral reform as part of the broader democratization process.

The OSCE report found that the legal framework restricts political rights and fundamental freedoms and was interpreted in an overly restrictive manner. While there was an overall increase in the number of candidates, including from the opposition, media coverage did not enable voters to make an informed choice and the campaign lacked visibility. As in past years, only a negligible number of election commission members were appointed from opposition nominees, which undermined confidence in their independence. The early voting, counting, and tabulation procedures continued to be marred by a significant number of procedural irregularities and a lack of transparency.

Out of the 630 nominated candidates, 484 eventually stood for election, including a significant number from the opposition. No candidate was elected unopposed. Despite an overall increase in the number of candidates, the legal provisions for candidate registration allowed for selective implementation. The government did not permit 93 prospective candidates to register, mostly due to inaccuracies in asset and income declarations, an insufficient number of valid signatures in support of their candidacy, or the failure to submit supporting documentation. This approach was overly restrictive, posing disproportionate and unreasonable barriers to candidacy, the OSCE report read.

According to the OSCE report, restrictions on fundamental freedoms of association, expression, and assembly narrowed the public space and negatively affected the environment in which the elections were held. Although a high number of candidates chose not to campaign actively, contributing to broad voter apathy, most were generally able to campaign freely within the restrictive confines of the law. Unequal access to institutions and resources skewed the playing field for candidates, the OSCE assessed. Several candidates stated that the abolition of government campaign financing in 2013 reduced their outreach capacities and therefore limited the choices available to voters and voters’ ability to make an informed decision.

The majority of observers at local polling places appeared to be from government-sponsored NGOs. Many of them reportedly received instructions in advance to report to foreign observers that the proceedings were “in order” or to harass independent observers. These government-sponsored groups did not release any reports on their observation efforts or recommendations on how to improve the process.

The OSCE observation mission reported that during the five-day early voting period, “in 8 percent of cases the ballot box was not sealed securely and in 45 percent it was not secured in a safe or metal box.” Contrary to the law, 16 percent of the observed precinct electoral commissions recorded the aggregated rather than the daily turnout figure in the daily protocols, in 17 percent of the precincts the daily protocols were not posted publicly, and in some 7 percent electoral commissions observers were not allowed to make photos of them. At the close of early voting, authorities announced a turnout of 31 percent. The report read that turnout was significantly higher in precinct commissions assigned to voters in state enterprises and public institutions, including student dormitories, where there were credible allegations and observation of voters being coerced to vote. The report also noted inconsistent completion of daily protocols and complaints made by independent domestic observers at a number of polling stations alleging discrepancies between the reported turnout number and the number of signatures in voter lists.

According to the OSCE observation mission report, observers assessed the counting process negatively in 24 percent of polling stations observed despite authorities’ resolution to enhance observer access to the count. In 27 percent of precinct election commissions, observers were not allowed close to the counting table and to observe without restrictions, and in 8 percent they were not allowed to take photographs of protocols. In many instances international observers reported that the count was hasty and lacked transparency, and in one-quarter of cases observers could not follow the procedures and see voters’ marks on the ballots. In approximately 20 percent of polling stations observed, the final-result protocols were presigned, the validity of ballots was not determined in a consistent and reasonable manner, and spoiled ballots were not packed up and sealed. The tabulation process was observed in all 110 district electoral commissions and assessed negatively in approximately one-quarter of observations. In 12 percent of the precincts there was a delay in transporting precinct protocols to district commissions. In 16 percent of the precincts, the data from precinct protocols were not entered in electronic summarized tables, and in 60 percent the data were not entered in ink. In one-half of the district electoral commissions, observers were not close enough to see data being entered and in one-third of cases were not able to observe the entire process. The government did not permit independent organizations to conduct exit polls.

Local human rights groups Vyasna and the Belarusian Helsinki Committee stated at a postelection press conference that based on their observation the election fell short of international standards and did not fully abide by the country’s legislation. They especially noted their concern regarding early voting procedures, the lack of transparency in the vote-count process, and the domination of election commissions by progovernment organizations.

Amendments in 2013 to the electoral code introduced a simple majority system in the first round of elections for the National Assembly and ended government funding of campaigns while increasing the allowable amount of private funding. Some members of the democratic opposition stated that the amendments disproportionately targeted the opposition because it had little access to private funds given President Lukashenka’s public statements that businesses should not finance the opposition or face punishment. Additionally, the amendments prohibit citizens from campaigning to disrupt elections and referenda or to have them cancelled, postponed, or boycotted. Other changes included regulations on who may appeal for a vote recount and what type of questions may be put to public referendum.

Political Parties and Political Participation: Authorities routinely harassed and impeded the activities of opposition political parties and activists. Some opposition parties lacked legal status because authorities refused to register them, and the government routinely interfered with the right to organize, run for election, seek votes, and publicize views. The government allowed approximately half a dozen largely inactive but officially registered pro-Lukashenka political parties to operate freely.

During the year authorities fined and arrested a number of opposition political parties’ leaders for violating the Law on Mass Events and participating in numerous unauthorized demonstrations. For example, on March 13 in Maladzechna, courts convicted opposition protest leaders United Civic Party Chair Anatol Lyabedzka, cochair of the Belarusian Christian Democracy party Vital Rymasheuski, and For Freedom movement chair Yuri Hubarevich for 15 days. Volha Kavalkova, a Belarusian Christian Democracy party activist, was sentenced to seven days in jail. The four led a local protest on March 10. Authorities sentenced at least nine more opposition activists to up to 15 days in jail.

The law allows authorities to suspend parties for six months after one warning and close them after two. Members of parties that authorities refused to register, such as the Belarusian Christian Democracy Party, continued to be subjected to harassment and arbitrary checks. The law also prohibits political parties from receiving support from abroad and requires all political groups and coalitions to register with the Ministry of Justice.

The Ministry of Justice sent a warning dated March 29 to the Belarusian Popular Front, the United Civic Party, and the For Freedom Movement notifying the three groups that they had violated the Laws on Political Parties and on Mass Events by promoting the March 25 Freedom Day demonstration online before receiving final approval for the demonstration from the city authorities.

Authorities continued to limit activities of the unrecognized Union of Poles of Belarus and harass its members.

Participation of Women and Minorities: No laws limit participation of women or minorities in the political process but patriarchal social attitudes disfavored women’s efforts to achieve positions of power. In 2015 Tatsiana Karatkevich was the first woman to run for president, and on election day President Lukashenka told the press, “our president has numerous functions, from security to the economy. A person in a skirt is unlikely to be able to cope with them now.” He added that even if this were not the case, society was not ready for a female president.

The law provides criminal penalties for official corruption, and the government regularly prosecuted officials alleged to be corrupt; however, reports indicated that some officials continued to engage in corrupt practices with impunity. The World Bank’s Worldwide Governance Indicators reflected that corruption was a serious problem in the country.

In September 2016 the Group of States against Corruption (GRECO) released a summary of the interim compliance report that stated the government partially implemented only one of the 20 recommendations made by the Council of Europe’s anticorruption monitoring body in June 2015. GRECO noted the “lack of an evidence-based comprehensive strategy and a plan of action for the fight against corruption, and of a mechanism that does not only involve the law enforcement agencies to monitor its implementation independently, comprehensively and objectively.”

Individuals dismissed for lower-level corruption face a five-year ban on public-service employment, while those found to have committed more serious abuses are banned indefinitely from government employment. The law also allows seizure of property worth more than 25 percent of a public servant’s yearly income for those found guilty of corrupt practices. The law provides for public monitoring of the government’s anticorruption efforts.

Corruption: According to official sources, most corruption cases involved soliciting and accepting bribes, fraud, and abuse of power, although anecdotal evidence indicated such corruption usually did not occur as part of day-to-day interaction between citizens and minor state officials.

The absence of an independent judicial and law enforcement systems, the lack of separation of powers, and a harried independent press largely barred from interaction with a nontransparent state bureaucracy made it virtually impossible to gauge the scale of corruption or combat it effectively.

The Prosecutor General’s Office is responsible for organizing and coordinating activities to combat corruption, including monitoring law enforcement operations, analyzing the efficacy of implemented measures, supervising engaged parties, and drafting further legislation.

In June the Prosecutor General’s Office reported that from January to May courts heard 584 corruption cases compared with 451 cases in the same period in 2016. The most corrupt sectors were state administration and procurement, the industrial sector, the construction industry, health care, and education.

The Prosecutor General’s Office reported that authorities investigated 1,593 corruption-related crimes in 2016. Of those, 830 were cases related to accepting or giving bribes, 498 were cases of embezzlement, and 231 cases related to abuse of powers.

There were numerous corruption prosecutions during the year, but prosecutions remained selective, nontransparent, and in some cases appeared politically motivated, according to independent observers and human rights advocates.

On August 8, authorities sentenced at least 16 former customs officers in the framework of a corruption-related criminal case for up to 11.5 years with property forfeiture. On September 5, another group of 11 individuals was convicted on similar charges and sentenced to up to 11.5 years. Police opened the investigation in March 2015 and detained 58 officials of the Customs Office in the town of Ashmiany.

Financial Disclosure: Anticorruption laws require income and asset disclosure by appointed and elected officials, their spouses, and members of households who have reached legal age and continue to live with them in the same household. According to the law, specialized anticorruption departments within the Prosecutor General’s Office, the KGB, and the Internal Affairs Ministry monitor and verify anticorruption practices, and the prosecutor general and all other prosecutors are mandated to oversee the enforcement of anticorruption law. These declarations were not available to the public. An exception applies to candidates running in presidential, parliamentary, and municipal elections. There are administrative sanctions and disciplinary penalties for noncompliance.

Women

Rape and Domestic Violence: The law criminalizes rape in general but does not include separate provisions on marital rape. Rape was a problem. According to the Ministry of Internal Affairs, there were 108 registered cases of rape or attempted rape from January to June 2017.

Domestic violence was a significant problem, and the government took measures to prevent it during the year. The government directed efforts to combat gender-based violence mainly by preventing such crimes and not by protecting or assisting victims, although crisis rooms provided limited psychological and medical assistance to victims.

The law on crime prevention establishes a separate definition of domestic violence and provides for implementation of protective orders, which are from three to 30 days in duration. The law requires authorities to provide victims and abusers with temporary accommodation until the protective orders expire. In addition, the code on administrative offenses prescribes a large fine or detention for up to 15 days for battery, intended infliction of pain, and psychological or physical suffering committed against a close family member.

Sexual Harassment: Sexual harassment reportedly was widespread, but no specific laws, other than those against physical assault, address the problem.

Coercion in Population Control: Women with disabilities, as well as pregnant women whose children were diagnosed with potential disabilities in utero, reported that some doctors insisted they terminate their pregnancies. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provides for equal treatment of women with regard to property ownership and inheritance, family law, equal pay for equal work (although in practice women were often paid less), and in the judicial system, and the law was generally respected.

Children

Birth Registration: Citizenship is derived either by birth within the country or from one’s parents. A child of a citizen is a citizen regardless of place of birth, even if one parent is not a citizen. Births were generally registered immediately.

Child Abuse: Authorities intervened to prevent child abuse stemming from domestic violence and identified families in vulnerable conditions, providing foster care to children who could not remain with their immediate families while preventive work was underway. Although the government increased prosecution of child abusers, its efforts to address the causes of child abuse were inadequate. The government instituted a 2017-21 comprehensive national plan to improve childcare and the protection of children’s rights, including for victims of child abuse, domestic violence, and commercial sexual exploitation, and acknowledged a lack of funding and inefficiency in executing certain protective measures. With assistance from NGOs that promote children’s rights, authorities extensively employed procedures for on-the-record, one-time interviewing of child abuse victims in the framework of investigations or criminal cases at specialized facilities under the direct supervision of psychologists. Courts used recorded testimony to avoid repeatedly summoning child abuse victims for hearings. Cases that affected the rights and legitimate interests of minors were generally heard by more experienced judges with expertise in developmental psychology, psychiatry, and education. The government failed to resume operations of a national hotline for assisting children despite various NGOs’ requests to support the hotline.

As of January the Ministry of Education ran 138 social-educational centers nationwide for minor victims of any type of violence or minors finding themselves in vulnerable and dangerous conditions. General health-care institutions provided a wide range of medical aid to child abuse victims free of charge.

Rape or sexual assault of a person known to be a minor is punishable by up to 15 years’ imprisonment. Sexual acts between a person older than 18 and a person known to be younger than 16 carry penalties of up to five years imprisonment.

According to the Interior Ministry, from January to November authorities registered 533 pedophilia and related crimes, including 76 cases of rape of prepubescent children, 173 cases of sexual violence against minors and prepubescent children, 250 cases of sexual intercourse and sexual molestation of minors under age 16, and 34 cases of sexual molestation of minors, and identified 396 victims of these crimes.

Early and Forced Marriage: The legal minimum age of marriage for both boys and girls is 18, although girls as young as 14 may marry with parental consent. There were reports of early marriage in which girls as young as 14 and boys as young as 16 married with parental consent.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. Prostitution of children was a problem. From January to November, the Internal Affairs Ministry investigated 63 cases of the production and distribution of child pornography. Twenty-nine minors were victims of sexual exploitation, including 25 in child pornography, and four in prostitution. The law provides penalties of up to 13 years in prison for production or distribution of pornographic materials depicting a minor. The law generally was enforced.

Institutionalized Children: There was no system for monitoring child abuse in orphanages or other specialized institutions. Authorities did not publicly report on any child abuse incidents in institutions. There were allegations of abuse in foster families. The government opened or continued investigations into some of these cases.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Jewish groups estimated that between 30,000 and 40,000 persons identified themselves as Jews.

Anti-Semitic incidents continued. Jewish community and civil society activists expressed concern regarding pan-Slavic nationalism professed by some extremist groups. Neo-Nazis such as the Russian National Unity group and supporters of similar groups were widely believed to be behind anti-Semitic incidents across the country. Anti-Semitic and xenophobic newspapers, literature, digital video discs, and videotapes, frequently imported from Russia were widely available. The government did not promote antibias and tolerance education.

Authorities in Mahilyou convicted local 26-year-old resident Andrei Kuzmin of inciting ethnic hatred against Russians and Jews, including calling for their annihilation, and sharing ethnically and religiously hateful beliefs and Nazi symbols through his social networking pages, and sentenced him to six months’ imprisonment. Kuzmin reportedly pled guilty in court.

In July media reported that many Holocaust memorials built in Soviet times and more recently do not acknowledge Jewish victims. The Jewish community was working with local authorities to erect new monuments that specifically commemorate Jewish victims.

On February 20, a Mahilyou district court sentenced three individuals for spraying black paint in November 2016 on a monument commemorating thousands of Jews who were killed by Nazis in the local ghetto during the Holocaust. Two of the three young men were sentenced to up to two-and-a-half years’ imprisonment and one received a two-year suspended sentence due to his minor age. All three pleaded guilty and admitted to expressing Nazi ideas and to belonging to a local skinhead group. A higher court dismissed their appeal to challenge their convictions on May 16.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities; discrimination was common.

The law mandates that transport, residences, and businesses be accessible to persons with disabilities, but few public areas were wheelchair accessible or accessible for hearing and vision-impaired persons. The National Association of Disabled Wheelchair Users estimated that more than 90 percent of persons with physical disabilities were unable to leave their places of residence without assistance and stated their residences were not suitable to accommodate persons with physical disabilities. While authorities claimed that 30 percent of the country’s total infrastructure was accessible, disability rights organizations considered this figure inflated although the situation slightly improved during the year.

The country’s lack of independent living opportunities left many persons with disabilities no choice but to live in state-run institutions. Approximately 80 such institutions across the country housed more than 17,000 persons. Disability rights organizations reported that the quality of care in these facilities was low, and instances of fundamental human rights violations, harassment, mistreatment, and other abuse were reported. Authorities frequently placed persons with physical and mental disabilities in the same facilities and did not provide either group with specialized care.

Public transportation was free to persons with disabilities, but the majority of subway stations in Minsk and the bus system were not wheelchair accessible. In September experts of the ACT NGO released a monitoring report indicating that 3.3 percent of all educational institutions across the country were accessible to persons with disabilities, including with vision and hearing disabilities, and most of these facilities were recently constructed.

Disability rights organizations reported difficulty organizing advocacy activities due to impediments to freedom of assembly, censorship, and the government’s unwillingness to register assistance projects (see section 2.b.).

Persons with disabilities, especially those with vision and hearing disabilities, often encountered problems with access to courts and obtaining court interpreters. Women with disabilities often faced discrimination, and there were reports of authorities attempting to take children away from families in which parents had disabilities, claiming that they would not appropriately care for their children. Women with disabilities, as well as pregnant women whose children were diagnosed with potential disabilities in utero, reported that some doctors insisted they terminate their pregnancies.

National/Racial/Ethnic Minorities

Governmental and societal discrimination against Roma persisted. According to leaders of the Romani communities, security and law enforcement agencies arbitrarily detained, investigated, and harassed Roma, including by forced fingerprinting, mistreatment in detention, and ethnic insults.

Authorities continued to harass the independent and unregistered Union of Poles of Belarus, while supporting a progovernment organization of a similar name.

Official and societal discrimination continued against the country’s 7,000 (according to the 2009 census) to 60,000 Roma (according to Romani community estimates). The Romani community continued to experience marginalization, various types of discrimination, high unemployment, low levels of education, and lack of access to social services. Roma generally held citizenship, but many lacked official identity documents and refused to obtain them.

In July, Aliaksandr Burakou, a human rights advocate in Mahilyou, filed a complaint with a local prosecutor’s office asking it to study online reports from local police describing a number of suspects in various cases as Roma. Burakou asserted that such reports incited interethnic discord and hatred towards a certain minority group. The office forwarded Burakou’s complaint to Mahilyou police. On August 1, Mahilyou police dismissed Burakou’s claims and stated that the reports noted ethnicity in order to “promptly identify suspects and investigate their committed crimes and to raise the public’s vigilance.”

There were also expressions of societal hostility toward proponents of the national culture that the government often identified with actors of the democratic opposition, repeatedly labeled by the president as “the fifth column.” Because the government viewed many proponents of the Belarusian language as political opponents, authorities continued to harass and intimidate academic and cultural groups that sought to promote Belarusian and routinely rejected proposals to widen use of the language.

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

Consensual same-sex conduct between adults is not illegal, but discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was widespread, and harassment occurred. Societal discrimination against LGBTI activists persisted with the tacit support of the regime. Police continued to mistreat LGBTI persons and refused to investigate crimes against them.

On May 13, police disrupted a party organized by an LGBTI group at a nightclub in Minsk and wrote down everyone’s names as well as their places of employment or education. Police also briefly detained approximately 10 individuals who either refused to show identification or were identified by police as organizers of the party. Officers reportedly claimed they received notices of possible drug trafficking and abuse of minors at the club. All those detained were released without charge.

The government provides transgender persons with new national identification documents but retains old identification numbers that include a digit that signifies gender. Transgender persons reportedly were refused jobs when potential employers noted the “discrepancy” between the applicant’s identification number and the stated gender. Banks also refused to open accounts for transgender persons on the same grounds.

HIV and AIDS Social Stigma

Societal discrimination against persons with HIV/AIDS remained a problem, and the illness carried a heavy social stigma. The Joint UN Program on HIV/AIDS reported there were numerous reports of HIV-infected individuals who faced discrimination, especially at workplaces and during job interviews. There were also frequent reports of family discrimination against HIV/AIDS-positive relatives, including preventing HIV/AIDS-positive parents from seeing their children or requiring HIV/AIDS-positive family members to use separate dishware.

The government continued to broadcast and post public service advertisements raising awareness concerning HIV/AIDS and calling for greater tolerance toward persons infected with the virus.

a. Freedom of Association and the Right to Collective Bargaining

Although the law provides for the rights of workers, except state security and military personnel, to form and join independent unions and to strike, it places a number of serious restrictions on the exercise of these rights. The law provides for the right to organize and bargain collectively but does not protect against antiunion discrimination. Workers who say they are fired for union activity have no explicit right to reinstatement or to challenge their dismissal in court, according to independent union activists.

The law provides for civil penalties in the form of fines for violations of the freedom of assembly or collective bargaining, which, according to local worker rights advocates, were not sufficient to deter violations. The government also did not enforce these penalties.

The government severely restricted independent unions. The government-controlled Federation of Trade Unions of Belarus is the largest union, claiming more than four million members. It largely resembled its Soviet predecessors and served as a control mechanism and distributor of benefits. The Belarusian Congress of Democratic Trade Unions (BCDTU), with four constituent unions and approximately 10,600 members of independent trade unions, was the largest independent union umbrella organization, but tight government control over registration requirements and public demonstrations made it difficult for the Congress to organize, expand, and strike.

Government did not respect freedom of association and collective bargaining. Prohibitive registration requirements that any new independent union have a large membership and cooperation from the employer continued to present significant obstacles to union formation. Trade unions may be deleted from the register by a decision of the registrar, without any court procedure. The registrar may remove a trade union from the register if, following the issuance of a written warning to the trade union stating that the organization violates legislation or its own statutes, the violations are not eliminated within a month. Authorities continued to resist attempts by workers to leave the official union and join the independent one.

The legal requirements to conduct a strike are high. For example, strikes may only be held three or more months after dispute resolution between the union and employer has failed. The duration of the strike must be specified in advance. Additionally, a minimum number of workers must continue to work during the strike. Nevertheless, these requirements were largely irrelevant, since the unions that represented almost all workers were under government control. Government authorities and managers of state-owned enterprises routinely interfered with union activities and hindered workers’ efforts to bargain collectively, in some instances arbitrarily suspending collective bargaining agreements. Management and local authorities blocked worker attempts to organize strikes on many occasions by declaring them illegal. Union members who participated in unauthorized public demonstrations were subjected to arrest and detention. Due to a persistent atmosphere of repression and the fear of imprisonment, few public demonstrations took place during the year.

The Law on Mass Events also seriously limited demonstrations, rallies, and other public action, constraining the right of unions to organize and strike. No foreign assistance may be offered to trade unions for holding seminars, meetings, strikes, pickets, etc., or for “propaganda activities” aimed at their own members, without authorities’ permission. Authorities across the country continuously denied applications for permission from independent trade unions to hold authorized demonstrations to highlight labor-related issues.

On March 17, a Homyel district court sentenced in absentia prominent trade union activist Andrei Stryzhak to 10 days in jail for a February 21 protest outside the courthouse. A group of activists gathered to demonstrate support to a local resident suing the government regarding a presidentially signed decree enforcing unemployed individuals to pay an annual tax.

On October 3, Minsk city authorities refused the Belarusian Congress of Democratic Trade Union’s application to march through the outer boroughs of the city to hold a demonstration marking October 7 World Day for Decent Work.

Government efforts to suppress independent unions included frequent refusals to extend employment contracts for members of independent unions and refusals to register independent unions. According to BCDTU leader Aliaksandr Yarashuk, no independent unions have been established since a 1999 decree requiring trade unions to register with the government. Authorities routinely fired workers who were deemed “natural leaders” or who involved themselves in NGOs or opposition political activities.

On August 2, the State Control Committee’s Financial Investigations Department raided offices, confiscated equipment and financial documents, and interrogated leaders and members of two independent trade unions, the Radio and Electronics Trade Union (REP) in Minsk and the Trade Union of Miners and Chemical Industry Workers in Salihorsk. Authorities also raided three REP leaders’ private residences, seizing printed materials and digital equipment. REP Head Genadz Fedynich and REP accountant Ihar Komlik were charged with large-scale tax evasion. Authorities placed Komlik in pretrial detention but released him on October 2. Fedynich and Komlik continue to face charges and were banned from leaving the country. Belarusian human rights organizations considered the charges to be politically motivated.

The government requires state employees, including employees of state-owned enterprises, who constituted approximately 70 percent of the workforce, to sign short-term work contracts. Although such contracts may have terms of up to five years, most expired after one year, which gave the government the ability to fire employees by declining to renew their contracts. Many members of independent unions, political parties, and civil society groups lost their jobs because of this practice. A government edict provides the possibility for employers to sign open-ended work contracts with an employee only after five years of good conduct and performance by the employee.

Opposition political party members and democratic activists sometimes had difficulty finding work due to government pressure on employers.

In 2014 the president issued Decree No. 5 On Strengthening the Requirements for Managers and Employees of Organizations, which the authorities stated was aimed at rooting out “mismanagement,” strengthening discipline, and preventing the hiring of dishonest managers in new positions. Among other subjects under the new decree, managers may reduce payment of employee bonuses (which often comprised a large portion of salaries) and workers may be fired more easily. An independent trade union lawyer told the press that workers have fewer rights under the new law.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce its provisions.

Parents who have had their parental rights stripped and are unemployed, or are working but fail to compensate state childcare facilities for the maintenance of their children, are subject to forced employment by court order. Individuals who refuse forced employment may be held criminally liable and face community service or corrective labor for a period of up to two years, imprisonment for up to three years, or other freedom restrictions, all involving compulsory labor and garnishment of 70 percent of their wages to compensate expenses incurred by the government.

In January 2010 the government enforced procedures for placing individuals suffering from chronic alcohol, drug or other substance abuse in so-called medical labor centers when they have been found guilty of committing criminal violations while under the influence of alcohol, narcotics and psychotropic, toxic or other intoxicating substances. Such offenders may be held in these centers by court orders for a period of 12 to 18 months. They are mandated to work and if they refuse, they may be placed in solitary confinement for up to 10 days. On July 31, the deputy head of the Supreme Court, Valer Kalinkovich, justified operations of the medical labor centers, saying there was no alternative for alcohol addicts who also “violated rights of other people.”

An April 2015 presidential decree, On Preventing Social Parasitism, which aims to force individuals to find employment, established a supplemental tax on persons who worked less than six months during the year of up to 360 rubles ($200) annually, depending on how much they paid in taxes when working. The decree applies to all permanent residents, with senior pensioners, legal minors, persons with disabilities, and certain other groups exempted. In 2015 the lower chamber of the parliament introduced penalties for failing to pay the so-called “social parasitism” tax, ranging from a fine to short-term detention that can include court-ordered public community service.

Minsk authorities required officially registered unemployed individuals to perform paid community service two days a month from May to September and one day a month from October to December and January to April. In addition they were banned from receiving an unemployment benefit of up to 46 rubles ($24) a month, depending on their length of unemployment, if they performed less than 22 working days of community service during a year. Individuals with disabilities, single parents and parents of three and more children, as well as parents of children with disabilities and under age 18 were exempt.

Regulations against forced labor were seldom enforced, and resources and inspections dedicated to preventing forced and compulsory labor were minimal and inadequate to deter violations. Penalties for violations included forfeiture of assets and sentences of five to 15 years’ imprisonment. The government rarely identified victims of trafficking, and prosecution of those responsible for forced labor remained minimal. Government efforts to prevent and eliminate forced labor in the country did not improve.

The government continued the Soviet practice of “subbotniks,” (Saturday work) that requires employees of government, state enterprises, and many private businesses to work on some Saturdays and donate their earnings to finance government social and other projects. Employers and authorities intimidated and fined some workers who refused to participate.

Authorities reportedly forced military conscripts to perform work unrelated to their military service.

Prison labor practices amounted to forced labor. Former inmates stated that their monthly wages were as low as three to four rubles ($1.5 to $2). Senior officials with the General Prosecutor’s Office and the Interior Ministry stated in November 2015 that at least 97 percent of all work-capable inmates worked in prison as required by law, excluding retirees and persons with disabilities, and that labor in prison was important and useful for rehabilitation and reintegration of inmates. Authorities also continued to employ unpaid agricultural labor, ordering university and high school students to help farmers during the harvesting season.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16, but children as young as 14 may conclude a labor contract with the written consent of one parent or a legal guardian. The Prosecutor General’s Office is responsible for enforcement of the law. Persons under age 18 are allowed to work in nonhazardous jobs but are not allowed to work overtime, on weekends, or on government holidays. Work may not be harmful to children’s health or hinder their education.

The government generally enforced these laws and penalties ranging from fines and reprimands to 12 years’ imprisonment, which were sufficient to deter most violations. Nevertheless, schoolchildren in isolated cases were induced to help local collective state-owned farms with the August to October harvest. On July 12, a district court in Maladzyechna sentenced two local teachers to two years of “restricted freedom” and a fine of 4,600 rubles ($2,300) each on charges of negligence that resulted in the death of a schoolgirl helping with harvest in September 2016.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on race, gender, language, or social status. These laws do not apply specifically to employment or occupation. The government did not effectively enforce these laws or secure any effective penalties to deter violations. Discrimination in employment and occupation occurred with respect to ethnicity, gender, disability, language, sexual orientation and gender identity and expression, and HIV-positive status (see section 6). In addition some members of the Romani community complained that employers often discriminated against them and either refused to employ them or did not provide fulltime jobs. The government did not take any action during the year to prevent or eliminate employment discrimination. Employment discrimination happened across most economic sectors and in both private and public workplaces.

The law requiring equal pay for equal work was not regularly enforced, and the minister of labor and social welfare stated in June 2016 that on average women were paid 24 percent less than men.

Very few women were in the upper ranks of management or government, and most women were concentrated in the lower-paid public sector. Although the law grants women the right to three years of maternity leave with assurance of a job upon return, employers often circumvented employment protections by using short-term contracts, then refusing to renew a woman’s contract when she became pregnant.

A government prohibition against workdays longer than seven hours for persons with disabilities reportedly made companies reluctant to hire them. Local NGOs reported that up to 85 percent of persons with disabilities were unemployed. Authorities provided minimal welfare benefits for persons with disabilities, and calculations of pensions did not consider disability status. Members of the country’s Paralympic teams received half the salaries and prize money of athletes without disabilities.

e. Acceptable Conditions of Work

As of October 1, the national minimum monthly wage was in excess of the poverty line.

The law establishes a standard workweek of 40 hours and provides for at least one 24-hour rest period per week. The law provides for mandatory overtime and nine days of holiday pay and restricts overtime to 10 hours a week, with a maximum of 180 hours of overtime each year.

The law establishes minimum conditions for workplace safety and worker health, but employers often ignored these standards. Workers at many heavy machinery plants did not wear minimal safety gear. The state labor inspectorate lacked authority to enforce employer compliance and often ignored violations. The number of inspectors was insufficient to deter violations.

The Ministry of Labor and Social Welfare was responsible for enforcement of these laws. Information regarding resources, inspections, remediation, and penalties was not available. The government reported that approximately 400,000 persons worked in the informal economy. The law did not cover informal workers.

The Labor Ministry reported 120 persons killed at workplaces in 2016. The ministry reported the majority of workplace accidents occurred in the heavy machinery production industry and were caused by carelessness, poor conditions, malfunctioning equipment, and poor training and instruction.

The law does not provide workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and/or law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison and detention center conditions met most international standards.

Physical Conditions: Prison overcrowding remained a problem, despite a steady decrease in the number of inmates, the establishment of new prisons during the year, and the increased use of electronic home monitoring. According to the government’s annual report on prisons for 2016, an average of 10,618.8 inmates were held in prisons that had an average capacity of 9,686.8 inmates.

According to the media and prison monitors, conditions in a number of prisons deteriorated sharply during a strike by prison guards between April and June 2016. In May 2016 a delegation from the Council of Europe’s Committee for the Prevention of Torture (CPT) visited prisons where a large number of staff were absent due to the strike, requiring the mobilization of police and the armed forces to manage the situation. In November 2016 the committee released its report on the visit, terming conditions during the strike “intolerable” and noting that virtually all staff at the prisons visited were absent from their posts and that volunteer employees and reassigned staff assisted by police officers and others were not able to provide for acceptable conditions of detention.

On July 13, the CPT formally adopted and released a public statement that noted that for 12 years the CPT had “consistently expressed its deep concern regarding the serious consequences” that can result from strike actions by prison staff in the country. These consequences included continuous confinement of inmates in cells in conditions deemed intolerable, serious disruption in the distribution of meals, dramatic deterioration of personal hygiene conditions and conditions in cells, frequent cancellation of outdoor exercise, serious restrictions on inmate access to health care, and a virtual halt to their contacts with the outside world, including with lawyers. The statement noted that during the 2016 strike, inmates had been “placed in conditions that could amount to inhuman or degrading treatment or lead to the aggravation of conditions already held to be incompatible with… the European Convention on Human Rights.”

Some older facilities experienced maintenance problems that contributed to poor detention conditions. Lengthy wait times for inmates to see medical practitioners were sometimes reported.

Independent Monitoring: The federal mediator acts as an ombudsman, allowing any citizen to address problems with prison administration. The federal mediator is an independent entity appointed by the Chamber of Representatives to investigate and resolve problems between citizens and public institutions. Authorities permitted the CPT to visit prisons and detention centers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The federal police are responsible for internal security and nationwide law and order, including migration and border enforcement, and report to the ministers of interior and justice. Civilian authorities maintained effective control over the federal and local police and the armed forces, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Under the constitution, an individual may be arrested only while committing a crime or by a judge’s order carried out within 48 hours. The law provides detainees the right to prompt judicial determination of the legality of their detention, and authorities generally respected this right. Authorities promptly informed detainees of charges against them and provided access to an attorney (at public expense if necessary). Alternatives to incarceration included conditional release, community service, probation, and electronic monitoring. There was a functioning bail system, and a suspect could be released by meeting other obligations or conditions as determined by the judge.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed promptly and in detail of the charges against them; to a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to have adequate time and facilities to prepare defense; to have free assistance of an interpreter (for any defendant who cannot understand or speak the language used in court); to confront prosecution or plaintiff witnesses and present one’s own witnesses and evidence; to not be compelled to testify or confess guilt; and to appeal. The law extends these rights to all citizens.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations could seek civil remedies for human rights violations through domestic courts and appeal national-level court decisions to the European Court of Human Rights.

PROPERTY RESTITUTION

Holocaust-era restitution is no longer a significant issue in the country. The government has laws and/or mechanisms in place, and nongovernmental organizations (NGOs) and advocacy groups, including the Belgian Jewish community, reported that the government has resolved virtually all Holocaust-era claims where ownership can be traced, including for foreign citizens.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and legal code prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

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: Holocaust denial, defamation, sexist remarks and attitudes that target a specific individual, and incitement to hatred are criminal offenses punishable by a minimum of eight days (for Holocaust denial) or one month (incitement to hatred and sexist remarks/attitudes) and up to one year in prison and fines, plus a possible revocation of the right to vote or run for public office. If the incitement to hatred was based on racism or xenophobia, the case would be tried in the regular courts. If, however, the incitement stemmed from other motives, including homophobia or religious bias, a longer and more costly trial by jury generally would be required. The government prosecuted and courts convicted persons under these laws.

In January an appellate court upheld the 2015 Liege court sentencing of French stand-up comedian Dieudonne to two months of prison and a 9,000 euro ($10,800) fine for incitement to hatred, anti-Semitic and discriminatory statements, and Holocaust denial. Dieudonne made the statements during a 2012 one-man show he held in Liege.

In September an appellate court sentenced former federal representative Laurent Louis to a six-month suspended prison sentence and an 18,000 euro ($21,600) fine for Holocaust denial statements he made on his blog in 2014. Louis was also sentenced to visit one concentration camp each year for the next five years and write up a summary of the visit on his blog. Louis was first sentenced in 2015.

Press and Media Freedom: The prohibition of Holocaust denial, defamation, sexist remarks and attitudes that target a specific individual, and incitement to hatred apply to the print and broadcast media, the publication of books, and online newspapers and journals.

INTERNET FREEDOM

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

According to estimates compiled by the International Telecommunication Union, approximately 86 percent of the population used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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 www.state.gov/religiousfreedomreport/.

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

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

PROTECTION OF REFUGEES

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, including specific subsidiary protection that goes beyond asylum criteria established by the 1951 Convention relating to the Treatment of Refugees and its 1967 protocol. Effective July 2016 refugee status and residence permits are limited to five years and become indefinite if extended.

See section 6, Children, for information on unaccompanied minors who filed asylum claims.

Safe Country of Origin/Transit: The country denied asylum to asylum seekers who arrived from a safe country of origin or transit, pursuant to the EU’s Dublin III Regulation.

Durable Solutions: The country accepted refugees through UNHCR, including persons located in Italy and Greece, under the EU Emergency Relocation Mechanism. The country also conducted a voluntary return program for migrants in cooperation with the International Organization for Migration.

Temporary Protection: The government also provided temporary protection to individuals who do not satisfy the legal criteria for refugee status but who cannot return to their country of origin due to a real risk of serious harm. Under EU guidelines, individuals granted “subsidiary protection” are entitled to temporary residence permits, travel documents, access to employment, and equal access to health care and housing. In 2016 authorities granted subsidiary protection to 3,281 individuals. In the first half of the year, authorities granted protection to 1,636 individuals.

STATELESS PERSONS

According to UNHCR, by mid-2016 there were 2,027 persons in the country who fell under UNHCR’s statelessness mandate. Belgium does not have a significant number of residents who are stateless, de jure or de facto, and does not contribute to statelessness, as the legal framework for stripping an individual of his or her Belgian citizenship does not exist (except in cases of dual citizenship with another country).

To be recognized as stateless, a requestor must go through legal proceedings and acquire a ruling by court on the status of his or her statelessness. The requestor may appeal the court’s ruling. A recognition of statelessness does not automatically afford a stateless person resident status in the country. Stateless persons may apply for Belgian nationality after meeting the requirements legal residency.

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. Voting in all elections is compulsory; failure to vote is punishable by a nominal fine.

Elections and Political Participation

Recent Elections: Federal elections held in 2014 were considered free and fair.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate.

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

Corruption: During the year there were notable scandals (such as Publifin, Kazakhgate, Samusocial, Telenet, and others) involving allegations of corruption by politicians. While some scandals were under investigation for potential illegal activity, others involved legal actions that the public deemed unethical.

Financial Disclosure: The law does not require elected officials to disclose their income or revenue, but they must report if they serve on any board of directors, regardless of whether in a paid or unpaid capacity. Officials in nonelective offices are held to the same standard. Sanctions for noncompliance are infrequent but have been used in the past when triggered by public outrage.

Women

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal, and the government prosecuted such cases. A convicted rapist may receive 10 to 30 years in prison.

The law prohibits domestic violence and provides for fines and incarceration. Legal sanctions for domestic violence are based on the sanctions for physical violence against a third person; the latter range from eight days to 20 years in prison. In cases of domestic violence, these sanctions are doubled. A number of government-supported shelters and telephone helplines were available across the country for victims of domestic abuse.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for women and girls. Reported cases were primarily filed by recent immigrants or asylum seekers. Criminal sanctions apply to persons convicted of FGM/C.

Sexual Harassment: The law aims to prevent violence and harassment at work, obliging companies to set up internal procedures to handle employee complaints. Sexist remarks and attitudes targeting a specific individual are illegal; fines for violations range from 50 to 1,000 euros ($60 to $1,200). The government generally enforced antiharassment laws. Politicians and organizations such as the Federal Institute for the Equality of Men and Women worked to raise awareness of the problem.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Women have the same legal rights as men. The law requires equal pay for equal work and prohibits discrimination on the grounds of gender, pregnancy, or motherhood as well as in access to goods, services, social welfare, and health care.

Children

Birth Registration: The government registered all live births immediately. Citizenship is conferred on a child through a parent’s (or the parents’) Belgian citizenship.

Child Abuse: The government continued to prosecute cases of child abuse and punish those convicted.

Early and Forced Marriage: The law provides that both (consenting) partners must be at least 18 to marry.

Sexual Exploitation of Children: The law prohibits sexual exploitation, abduction, and trafficking and includes severe penalties for child pornography and possession of pedophilic materials. Authorities enforced the law. The penalties for producing and disseminating child pornography range up to 15 years’ imprisonment and up to one year in prison for possessing such material. Belgian girls and foreign children were subjected to sex trafficking within the country.

The minimum age for consensual sex is 16. Statutory rape carries penalties of imprisonment for up 30 years.

Displaced Children: Authorities provided adequate housing and services to unaccompanied minors who filed asylum claims as minors.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The country’s Jewish community was estimated at 40,000 persons. There were 109 reports of anti-Semitic acts in 2016, a steep increase from the 57 notifications in 2015. Anti-Semitic acts included some physical attacks but consisted mainly of verbal harassment of Jews and vandalism of Jewish property. Authorities generally investigated, and where appropriate prosecuted, such cases. Online hate speech continued to be a problem. Jewish groups reported anti-Semitic statements and attitudes in the media and in schools, especially but not exclusively related to the government of Israel and the Holocaust.

The law prohibits public statements that incite national, racial, or religious hatred, including denial of the Holocaust. The government prosecuted and convicted individuals under this law (see section 2.a.). The government also provided enhanced security at Jewish schools and places of worship.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the provisions.

While the government mandated that public buildings erected after 1970 must be accessible to persons with disabilities, many older buildings were still inaccessible. Although the law requires that prison inmates with disabilities receive adequate treatment in separate, appropriate facilities, there were still many such inmates incarcerated in inadequate facilities.

National/Racial/Ethnic Minorities

Ethnic minorities continued to experience discrimination in access to housing, education, and employment. Discriminatory acts primarily took place over the internet, at work, or when individuals attempted to gain access to various public and private services, such as banking and restaurants.

Discrimination against women who wore a headscarf was common in the labor market. The law also prohibits the wearing of a full-face veil (niqab) in public places. Authorities may punish persons who discriminate on the basis of ethnic origin with a fine of up to 137.50 euros ($165) and a jail sentence of up to seven days. There were reports of discrimination against persons of African and Middle Eastern ancestry. Government efforts to address such problems included internal training of officials and police officers and enforcement of laws prohibiting such discrimination.

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

The country has a well developed legal structure for the protection of LGBTI rights, which are included in the country’s antidiscrimination laws. Despite some progress, the underreporting of crimes against the LGBTI community remained a problem.

LGBTI persons from immigrant communities reported social discrimination within those communities. The government supported NGOs working to overcome the problem.

The law provides adequate protections for transgender persons. On May 24, the Federal House approved a law removing the requirement for persons to undergo gender reassignment surgery before they are allowed to change their gender legally. Under the new law, an individual who is at least 16 may make an official statement regarding their gender to officer of the civil status registry, who would notify the general prosecutor. Absent objection from the Office of the General Prosecutor, the person’s birth certificate would be amended within three months.

During the year the government, in cooperation with the regional entities, implemented an antihomophobia action plan. The plan requires government entities to conduct awareness campaigns to combat homophobic stereotypes in schools, youth movements, places of work, and the sports community.

Other Societal Violence or Discrimination

In the aftermath of the 2015 terrorist attacks in Paris and the March 2016 bombing attacks in Brussels, there was an upsurge in anti-Islamic incidents across the country, including demonstrations and attempted demonstrations against Islam in Brussels, Ghent, and Antwerp that were attended by hundreds of protesters. There were reports of individual cases of violence directed against Muslims.

Restrictions on Islamic clothing in public and private sector employment, schools, and public spaces affected Muslim women in particular.

Unia received complaints of discrimination based on physical characteristics, political orientation, social origin, or status.

a. Freedom of Association and the Right to Collective Bargaining

For companies with more than 50 employees, the law provides workers the right to form and join independent unions of their choice without previous authorization or excessive requirements, conduct legal strikes, and bargain collectively. Workers exercised these rights, and citizen and noncitizen workers enjoyed the same rights. Work council elections are mandatory in enterprises employing more than 100 employees, and safety and health committee elections are mandatory in companies employing more than 50 employees. The elections took place in May 2016 without incident. Employers sometimes used judicial recourse against associations attempting to prevent workers who did not want to strike from entering the employer’s premises.

The law provides for the right to strike for all public and private sector workers except the military. The law prohibits antiunion discrimination and employer interference in union functions, and the government protected this right. Trade union representatives cannot be fired for performing their duties and are protected against being fined by their employers; they are also entitled to regular severance payments.

The government generally enforced applicable laws. Resources, inspections, and remediation were adequate. Penalties were generally not sufficient to deter violations as employers often paid fines rather than reinstate workers fired for union activity. At the same time, fines on workers for strike or collective bargaining actions often resulted in breaking strike movements. Administrative or judicial procedures related to trade unions were not longer than other court cases.

Freedom of association and the right to bargain collectively were inconsistently respected by employers. Worker organizations were generally free to function outside of government control. Unions complained that judicial intervention in collective disputes undermined collective bargaining rights.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but such practices occurred. The government effectively enforced the law; resources, inspections, and remediation efforts were adequate. Legal penalties include a maximum prison sentence of 20 years and were sufficient to deter violations.

Forced and compulsory labor included male victims forced to work in restaurants, bars, sweatshops, agriculture, construction, cleaning, and retail sites. Foreign victims were subjected to forced domestic service. Forced begging continued, particularly in the Romani community.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age of employment is 15. Persons between the ages of 15 and 18 may participate in part-time work/study programs and work full time during school vacations. The Ministry of Employment regulated industries that employ juvenile workers to ensure that labor laws were followed; it occasionally granted waivers for children temporarily employed by modeling agencies and in the entertainment business. Waivers were granted on a short-term basis and for a clearly defined performance or purpose that had to be listed in the law as an acceptable activity. The law clearly defines, according to the age of the child, the amount of time that may be worked daily and the frequency of performance. A child’s earnings must be paid to a bank account under the name of the child, and the money is inaccessible until the child reaches 18 years of age.

There are laws and policies to protect children from exploitation in the workplace. The government generally enforced these laws with adequate resources, inspections, and penalties, although such practices reportedly occurred mainly in restaurants. Persons found in violation of child labor laws could face a prison sentence ranging from six months to three years, as well as administrative fines.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation and/or gender identity, HIV-positive status or other communicable diseases, or social status. The government effectively enforced these laws and regulations. The law continued to permit companies to prohibit outward displays of religious affiliation, including headscarves (see section 6).

Employers discriminated in employment and occupation against women, persons with disabilities, and members of certain minorities as well as against internal and foreign migrant workers. The government took legal action based on antidiscrimination laws. The Interfederal Center for Equal Opportunities (Unia) also facilitated arbitration or other settlements in some cases of discrimination. Such settlements could involve monetary payments, community service, or other demands imposed on the offender.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Trade unions or media sometimes escalated cases, and Unia often took a position or acted as a go-between to find solutions or to support alleged victims in the courts.

The Federal Institute for the Equality of Men and Women is responsible for promoting gender equality and may initiate lawsuits if it discovers violations of equality laws. Most complaints received during the year were work-related and most concerned the termination of employment contracts due to pregnancy. Economic discrimination against women continued. In 2016 the institute released a survey (based on 2014 data) indicating that women were paid at an hourly rate that was 7.6 percent less than that paid their male colleagues. This represented an annual gap of 20.6 percent, taking into account part-time work. The law requires that one-third of the board members of publicly traded companies, but not private ones, be women.

The law requires companies with at least 50 employees to provide a clear overview of their compensation plans, a detailed breakdown by gender of their wages and fringe benefits, a gender-neutral classification of functions, and the possibility of appointing a mediator to address and follow up on gender-related problems.

e. Acceptable Conditions of Work

There is a monthly national minimum wage, and it is higher than the official estimate for poverty income level.

The standard workweek is 38 hours, and workers are entitled to four weeks of annual leave. Departure from these norms can occur under a collective bargaining agreement, but work may not exceed 11 hours per day or 50 hours per week. An 11-hour rest period is required between work periods. Overtime is paid at a time-and-a-half premium Monday through Saturday and at double time on Sundays. The Ministry of Labor and the labor courts effectively enforced these laws and regulations. The law forbids or limits excessive overtime. Without specific authorization, an employee may not work more than 65 hours of overtime during any one quarter.

The Employment and Labor Relations Federal Public Service generally enforced regulations effectively. Inspectors from both the Ministry of Labor and the Ministry of Social Security enforced labor regulations. These ministries jointly worked to ensure that standards were effectively enforced in all sectors, including the informal sector, and that wages and working conditions were consistent with collective bargaining agreements. Wage, overtime, and occupational safety violations were most common in the restaurant, construction, and logistics industries.

A specialized governmental department created to fight the informal economy conducted 11,988 investigations in 2016, mainly in the construction, restaurant/hotel, and cleaning sectors. Authorities may fine employers for poor working conditions but may also treat them as cases of trafficking in persons.

Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: According to police, there were no separate prisons designated for women and children.

Administration: Police administer the prison system. There was no available information regarding recordkeeping on prisoners.

Independent Monitoring: No international human rights groups sought access to monitor prisons during the year. The International Committee for the Red Cross (ICRC) has not renewed its memorandum of understanding with the government since 2012 and did not request access to prisons during the year.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest or detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Bhutan Police (RBP) is responsible for internal security. The Royal Bhutan Army (RBA) is responsible for defending against external threats but also has responsibility for some internal security functions, including counterinsurgency operations, protection of forests, and security for prominent persons. The RBP reports to the Ministry of Home and Cultural Affairs, and the king is the supreme commander in chief of the RBA.

Civilian authorities maintained effective control over the Royal Bhutan Army and the Royal Bhutan Police, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving security forces during the year. The army and police have procedures to conduct internal investigations of alleged personnel misconduct. Official courts of inquiry adjudicate the allegations. The king or a senior official makes the final determination on the outcome of a case.

By law the Police Service Board, made up of senior police personnel and a Ministry of Home and Cultural Affairs representative, investigates cases of abuse. Police officers can face criminal prosecution for human rights violations. The RBP has institutional reviews, human rights training, and accountability procedures for its personnel. The Civil and Criminal Procedure Code (CCPC) also provides an avenue to check any abuse of power in criminal investigations by an investigating officer of the RBP.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Under the law, police may only arrest a person with a court-issued warrant or probable cause. Police generally respected the law. Police may conduct “stop and frisk” searches only if a reasonable suspicion that a crime has been committed exists. Arresting authorities must issue an immediate statement of charges and engage in reasonable efforts to inform the family of the accused. The law requires authorities to bring an arrested person before a court within 24 hours, exclusive of travel time from the place of arrest. The law provides for prompt access to a lawyer and government provision of an attorney for indigent clients. Bail is available depending on the severity of charges and the suspect’s criminal record, flight risk, and potential threat to the public. In addition, bail can be granted after the execution of the bail bond agreement. Police can hold remanded suspects for 10 days pending investigation, which courts can extend to 49 days. In cases of “heinous” crimes, the period can then be extended to 108 days should the investigating officer show adequate grounds. The law expressly prohibits pretrial detention beyond 108 days. Under the Anticorruption Act of Bhutan, an Anticorruption Commission is empowered to arrest without a warrant any person upon reasonable suspicion of the person having committed or about to commit an offense. The arrested individual must make a court appearance within 24 hours.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees may pursue a writ of habeas corpus to obtain a court-ordered release.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law stipulates that defendants must receive fair, speedy, and public trials, and the government generally respected this right. A court must hold a preliminary hearing within 10 days of registration of a criminal matter. Before registering any plea, courts must determine whether the accused is mentally sound and understands the consequences of entering a plea. Defendants benefit from a presumption of innocence, have the right to confront witnesses, and cannot be compelled to testify. Convictions require that cases be proven beyond a reasonable doubt. The government has prescribed a standing rule for courts to clear all cases within a year of the case filing. The country has an inquisitorial judicial system and has no jury trials.

Defendants have the right to appeal to the High Court and may make a final appeal to the king, who traditionally delegates the decision to the Royal Advisory Council. Trials are conducted publicly, although a court can order that press and the public be removed from the courtroom for part or all of the trial in the interest of justice. While the law does not require that defendants in criminal trails receive the free assistance of an interpreter, in practice interpreters are provided free of charge or the proceedings are conducted in a language the defendant understands. The court must provide the opportunity for the parties to present relevant evidence, including witness testimony. Prosecutors and defendants are allowed to conduct direct and cross-examination.

Cases are tried pursuant to the CCPC. State-appointed prosecutors for the attorney general generally are responsible for filing charges and prosecuting cases for offenses against the state. In some cases other government departments, such as the Anticorruption Commission (ACC), file charges and conduct prosecutions.

The law provides for the right to representation. Although this occurred frequently in criminal cases, in civil cases most defendants and plaintiffs represented themselves. The law states that criminal defendants may choose legal representation from a list of licensed advocates. The government promoted the use of judiciary websites for legal information as a means of self-help for defendants. There were no reports that the courts denied any groups the right to trial.

POLITICAL PRISONERS AND DETAINEES

Nongovernmental organizations (NGOs) claimed that 28 political prisoners remained in Chamgang Central Jail in Thimphu. Regional media reports corroborated these figures. Family members of the prisoners are allowed to meet their relatives and receive a travel allowance paid by the ICRC. Most political prisoners were Nepali-speaking persons associated with protests in the early 1990s. Government officials claimed that those remaining in prison were convicted of having committed violent crimes during demonstrations. The government reported that as of December 2016, there were 57 prisoners serving sentences resulting from convictions under the National Security Act or its related penal code provisions. No international monitors sought access to these prisoners. Since 2010 the government has released 47 political prisoners, including one granted amnesty by the king.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The CCPC governs the resolution of criminal trials and civil litigation and states that a suit may be initiated by a litigant or a member of the litigant’s family. The CCPC also provides for compensation to those detained or subjected to unlawful detention but later acquitted. Often local or community leaders assisted in resolving minor disputes. As plaintiffs and defendants often represented themselves in civil matters, judges typically took an active role in investigating and mediating civil disputes. The CCPC does not include a provision for appeal to regional human rights bodies.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution states that a person “shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home, or correspondence, or to unlawful attacks on the person’s honor and reputation.” The government generally respected these prohibitions.

Citizens seeking to marry noncitizens require government permission. Government workers are barred from receiving promotions in the case of marriage to a noncitizen. In case such a government worker is employed in the defense or international relations sector, automatic discharge is required.

a. Freedom of Speech and Press

The law provides for freedom of expression, including for the press, and the government generally respected these rights. Citizens could criticize the government publicly and privately without reprisal.

Freedom of Expression: The constitution provides for freedom of speech including for members of the press. Defamation can carry criminal penalties, and citizens were cautious in their expression, especially as it related to criticism of the royal family or government practices.

Press and Media Freedom: The media law does not provide specific protections for journalists or guarantee freedom of information. The media law also prohibits media outlets from supporting political parties. Media sources suggested that while there was commitment to media freedom at the highest levels, some media professionals continued to find bureaucrats unwilling to share information, especially on issues of corruption and violations of the law. Independent media outlets relied heavily on government advertisements for revenue, and most news outlets struggled to generate sufficient revenue to operate.

Censorship or Content Restrictions: In its Freedom in the World 2016 report, Freedom House reported that a 2015 survey of 119 current and former Bhutanese journalists revealed general concerns about press freedom and access to information. Local contacts reported increased use of social media to raise complaints of official misconduct or abuse.

INTERNET FREEDOM

The government generally permitted individuals and groups to engage in peaceful expression of views via the internet. Government officials stated the government did not block access, restrict content, or censor websites. Freedom House reported the government occasionally blocked access to websites containing pornography or information deemed offensive to the state. Such blocked information typically did not extend to political content. The Annual Statistics 2017 of the Ministry of Information and Communications estimated the number of internet users at 72 percent of the population.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

b. Freedom of Peaceful Assembly and Association

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

FREEDOM OF PEACEFUL ASSEMBLY

While the constitution provides for the right to assemble peacefully, the government restricted this right. The 1992 National Security Act permits the government to control the public’s right to assembly “to avoid breaches of the peace” by requiring licenses, prohibiting assembly in designated areas, and declaring curfew. The penal code prohibits “promotion of civil unrest” as an act that is prejudicial to the maintenance of harmony among different nationalities, racial groups, castes, or religious groups.

FREEDOM OF ASSOCIATION

The constitution provides for freedom of association, and the government permitted the registration of some political parties and organizations that were deemed “not harmful to the peace and unity of the country.” Many of the NGOs in the country maintained formal or informal connections to members of the royal family. In its Freedom in the World 2016 report, Freedom House stated the government did not permit the operation of NGOs working on the status of Nepali-speaking refugees. Under the law, all NGOs must register with the government. To register an NGO, an individual must be a Bhutanese citizen, disclose his or her family income and assets, disclose his or her educational qualifications, and disclose any criminal records.

c. Freedom of Religion

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

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited freedom of movement and repatriation. Freedom of movement was sometimes restricted based on location of permanent residence. Rules established differences in citizenship categories and determined whether a person may be granted a “route permit” to travel internally or obtain a passport for international travel. (Bhutanese citizens are required to obtain a security clearance certificate to obtain a passport.)

Foreign Travel: The law establishes different categories of citizenship under which foreign travel is restricted. NGOs reported these restrictions primarily affected ethnic Nepalis although children of single mothers who could not establish citizenship through a Bhutanese father also were affected.

Exile: The law does not address forced exile, and there were no reported cases of forced exile during the year. In the early 1990s, the government reportedly forced between 80,000 and 100,000 Nepali-speaking residents to leave the country, following a series of decisions taken during the 1970s and 1980s establishing legal requirements for Bhutanese citizenship.

In its Freedom in the World 2016 report, Freedom House stated that 18,000 Nepali-speaking refugees remained in Nepal as of late 2015. The government claimed the Office of the UN High Commissioner for Refugees (UNHCR) failed to screen individuals who originally entered these camps to determine whether they had any ties to Bhutan. As of September 2016, after years of international efforts resulting in the resettlement of thousands of refugees, approximately 8,000 Nepali-speaking refugees remained in two refugee camps in Nepal administered by UNHCR.

There continued to be delays in government consideration of claims to Bhutanese citizenship by refugees in Nepal.

Citizenship: Under the constitution, only children whose parents can both be proven to be citizens of Bhutan can apply for citizenship up to their first birthday, after which a petition must be filed with the king to be granted citizenship. Civil society groups noted disproportionate barriers to citizenship faced by Lhotshampa communities and the wives of non-Bhutanese citizens.

NGOs reported that approximately 9,000 applicants have received citizenship since 2006. In June the king granted 137 persons citizenship at a ceremony in Tashichhodzong. The law provides for revocation of the citizenship of any naturalized citizen who “has shown by act or speech to be disloyal in any manner whatsoever to the king, country, and people.” The law permits reapplication for citizenship after a two-year probationary period. The government can restore citizenship after successful completion of the probation and a finding that the individual was not responsible for any act against the government.

PROTECTION OF REFUGEES

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

The Central Tibetan Administration (CTA) reported that since the 1960s, the country had sheltered Tibetan refugees who were initially located in seven settlements. The government reported that the Tibetans had successfully integrated into society and that approximately 1,600 had applied for and received citizenship. As of July, Department of Immigration records showed 2,583 Tibetan refugees in Bhutan. No current records indicate any of these refugees hold work permits. The CTA did not have an official presence in the country and did not provide social and economic assistance to Tibetans in Bhutan. Authorities keep the country’s border with China closed, and Tibetans generally did not transit the country en route to India. The Tibetan population is decreasing as Tibetan refugees adopt Bhutanese citizenship according to the Department of Immigration.

Employment: Reports suggested that some Tibetan refugees and some Nepali-speaking Bhutanese citizens could not obtain security clearances for government jobs, enroll in higher education, or obtain licenses to run private businesses. According to the government, all Bhutanese citizens are eligible for security clearances provided they do not have criminal records.

Access to Basic Services: The government stated that Tibetan refugees have the same access to government-provided health care and education as citizens. According to the CTA, 13 Tibetan refugees have received licenses to run businesses. The CTA also said that while Tibetan refugees are not eligible for government employment, a few Tibetan refugees worked as teachers and health-care providers under temporary government contracts. They reportedly have difficulties traveling within and outside the country.

Durable Solutions: Tibetan refugees could travel to India, although many faced obstacles in obtaining travel permits. There were also reports the government did not provide the travel documents necessary for Tibetan refugees to travel beyond India. The government continued to delay implementing a process to identify and repatriate refugees with claims to Bhutanese residency or citizenship.

STATELESS PERSONS

A nationwide census in 1985 resulted in a determination that many Nepali-speaking persons in Bhutan were not citizens, effectively rendering them stateless. The government alleged that they were not citizens because they could not prove they had been resident in the country in 1958. Officials repeated the census in 1988-89 in the southern districts. During the second round of the census, those who were deemed not to be citizens in 1985 could apply for citizenship provided they met certain conditions. The government categorized those who did not meet the new criteria as illegal immigrants and expelled them. According to NGOs, an unknown number of Nepali-speaking stateless persons remained in the country, mainly in the south. Officials conducted the last census in 2005. While records do not show any figures on stateless persons, informed sources estimated 1,000 families are stateless.

For a child to qualify for Bhutanese citizenship, both parents must be Bhutanese citizens. NGOs and media sources highlighted the existence of stateless children born to unwed mothers who were unable to prove the identity of the father of the child. According to 2014 NGO reports, more than 700 children born in the country were not recognized as Bhutanese citizens because their fathers’ nationality was undocumented. Nonetheless, the government claimed that 20 children in the kingdom fell into this category. In May the UN Committee on the Rights of the Child (UNCRC) urged the government to end discrimination against children based on ethnic origin, particularly in access to education. The UNCRC also requested that the government amend the Citizenship Act of 1985.

Stateless persons cannot obtain “no objection certificates” and security clearance certificates, which are often necessary for access to public healthcare, employment, access to primary and secondary education, enrollment at institutions of higher education, travel documents, and business ownership. The National Commission for Women and Children stated children without citizenship were eligible for public educational and health services.

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.

Elections and Political Participation

Recent Elections: The government successfully held national elections in July 2013. Voters elected the country’s second National Assembly, the lower house of parliament. The opposition People’s Democratic Party won 32 of 47 seats, ousting the former ruling party, the Druk Phensum Tshogpa. International observers generally considered the elections free and fair. There were no reports of significant irregularities during the election process.

Political Parties and Political Participation: The constitution states that political parties shall promote national unity and shall not resort to regionalism, ethnicity, or religion to incite voters for electoral gain. Political parties are required to be broad based, have a national membership, not be limited to a particular regional or other demographic constituency, and not receive money or other assistance from foreign sources. To run for office, party candidates must possess a university degree and resign from a civil service job if held. Individuals who resign from the civil service cannot re-enter the service. While only two political parties contested the 2008 national elections, five parties contested the 2013 elections. The government provided funding only for general elections and maintained rigid guidelines on party financing.

Participation of Women and Minorities: Women were underrepresented in public office. Women occupied 8 percent of the seats in the National Assembly. Nine of the country’s 47 constituencies had women candidates on the ballot. While the Cabinet rejected a proposal to impose a gender quota of 33 percent, it approved a proposal to support efforts and programs that enable women to participate in politics, including efforts to address gender inequality.

As part of the country’s strict separation of religion from politics, the law barred ordained members of the clergy, including Buddhist monks and nuns, from participating in politics. This prohibition meant clergy could not vote or run for office. No other laws limit the participation of women and members of minorities in the political process.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year. Based on the UN Convention against Corruption, the 2011 Anticorruption Act expands the mandate of the ACC to cover the private sector and enhances the ACC’s investigatory powers and functions.

Corruption: The government took an active role in addressing official corruption through the Public Accounts Committee in the National Assembly and the Royal Audit Authority, which monitored the use of government funds. The ACC is authorized to investigate cases of official corruption and allows citizens to post information on its website regarding corrupt practices. The ACC reportedly faced resource constraints. The constitution enables the ACC to act as an independent body although its investigative staff was primarily civil servants answerable to the Royal Civil Service Commission.

The 2016 ACC report detailed 149 complaints of “abuse of functions,” three of bribery, and 153 complaints of deception, coercion, forgery, collusion and other related corruption offenses. The majority of corruption complaints emanated from local government followed by autonomous bodies.

The National Corruption Barometer Survey 2016 conducted by the Bhutan Transparency Initiative listed favoritism and nepotism in recruitment, promotion, and transfer as the most prevalent form of corruption. The survey also reported 63 percent of judges were involved in corruption.

Financial Disclosure: The law requires public servants, and persons working for NGOs using public resources, their spouses, and dependents to declare their income, assets, and liabilities.

According to international NGOs, local civil society organizations practiced self-censorship to avoid issues perceived as sensitive by the government. Sensitive issues included women’s rights and environmental issues. The government reportedly did not permit human rights groups established by the Nepali-speaking community to operate by categorizing them as political organizations that did not promote national unity.

The United Nations or Other International Bodies: The government did not renew its agreement with the ICRC allowing the ICRC to make prison visits to persons detained for crimes against the security of the state after it expired in 2013. The ICRC continued to engage with the government to facilitate prison visits for Bhutanese refugees living in Nepal. In May the ICRC helped launch the Bhutan Red Cross Society. Several humanitarian training activities took place following the launch.

The UN has a resident coordinator in Bhutan, and UN organizations, including the UN Development Program and UNICEF, have a strong presence.

Government Human Rights Bodies: The National Assembly Human Rights Committee (NAHRC) conducted human rights research on behalf of the National Assembly. The Civil Society Organization (CSO) Authority has the legal authority to regulate civil society operations. Fifty CSOs were registered of which 38 were categorized as public benefit organizations and 12 mutual benefit organizations.

Women

Rape and Domestic Violence: In cases of rape involving minors, sentences range from five to 15 years in prison. In extreme cases a person convicted of rape may be imprisoned for life. Spousal rape is illegal and prosecuted as a misdemeanor.

The law prohibits domestic violence. Penalties for perpetrators of domestic violence range from a prison sentence of one month to three years. Offenders also are fined the daily national minimum wage for 90 days. Three police stations housed women and child protection units to address crimes involving women and children, and eight police stations housed desks with officers specifically devoted to women and children’s issues. The government passed rules and regulations clarifying the Domestic Violence Act, trained police on gender issues, and allowed civil society groups to undertake further efforts, including operation of a crisis and rehabilitation center.

Sexual Harassment: The Labor Employment Act has specific provisions to address sexual harassment in the workplace. NGOs reported that these provisions were generally enforced.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provides for equal inheritance for sons and daughters. Traditional inheritance laws stipulate that inheritance is matrilineal and that daughters inherit family land and daughters do not assume their father’s name at birth or their husband’s name upon marriage.

The law mandates the government take appropriate measures to eliminate all forms of discrimination and exploitation of women, including trafficking, abuse, violence, harassment, and intimidation, at work and at home. The government generally enforced this law.

Children

Birth Registration: Under the constitution, only children whose parents are both citizens of Bhutan acquire Bhutanese citizenship at birth. Parents must register a birth before a child turns one year old.

Education: The government provides 11 years of universal free education to children although education is not compulsory. Gender parity at the primary level has been achieved. Girls have unequal access to the country’s secondary and tertiary schools because of their distance, their lack of adequate sanitation, and transportation difficulties.

Child Abuse: The law prohibits child abuse and provides for a minimum penalty of one year’s imprisonment for perpetrators. Schools have banned corporal punishment, and there were no reported incidents in monasteries.

Early and Forced Marriage: The statutory minimum age of marriage for both men and women is 18. Statistics from the 2010 BMIS (the latest available) indicated that 31 percent of marriages occurred before age of 18 and 7 percent before age of 15.

Sexual Exploitation of Children: The law prohibits sexual exploitation, including child pornography, child prostitution, the sale of children, and child trafficking. The legal age of consent is 16 for both boys and girls.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at www.travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

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

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution specifically protects the rights of citizens with disabilities. Legislation directs the government to attend to the security of all citizens in the “event of sickness and disability.” The law requires that new buildings allow access for persons with disabilities, but the government did not enforce this legislation consistently. There were reports that hospitals were generally accessible to persons with disabilities, but residential and office buildings were not.

No government agency had specific responsibility for protecting the rights of persons with disabilities.

National/Racial/Ethnic Minorities

The government claimed Nepali speakers were proportionally represented in civil service and government jobs. English was the medium of instruction in all government schools.

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

The constitution guarantees equal protection of the laws and application of rights but does not explicitly protect individuals from discrimination for sexual orientation or gender identity. Laws against “sodomy or any other sexual conduct that is against the order of nature” exist. The penal code imposes penalties of up to one year in prison for engaging in prohibited sexual conduct.

Members of the LGBTI community reported instances of discrimination and social stigma based on sexual orientation.

The law does not provide any distinct legal status to transgender individuals, nor does it provide explicit protections.

HIV and AIDS Social Stigma

While NGOs claimed that persons with HIV/AIDS faced no widespread stigma, observers noted that such persons feared being open about their condition.

Persons with HIV/AIDS received free medical and counseling services, and the government maintained programs meant to prevent discrimination.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions. Workers can form a union with the participation of at least 12 employees from a single workplace. There is no national trade union. The law does not mention the right to conduct legal strikes. Most of the country’s workforce engages in agriculture, a sector that is not unionized.

The law provides for the right of workers to bargain collectively with employers. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity. Violators may face misdemeanor charges and be compelled to pay damages.

The government effectively enforced applicable laws. Resources, inspections, and remediation were adequate, and penalties for violations were sufficient to deter violations. The law grants workers the right to pursue litigation.

Freedom of association and the right to bargain collectively were respected, although there were few employee unions. No unions formed during the year.

The Ministry of Labor and Human Resources encouraged employee organization by conducting awareness-raising activities about employee rights during routine labor inspections. The government stated that associations of professional taxi drivers, truck drivers, and tour guides existed.

The Ministry of Labor and Human Resources, in its Annual Report 2015-2016, noted the areas of improvement on working conditions included an increase in the number of and conditions for labor inspectors.

The Ministry of Labor and Human Resources, in its Annual Report 2015-2016, noted that 24 labor inspectors conducted 2,434 inspections, issued 418 improvement and prohibition notices, and imposed 40 penalties. The ministry received 190 complaints, of which it resolved 185, while five were pending at year’s end. The complaints received ranged from nonpayment of wages, termination without notice, resignation without notice, nonpayment of benefits, and other issues.

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor, and the government effectively enforced applicable laws. The law makes exceptions with regard to prison labor, work that might be required during an emergency, and work required for “important local and public” celebrations. The penal code criminalizes trafficking for illegal, but not exploitative, purposes. Violations of the labor law with respect to worst forms of child labor, forced and compulsory labor, improvement notice, prohibition notice, nonpayment of compensation, minimum age of admission into employment, employing foreigners without permit, and not complying with permits issued by the government are felonies subject to three to five years’ imprisonment. Resources, inspections, and remediation were adequate, and penalties were sufficient to deter violations.

Government officials acknowledged domestic servants working in private homes where the Ministry of Labor and Human Resources has no jurisdiction may be subject to forced labor. Officials relied on citizens to report forced labor of domestics directly to police. Government officials acknowledged the rise of cross-border human smuggling through illegal agents.

Migrant workers from India who worked in the country’s construction and hydropower sectors and Indian women and girls who worked in domestic service or as caregivers were vulnerable to forced labor. Ministry of Labor and Human Resources noted approximately 54,000 migrants worked in the country, mostly from India. Young, rural citizens were transported to urban areas, generally by relatives, for domestic work, and some of these individuals were subjected to domestic servitude. Unconfirmed reports suggested that girls who worked as domestic servants and entertainers in “drayungs” (karaoke bars) were subjected to labor trafficking through debt and threats of physical abuse. The NAHRC conducted an investigation into drayungs and found no evidence of trafficking or forced labor.

Also see the Department of State’s annual Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 13, and the minimum age for hazardous work is 18. Children under the age of 18 are prohibited from working in dangerous occupations, including mining, construction, sanitary services, carpet weaving, or serving in bars.

While child labor laws were enforced, the Ministry of Labor and Human Resources reported that limited resources placed constraints on the number of inspections conducted and inspectors employed. Penalties included up to nine years of nonbailable imprisonment and were generally sufficient to deter violations.

In 2011 an estimated 19.6 percent of children between the ages of 5 and 14 were engaged in some form of child labor; these are the most current statistics. The BMIS established that 18.4 percent of the labor force in 2010 consisted of children under the age of 18. Children performed agricultural and construction work, completed chores on family farms, or worked in shops and restaurants after school and during holidays. Child labor also occurred in hotels and automobile workshops. Girls were employed primarily as domestic workers, where they were vulnerable to abuse and exploitation.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination for employees and job applicants and prescribes equal pay for equal work. In most cases the government enforced these provisions. Nepal-based organizations representing refugees claimed that Nepali-speaking Bhutanese were subject to discrimination with respect to employment and occupation (see section 6).

e. Acceptable Conditions of Work

The national minimum wage is greater than the national poverty level. The law defined the workday as eight hours per day with a one-hour lunch break, and employers were required to grant regular rest days. Work in excess of the legal workday must be paid at 1.5 times the normal rate.

Government occupational safety and health standards are current and appropriate. Labor regulations grant workers the right to leave work situations that endanger their health and safety without jeopardy to their employment.

The government generally enforced minimum wage, work hours, and occupational health and safety standards, fines and imprisonment effectively in the formal sector. Such penalties generally were sufficient to deter violations. The number of labor inspectors was insufficient to cover the country’s industries. Labor regulations were not effectively applied in the informal sector. In August five workers were buried in a landslide at the Mangdechu hydropower project when one side of the construction pit for the dam collapsed. The Ministry of Labor and Human Resources, in its Annual Report 2015-2016, noted a total of 60 accidents took place during the period, of which 24 were fatal. Such workplace accidents took place in the construction, hydropower, manufacturing and production, mining, and trading services sectors.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

While national authorities made significant progress prior to 2016 in the investigation and prosecution of war crimes committed during the 1992-95 conflict, many problems remained, including insufficient funding, lack of personnel, political obstacles, the unavailability of witnesses and suspects, and the closure of cases due to lack of evidence. While the Prosecutor’s Office and Court of BiH retained the lead in processing the most serious war crimes, authorities worked to revise criteria for the referral of cases to the entity-level judiciaries to speed processing times. Data from April indicated that the Prosecutor’s Office had 779 unresolved cases.

As of September, landmine accidents killed two civilians, while one civilian was injured. According to the country’s Mine Action Center, as of August more than 8,630 active minefields (with an estimated 80,000 devices) remained, endangering more than a half million residents. In many cases, the presence of land mines slowed the return of internally displaced persons (IDPs) and the exhumation of mass graves.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. While there were no reports during the first nine months of the year that government officials employed such tactics, there were no concrete indications that security forces had ended the practice of severely mistreating detainees and prisoners reported in previous years.

In 2016 the Council of Europe’s Committee for the Prevention of Torture (CPT) released a report on its 2015 visit to detention facilities, prisons, and psychiatric establishments in the country. The report cited a considerable number of allegations of widespread police abuse of detainees in Sarajevo, Trebinje, Banja Luka, Turski Lukavac, and Bijeljina. The reported abuse of detainees included slaps, punches, truncheon blows, prolonged handcuffing in stress positions, mock executions, and use of a hand-held electro-shock device. The report stated that the CPT delegation gained the impression from multiple detainee interviews in Bijeljina and Sarajevo that mistreatment (kicks, punches, and slaps) was a routine occurrence and almost considered “normal” practice. In some instances, authorities allegedly abused detainees in order to extort confessions. The CPT found that prosecutors and judges routinely failed to take action regarding allegations of mistreatment.

The CPT also noted that it received several credible allegations of inmate physical mistreatment (slaps, kicks, and punches to various parts of the body) by staff at Mostar Prison. In one case, an inmate alleged that, in response to his repeated banging on his cell door, prison officials handcuffed him behind his back with his wrists hyperflexed, ankle-cuffed him with a walking chain, and placed him empty cell for two days without food or the opportunity to use sanitary facilities. The CPT reported that the findings observed by its delegation’s doctor were compatible with the inmate’s allegation.

Prison and Detention Center Conditions

Physical and sanitary conditions in the country’s prisons and detention facilities varied depending on the location but were generally considered substandard and occasionally life threatening.

Physical Conditions: Conditions in Sarajevo Prison were noteworthy due to dilapidated facilities and overcrowding, with as many as four prisoners living in eight square meters (86 square feet) of common living space. Following a February 2016 inspection, the human rights ombudsman described Sarajevo prison conditions as worst in the country and identified 126 detainees in the facility, which has an optimal capacity of 88. Ombudsmen reported that neither prison management nor Federation authorities had addressed their claims to date.

Prison and detention facilities provided adequate basic medical care and routine arrangements for more complex medical interventions as needed. Ventilation and lighting, however, were lacking in many facilities, particularly Sarajevo Prison. There were no prison facilities suitable for prisoners with physical disabilities.

The CPT reported overcrowding at Sarajevo Prison and inter-prisoner violence at Zenica Prison. The CPT also found that remand prisoners spent 22 hours or more a day confined to their cells and were offered no purposeful activities. In December 2016 authorities opened a newly constructed facility in Sokolac for prisoners from throughout the country determined to be suffering from mental illness at either the time of their offense or during their subsequent incarceration. As a result, authorities transferred prisoners to Sokolac from Zenica Prison, where accommodations for prisoners suffering from mental illness had been described as poor for years.

In 2016 the CPT reported that material conditions in most police holding facilities visited by its delegation were unfit due to lack of natural light, poor ventilation, deplorable hygienic conditions, and an absence of mattresses and bedding. The condition and number of holding facilities at most police agencies generally were well below EU standards.

Administration: According to the 2016 CPT report, authorities throughout the country generally failed to investigate allegations of abuse and mistreatment of detainees and prisoners, particularly those reported to have occurred while in police custody. The human rights ombudsman reported that the most common types of violence among prisoners occurred in the form of extortion, physical and psychological harassment, and intimidation on ethnic and religious grounds.

Independent Monitoring: The government permitted independent human rights observers to visit and gave international community representatives widespread and unhindered access to detention facilities and prisoners. The International Committee of the Red Cross, the CPT, the BiH ombudsmen, and other nongovernmental organizations (NGOs) continued to have access to detention facilities under the jurisdiction of the ministries of justice at both the state and entity levels.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

By law state-level police agencies include the State Investigation and Protection Agency (SIPA), the Border Police, the Foreigners Affairs Service (FAS) (partial police competencies), and the Directorate for Police Bodies Coordination (DPBC). Police agencies in the two entities (the RS Ministry of Interior and the Federation Police Directorate), the Brcko District, and 10 cantonal interior ministries also exercise police powers. SIPA investigates cases of organized crime, human trafficking, war crimes, financial crimes, and international terrorism and provides protection to witnesses before the BiH State Court. The Border Police are responsible for monitoring the borders and detaining illegal migrants until FAS takes custody. The Border Police also investigate other crimes related to the border in accordance with the state criminal code, with the exception of corruption cases. FAS is responsible for tracking and monitoring legal and illegal migration. The DPBC provides physical security for government and diplomatic buildings and personal protection for state-level officials and visiting dignitaries. The DPBC also has an office for coordination with Interpol for state-level police agencies. The Federation Police Directorate investigates cases of intercantonal crimes, domestic terrorism in the Federation, and narcotics smuggling. The RS Ministry of Interior investigates domestic terrorism and all other general crimes in the RS. Brcko police and cantonal police agencies investigate general crimes and public peace and order. The laws outlining the mandates of respective law enforcement agencies of the state, entity, cantonal and district governments contain significant similarities but do not overlap. The competencies of each police agency are established by law.

An EU military force continued to support the country’s government in maintaining a safe and secure environment for the population.

Civilian authorities maintained effective control over security forces, but their complex structure at times resulted in lack of effective coordination and no clear practical division of jurisdictions and responsibilities.

Impunity for war crimes continued to be a problem. Many lower-ranking perpetrators of crimes committed during the 1992-95 conflict remained unpunished, including those responsible for the approximately 8,000 persons killed in the Srebrenica genocide and for approximately 8,000 other persons who remained missing and presumed killed during the conflict. Authorities also failed to prosecute more than a very small fraction of the more than 20,000 instances of sexual violence alleged to have occurred during the conflict.

In the course of its 2015 visit to prisons and remand detention centers, the CPT reported interviewing many persons who stated they had complained about mistreatment by law enforcement officials to the prosecutor or to the judge before whom they appeared. Such complaints met with no response. The CPT noted that, even when detainees displayed visible injuries or made a statement alleging mistreatment, there was usually no apparent follow-up by the prosecutor or judge other than, at times, to order a medical examination that often took place in the presence of the law enforcement officer whom the detainee had accused of mistreatment.

There were reports of police corruption (see section 4). The government has mechanisms to investigate and punish abuse and corruption, but political pressure often prevented the application of these mechanisms. Observers considered police impunity to be widespread, and there were continued reports of corruption within the state and entity security services. There are internal affairs investigative units within all police agencies. Throughout the year, mostly with assistance from the international community, the government provided training to police and security forces designed to combat abuse and corruption and promote respect for human rights.

In 2016 police reported 561 criminal cases of police corruption and made 81 arrests. Most cases of police corruption were commercial in nature, but involving organized crime. For example, in November the former head of the Narcotics Department at the State Investigative and Protection Agency (equivalent to the FBI), Bojan Cvijan, was sentenced to 20 years’ imprisonment for organized crime, robbery, murder and conspiracy to commit crime as part of the large-scale “Lutka” (Doll) investigation and prosecution. In 2016 SIPA conducted 10 police anticorruption operations and arrested 36 persons, a decrease from the 13 such operations that were conducted in 2015 and led to the arrest of 61 persons.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police generally arrested persons based on court orders and sufficient evidence or in conformity with rules prescribed by law. The law requires authorities to inform detainees of the charges against them immediately upon their arrest and obliges police to bring suspects before a prosecutor within 24 hours of detention (72 hours for terrorism charges). During this period, police may detain individuals for investigative purposes and processing. The prosecutor has an additional 24 hours to release the person or to request a court order extending pretrial detention. The court has a subsequent 24 hours to make a decision. The law limits duration of the interrogation up to six hours. The law also limits pretrial detention to 12 months and trial detention up to three years. There is a functioning bail system and restrictions, such as the confiscation of travel documents, are regularly placed on defendants to ensure their appearance in court.

The law allows detainees to request a lawyer of their own choosing, and if they are unable to afford a lawyer, the authorities are to provide one. The law also requires the presence of a lawyer during the pretrial and trial hearings. Detainees are free to select their lawyer from a list of registered lawyers. In its July 5 report, the CPT noted that, in the vast majority of cases, authorities did not grant detainees access to a lawyer at the outset of their detention. Instead, such access only occurred when the detainee was brought before a prosecutor to give a statement or at the hearing before a judge. It was usually not possible for a detainee to consult with his or her lawyer in private prior to appearing before a prosecutor or judge. Juveniles met by the CPT also alleged that they were interviewed without a lawyer or person of trust present.

e. Denial of Fair Public Trial

The state constitution provides the right to a fair hearing in civil and criminal matters while the entity constitutions provide for an independent judiciary, but political parties and organized crime figures sometimes influenced the judiciary at both the state and entity levels in politically sensitive cases. Authorities at times failed to enforce court decisions.

TRIAL PROCEDURES

The law provides that defendants enjoy a presumption of innocence, the right to be informed promptly and in detail of the charges against them, with free interpretation if necessary, and the right to a fair and public trial without undue delay. The law provides for the right to counsel at public expense if the prosecutor charges the defendant with a serious crime. Courts did not always appoint defense attorneys where the maximum prison sentence was less than five years. Authorities generally gave defense attorneys adequate time and facilities to prepare their clients defense. The law provides defendants the right to confront witnesses, to a court-appointed interpreter and written translation of all pertinent court documents into a language understood by the defendant, to present witnesses and evidence on their own behalf, and to appeal verdicts. Authorities generally respected most of these rights, which extend to all defendants.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The law provides for individuals and organizations to seek civil remedies for human rights violations and provides for the appeal of decisions to the European Court of Human Rights (ECHR). The government failed to comply with many decisions pertaining to human rights by the country’s courts. The court system suffered from large backlogs of cases and the lack of an effective mechanism to enforce court orders. Inefficiency in the courts undermined the rule of law by making recourse to civil judgments less effective. The government’s failure to comply with court decisions led plaintiffs to bring cases before the ECHR.

PROPERTY RESTITUTION

The four “traditional” religious communities (Muslim, Serbian Orthodox, Roman Catholic, and Jewish) had extensive claims for restitution of property nationalized during and after World War II. In the absence of a state restitution law governing the return of nationalized properties, many government officials used such properties as tools for ethnic and political manipulation. In a few cases, government officials refused to return properties legally recognized as belonging to religious institutions.

The country has no law that covers immovable communal or private property confiscated during the Holocaust era and no law for the restitution of confiscated, heirless property. The absence of legislation has resulted in the return of religious property on an ad hoc basis, subject to the discretion of local authorities. Since 1995 the Jewish community has not received a single confiscated communal property. In 2005 the Council of Ministers established a Commission for Restitution on Bosnia and Herzegovina that led to draft legislation on restitution; no significant progress on that legislation has been made.

BiH officials expressed support for a working group, but had concerns about the process, details on specific issues, how past efforts to address this issue will impact future discussions, how the working group would be initiated, and factors of history. The minister of civil affairs, assistant minister of human rights and refugees, and the minister of justice agreed to participate in the working group.

Roma displaced during the 1992-95 conflict had difficulty repossessing their property because of discrimination and because they lacked documents proving ownership or had never registered their property with local authorities.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

The law provides for freedom of expression, including for the press, but governmental respect for this right remained poor during the year. Intimidation, harassment, and threats against journalists and media outlets continued with the same intensity as in prior years, while the majority of media coverage was dominated by ethnic and political bias, often encouraging intolerance. Absence of transparency in media ownership remained a problem. In the RS, authorities did not implement a law enacted in 2015 restricting internet speech critical of officials and other individuals.

Freedom of Expression: The country’s law provides for freedom of expression, but irregular implementation and application of the law often undermined press freedoms. The law prohibits expression that provokes racial, ethnic, or other forms of intolerance, including “hate speech,” but authorities did not enforce these restrictions.

According to BiH Journalists’ Association data covering 2006 to 2015, authorities prosecuted approximately 25 percent of reported criminal acts committed against journalists and investigated more than a third of all cases alleging violation of journalists’ rights. Under pressure from professional organizations to address criminal acts against journalists, the Council of Ministers in February adopted an action plan to protect the rights of journalists and media professionals. The BiH Journalists’ Association subsequently noted increased readiness on the part of law enforcement agencies and prosecutors’ offices to address alleged violations of press freedom.

Independent analysts noted the continued tendency of politicians and other leaders to label unwanted criticism as hate speech or treason and to discriminate against media outlets perceived as hostile in their coverage. In one example, in January the Office of the RS President refused to issue credentials to an N1 television crew. Following criticism from the BiH Journalists’ Association, the BiH ombudsman, and the Communications Regulatory Agency (CRA), authorities issued credentials to both N1 and BNTV, a recognized pro-opposition media outlet based in Bijeljina. As of July, the CRA registered one complaint alleging hate speech in the media, although the complaint was later rejected. As of August, the self-regulatory BiH Press Council received 113 complaints related to hate speech and determined that there were 55 cases of incitement and speech spreading hate. Almost all reported instances of hate speech occurred in online media.

Press and Media Freedom: The law prohibiting expression that provokes racial, ethnic, or other forms of intolerance applies to print and broadcast media, the publication of books, and online newspapers and journals but was not enforced. In addition, the BiH constitution, the constitutions of the entities, and the Statute of the Brcko District guarantee freedom of expression; implementation and enforcement of these legal protections remained sporadic. While the country has decriminalized defamation, a large number of cases continued to be brought against journalists, often resulting in extremely high financial fines. Laws delegate responsibility for safeguarding freedom of the press in most instances to the cantons in the Federation and to the entity-level authorities in the RS. While numerous outlets continued to express a wide variety of views, coverage diverged along political and ethnic lines, and media outlets remained subject to excessive influence from government, political parties, and private interest groups. A number of independent media outlets continued to encounter financial problems that endangered their operations.

Authorities continued to exert pressure on media outlets to discourage some forms of expression, and party and governmental control over the major information outlets narrowed the range of opinions represented in both entities. Public broadcasters remained under strong pressure from government and political forces due to a lack of long-term financial stability and their dependence on politically controlled funding sources. These factors limited their independence and resulted in news that was consistently subjective and politically biased.

The main public broadcasters–Radio and Television of Bosnia and Herzegovina (BHRT), Radio and Television of the Republika Srpska (RTRS), and Federation Radio and Television (FTV)–faced continued financial instability due to the loss of dedicated tax revenue. The nationwide public broadcaster BHRT, whose content was considered to be politically neutral, remained on the verge of financial collapse. Institutional instability within the governing structures of FTV also remained unresolved, leaving the Federation’s public broadcaster open to political pressure. FTV continued to demonstrate political bias. The RS government continued directly to control RTRS, using it for promotion of the RS political establishment and to undercut political opposition. After monitoring the public broadcasters’ news programs, the CRA found that RTRS reporting on RS authorities never included criticism. On July 17, the CRA fined the RTRS 29,000 marks ($17,700) for violating provisions requiring fairness and impartiality.

Entity governments and institutions further undercut the independence of their respective broadcasters by excluding the CRA from the process of appointing governing boards for the broadcasters. The various authorities remained subject to competing political interests and failed to establish a public broadcasting service corporation to oversee the operations of all public broadcasters in the country as provided by law.

Violence and Harassment: Intimidation and threats against journalists continued during the year. There were instances of intimidation and politically motivated litigation against journalists for unfavorable reporting on government leaders and authorities. As of July the Free Media Help Line recorded 338 cases involving violations of journalists’ rights and freedoms or pressure from government and law enforcement officials. Authorities registered five death threats against journalists during the year.

After publishing a story on June 29 about a boy crying and begging for food at an iftar meal during Ramadan in the RS village of Konjevic Polje, news director Amir Zukic and journalist Adisa Imamovic from CNN-affiliate N1 were subject to serious threats posted on the Facebook page Bosnjaci.net. N1 filed a criminal complaint against Bosnjaci.net, accusing the website of jeopardizing the safety of its journalists by publishing threatening commentary that incited religious and national hatred. Despite the complaint, the threats continued, and legal proceedings over the criminal complaint were ongoing at year’s end.

Censorship or Content Restrictions: Multiple political parties and entity-level institutions attempted to influence editorial policies and media content through legal and financial measures. As a result, some media outlets practiced self-censorship.

In some instances, media sources reported that officials threatened outlets with loss of advertising or limited their access to official information. Prevailing practices reflected close connections between major advertisers and political circles and allowed for biased distribution of advertising time. Public companies, most of which were under the control of political parties, remained the key advertisers. Outlets critical of ruling parties claimed they faced difficulties in obtaining advertising.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that it monitored private online communications without appropriate legal authority. The law prohibits expression of racial, ethnic, or other intolerance, which includes hate speech. Authorities, however, did not enforce these prohibitions for online media.

While access to the internet is not explicitly listed as a legal right, constitutional and legal protections have been interpreted to also apply to the internet. In the RS, the law declares that internet-based social networks are part of the public domain and provides fines for “insulting or disturbing” content, not clearly defined, published on the internet. Independent analysts considered this provision as an attempt to control online activism and social media, noting that the law broadens police authority. RS authorities have not implemented the law, having initially met strong negative reaction from journalists, NGOs, opposition political parties, and the international community. In 2016 the RS Constitutional Court rejected as unfounded an appeal submitted jointly by Transparency International, the BiH Journalists’ Association, and the Banja Luka Club of Journalists that challenged the legality and constitutionality of the law.

Many news portals were not registered and did not list any contact information, making it difficult to respond against them. The vast majority of registered hate speech cases in the country occurred online.

According to the International Telecommunication Union statistics, approximately 69 percent of the population used the internet in 2016.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Following municipal elections in October 2016, the cantonal governments in Tuzla and Sarajevo passed laws that could restrict the independence and academic freedom of universities within their jurisdiction by giving elected municipal authorities the right to hire and fire university personnel, including academics, at their discretion. The new laws reflected a trend towards increased ethno-politicized influence in the administration of universities, with effects ranging from greater corruption in higher education to ethnic and political bias in the university environment.

The country’s eight public universities remained segregated along ethnic lines, including their curricula, diplomas, and relevant school activities. Professors reportedly on occasion used prejudicial language in their lectures, while the selection of textbooks and school materials reinforced discrimination and prejudice.

FREEDOM OF PEACEFUL ASSEMBLY

The law provides for freedom of peaceful assembly, and the government generally respected this right. In the RS, assembly in front of public institutions is prohibited. NGOs reported that RS authorities at times manipulated and controlled the process of granting the right to assembly to civil society groups. In May the Sarajevo Canton Ministry of Transport failed to respond in a timely matter to a lawful permit request submitted by the Sarajevo Open Center for an LGBTI march for human rights in Sarajevo.

FREEDOM OF ASSOCIATION

The law provides for freedom of association, and the government generally respected this right. Under the law, NGOs can register at the state, entity, and cantonal levels in a generally streamlined and simple administrative process. Cooperation between the government and civil society organizations at the state and entity levels, however, remained weak, while government support for civil society organizations remained nontransparent, particularly regarding the allocation of funds.

c. Freedom of Religion

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

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

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance for internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Authorities routinely placed asylum seekers in the immigration detention center without documenting their asylum requests and frequently issued expulsion and detention orders to would-be asylum seekers without giving them an opportunity to present asylum applications. According to UNHCR, authorities held 45 individuals seeking asylum from Azerbaijan, Afghanistan, Poland, Cuba, Turkey, Pakistan, Syria, Iran, Iraq, and Lebanon at the center during the first six months of the year. Information on the right to seek asylum appeared not to be readily available to potential asylum seekers in the detention center. UNHCR expressed concern that foreigners in detention may not have access to asylum procedures and that authorities may prematurely return some potential asylum seekers under readmission agreements before they have been afforded due opportunity to file a claim for asylum.

INTERNALLY DISPLACED PERSONS (IDPS)

Ministry of Human Rights and Refugees statistics indicated that 98,574 persons still held IDP status resulting from the 1992-95 conflict. The majority of Bosniaks and Croats fled the RS, while Serbs fled the Federation. At the beginning of the year, UNHCR was directly providing protection and/or assistance to 5,344 IDPs. According to UNHCR, an estimated 7,000 persons, including IDPs, continued to live in collective accommodations located throughout the country and meant to be temporary. A substantial number of IDPs and returnees lived in substandard conditions that affected their livelihoods.

The Dayton Peace Accords provide for the right of persons displaced by the conflict to return to their homes. The country’s constitution and laws provide for the voluntary return or local integration of IDPs consistent with the UN Guiding Principles on Internal Displacement.

While physical violence against minority returnees subsided significantly after the war, isolated attacks continued but were generally not investigated or prosecuted adequately. Minority returnees continued to face obstacles in exercising their rights in places of return.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum (refugee or subsidiary protection status), and the government has established a system for providing protection to refugees. Asylum seekers with pending claims have a right to accommodation at the asylum center until the Ministry of Security makes a final and binding decision on their claims. Asylum seekers have the right to appeal a negative decision. The system for providing protection to refugees seeking asylum continued to suffer from a lack of transparency.

UNHCR reported that applicants for refugee status did not have sufficient legal assistance, that there were no clear standards of proof or methods of assessing the credibility of claims, including country of origin, and that guidelines for determining whether there was a risk of persecution were unduly strict. UNHCR also expressed concern regarding the detention of potential asylum seekers who may be denied access to asylum procedures and returned under readmission agreements.

Safe Country of Origin/Transit: The law provides for the application of the concept of “safe country of origin or safe third country.” Under this provision, authorities may deny asylum to applicants who cannot prove they were unable to return to their country of origin or to any country of transit without risking refoulement.

Durable Solutions: The laws provide a program for integration and return of refugees and displaced persons. The country was party to a regional housing program funded by international donors and facilitated in part by UNHCR and the OSCE to provide durable solutions for up to 74,000 refugees and displaced persons from four countries in the region, including 14,000 of the most vulnerable refugees, returnees, and IDPs from BiH. The process of selecting program beneficiaries was protracted, however, due to capacity and management problems that resulted in extended delays in the reconstruction of homes. Fragmented institutional arrangements added administrative delays to the process, as did the political imperative to select beneficiaries proportionally from among the country’s constituent peoples.

Temporary Protection: The government provided subsidiary protection status to individuals who may not qualify as refugees. In the first six months of the year, authorities provided subsidiary protection to one individual and extended existing protection to three others.

The constitution and the law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Citizens generally exercised this right, but observers noted a number of shortcomings.

Elections and Political Participation

Recent Elections: General elections held in 2014 were competitive with candidates and political parties freely campaigning and presenting their programs. According to ODIHR, the Central Election Commission (CEC) administered the elections efficiently, but other international observers provided numerous, credible descriptions of political parties manipulating the makeup of the polling station committees, which endangered the integrity of the election process. There were also reports of problems with the counting process due to inadequate knowledge of appropriate procedures among polling station committee members. According to ODIHR, the campaign finance regulatory system was not adequate to assure the transparency, integrity, and accountability of election processes.

There have been no municipal elections in the city of Mostar since 2008 because of the failure of leading Bosniak and Croat politicians to agree on the implementation of a 2010 Constitutional Court decision requiring reform of the election law.

Political Parties and Political Participation: Some leaders of smaller political parties complained that the larger parties enjoyed a virtual monopoly over government ministries, public services, and media outlets, where membership in a dominant party was a prerequisite for advancement.

Participation of Women and Minorities: Although no laws limit the participation of women in the political process, the country’s patriarchal culture tended to restrict their participation in political affairs. While the law requires that at least 40 percent of a political party’s candidates be women, women held only 19 percent (11 of 57 delegate seats) in the House of Representatives and House of Peoples in the state-level parliament. Women held only two of the nine ministerial positions in the Council of Ministers, while no women held deputy ministerial seats. In the Federation, women held four out of 16 ministerial seats. In the RS, the prime minister was a woman, and women held three out of 16 ministerial seats.

The law provides that Serbs, Croats, and Bosniaks, whom the constitution considers the “constituent peoples” of the country, as well as undefined “others,” must be adequately represented at all levels. The government did not respect this requirement. Apart from the three constituent peoples, the country’s 16 recognized national minority groups remained significantly underrepresented in government. There were no members of a minority group in the state-level parliament. The government made no effort to implement changes required by ECHR rulings dating back to 2009 that the country’s constitution discriminates against “others,” such as Jews and Roma, by preventing them from running for the presidency and seats in the parliament’s upper house.

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively nor prioritize public corruption as a serious problem. Officials frequently engaged in corrupt practices with impunity, and corruption remained prevalent in many political and economic institutions.

Corruption: While the public viewed corruption as endemic in the public sphere, there was little public demand for the prosecution of corrupt officials. The multitude of state, entity, cantonal, and municipal administrations, each with the power to establish laws and regulations affecting business, created a system that lacked transparency and provided opportunities for corruption. The multilevel government structure gave corrupt officials multiple opportunities to demand “service fees,” especially in the local government institutions.

Analysts considered the legal framework for prevention of corruption to be satisfactory across almost all levels of government and attributed the absence of high-profile prosecutions to a lack of political will. Many state-level institutions tasked with fighting corruption, such as the Agency for Prevention and Fight against Corruption, had limited authorities and remained under resourced. Prosecutions were also considered generally ineffective and subject to political manipulation, often resulting in suspended sentences in the case of conviction. Authorities reported that in the previous five years, 84 indictments were filed against high-ranking public officials, of whom 38 were found guilty.

According to professors and students, corruption continued at all levels of the higher education system. Professors at a number of universities reported that bribery was common and that they experienced pressure from colleagues and superiors to give higher grades to students with family or political connections. There were credible allegations of corruption in public procurement, public employment, and health-care services.

Financial Disclosure: Candidates for high-level public office, including for parliament at the state and entity levels and for the Council of Ministers and entity government positions, are subject to financial disclosure laws, although observers noted the laws fell short of standards established by the Organization for Economic Cooperation and Development and other international organizations. The CEC is responsible for overseeing compliance with the laws, while the Conflict of Interest Commission receives financial reports and retains records on public officials. Both institutions, however, lacked authority to verify the accuracy of declarations, and it was believed that public officials and their relatives often declared only a fraction of their total assets and liabilities. Authorities generally failed to make financial disclosure declarations public, ostensibly because of conflicts between the laws on financial disclosure and protection of personal information.

Failure to comply with financial disclosure requirements is subject to criminal sanctions. Authorities did not apply sanctions during the first 10 months of the year.

Women

Rape and Domestic Violence: The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison. The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law. Women victims of rape did not have regular access to free social support and assistance, and continued to confront prejudice and discrimination in their communities and from representatives of public institutions.

While laws in both entities empower authorities to remove the perpetrator from the home, officials rarely, if ever, made use of these provisions. Law enforcement officials were frequently under the mistaken impression that they needed to concern themselves with where the perpetrator would live. As a result, women in danger were compelled to go to safe houses. NGOs reported that authorities often returned offenders to their family homes less than 24 hours after a violent event. In the Federation, authorities prosecuted domestic violence as a felony, while in the RS it can be reported as felony or misdemeanor. Even when domestic violence resulted in prosecution and conviction, offenders were regularly fined or given suspended sentences, even for repeat offenders.

The country undertook several initiatives to combat rape and domestic violence. In June a Ministry of Human Rights and Refugees report on the prevention and combat of domestic violence noted that more than 2,200 professionals working in administration, police agencies, health care, and social service institutions had received training on gender-based violence. In addition, the BiH Gender Equality Agency has a memorandum of understanding with the country’s nine safe houses run by NGOs, which could collectively accommodate up to 200 victims at a time. In the RS, 70 percent of financing for safe houses came from the RS budget, while 30 percent was covered by the budgets of local communities. In the Federation, 30 percent of the financing came from cantonal budgets, while the Federation covered the remaining 70 percent. The financing of safe houses remained a problem throughout the country, especially in the Federation, where the Federation and the cantons failed to honor their obligations to safe houses.

Although police received specialized training in handling cases of domestic violence, NGOs reported widespread reluctance among officers in both entities to break up families by arresting offenders.

Sexual Harassment: The law prohibits sexual harassment, but it was a serious problem. NGOs reported that those who experienced sexual harassment almost never filed complaints with authorities.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The law provides for the same legal status and rights for women as for men, and authorities generally treated women equally. The law does not explicitly require equal pay for equal work, but it forbids gender discrimination. Women and men generally received equal pay for equal work at government-owned enterprises but not at all private businesses. NGOs reported little real progress in advancing equality between men and women in the labor market, noting instead widespread discrimination against women in the workplace, including the regular unwarranted dismissal of women because they were pregnant or new mothers. There is no official legal mechanism for the protection of women during maternity leave, and social compensation during leave is unequally regulated in different parts of the country. Many job announcements openly advertised discriminatory criteria, such as age and physical appearance, for employment of female applicants. Women remained underrepresented in law enforcement agencies.

Gender-biased Sex Selection: The boy-to-girl birth ratio for the country was 107 boys per 100 girls. There were no reports the government took steps to address the imbalance.

Children

Birth Registration: By law, a child born to at least one citizen parent is a citizen regardless of the child’s place of birth. A child born on the territory of the country to parents who are unknown or stateless is entitled to citizenship. Parents generally registered their children immediately after they were born, but there were exceptions, particularly in the Romani community. The NGO Vasa Prava estimated there were slightly fewer than 49 unregistered children in the country, mainly Roma. UNHCR, with the legal assistance of a domestic NGO, registered the births of children whose parents failed to register them.

Education: Education was free through the secondary level but compulsory only for children of the ages of six through 15.

More than 50 schools across the Federation were segregated by ethnicity and religion. Although a “two schools under one roof” system was instituted following the 1992-95 conflict as a way to bring together returnee communities violently separated by conflict, the system calcified under the divisive and prejudicial administration of leading political parties. These parties controlled school administration through the country’s 13 different ministries of education and often enforced education policies based upon patronage and ethnic exclusion. Where students, parents, and teachers choose to resist segregation, they were met frequently with political indifference and sometimes intimidation.

Returnee students throughout the country continued to face barriers in exercising their language rights. For the fourth year in a row, parents of more than 500 Bosniak children in returnee communities throughout the RS continued to boycott public schools in favor of sending their children to alternative schooling financed and organized by the Federation Ministry of Education, with support from the Sarajevo Canton municipal government and the Islamic community. The boycott was based on the refusal of the RS Ministry of Education to approve a group of national subjects (specific courses to which either Bosniak, Serb, and Croat students are entitled, and taught in their constituent language according to their ethnicity) and its insistence instead on formally calling the language children learn in their respective public schools the “language of Bosniak people” instead of the “Bosnian language,” as described in the country’s constitution. In the Federation, Serb students likewise were denied language rights as provided in the Federation constitution, particularly in Canton 10, where authorities prevented the use of Serbian language and textbooks in the Serbian area were not available. Human rights activists noted that many textbooks reinforced stereotypes of the country’s ethnic groups and others missed opportunities to dispel stereotypes by excluding any mention of some ethnic groups, particularly Jews and Roma. State and entity officials generally did not act to prevent such discrimination.

Human Rights Watch asserted that ethnic quotas used by the Federation and the RS to allocate civil service jobs disproportionately excluded Roma and other minorities. The quotas were based on the 1991 census, which undercounted these minorities.

Child Abuse: Family violence against children was a problem. Police investigated and prosecuted individual cases of child abuse. The country’s Agency for Gender Equality estimated that one in five families experienced domestic violence. Municipal centers for social work are responsible for protecting children’s rights but lacked resources and the ability to provide housing for children who fled abuse or who required removal from abusive homes.

Early and Forced Marriage: The legal minimum age for marriage is 18 but may be as young as 16 with parental consent. In certain Romani communities, girls married between the ages of 12 and 14. Children’s rights and antitrafficking activists noted that prosecutors were reluctant to investigate and prosecute arranged marriages involving Romani minors. The government did not have programs specifically designed to reduce the incidence of child marriage.

Sexual Exploitation of Children: The Federation, the RS, and the Brcko District have laws criminalizing sex trafficking, forced labor, and organized human trafficking. The state-level penalty for sexual exploitation of children is imprisonment for up 20 years under certain aggravating circumstances. At the entity level, penalties range from three to 15 years’ imprisonment. Under entity criminal codes, the abuse of a child or juvenile for pornography is a crime that carries a sentence of one to five years in prison. Authorities generally enforced these laws. The law prohibits sexual acts with a person younger than 18.

Girls were subjected to commercial sexual exploitation, and there were reports that Romani girls as young as 12 endured early and forced marriage and domestic servitude. Children were used in the production of pornography.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There were no reports of anti-Semitic violence against members of the Jewish community, which authorities estimated to number fewer than 1,000 persons.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law in both entities and at the state level prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. Discrimination in these areas continued, however. The government lacked a uniform legal definition of disabilities, which complicated access to benefits for those that would readily qualify, and normally prioritized support for war veterans.

The laws of both entities require increased accessibility to buildings for persons with disabilities, but authorities rarely enforced the requirement. Human rights NGOs complained that the construction of public buildings without access for persons with disabilities continued. In July 2016 the Federation government adopted a strategy that established benchmarks for the advancement of the rights of the disabled in areas of health, education, accessibility, professional rehabilitation and employment, social welfare, and culture and sports. The RS had no specific strategy regarding the rights of persons with disabilities.

NGOs complained that the government did not effectively implement laws and programs to help persons with disabilities. A special report by the human rights ombudsman released in December 2016 concluded, however, that significant progress had been made in the previous year towards increased accessibility and integration of the disabled into state-level legislative bodies in the country.

The law enables children with disabilities to attend regular classes when feasible. Due to lack of financial and physical resources, schools often reported that they were unable to accommodate them. Children with disabilities either attended classes using regular curricula in regular schools or attended special schools. Parents of children with significant disabilities reported receiving limited to no financial support from the government, notwithstanding that many of them were unemployed because of the round-the-clock care required for their dependents.

National/Racial/Ethnic Minorities

Members of minorities continued to experience discrimination in employment and education in both the government and private sectors. While the law prohibits discrimination, human rights activists frequently complained that authorities did not adequately enforce the law.

Harassment and discrimination against minorities continued throughout the country, although not as frequently as in previous years. The Interreligious Council of BiH reported, for example, that the number of attacks against religious objects has decreased significantly over the past year.

Violence and acts of intimidation against ethnic minorities at times focused on symbols and buildings of that minority’s predominant religion. For more information, see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

Roma experienced discrimination in access to housing, health care, education, and employment opportunities, and almost 99 percent of them remained unemployed. A significant percentage were homeless or without water or electricity in their homes. Many dwellings were overcrowded, and residents lacked proof of property ownership. Approximately three-fourths lived in openly segregated neighborhoods.

Authorities frequently discriminated against Roma, which contributed to their exclusion by society. Many human rights NGOs criticized law enforcement and government authorities for widespread indifference toward Romani victims of domestic violence and human trafficking, even though the majority of registered trafficking victims in recent years were Roma.

The country has an established legal framework for protection of minorities. State and entity-level parliaments had national minority councils that met on a regular basis but generally lacked resources and political influence on decision-making processes.

On July 19, the Council of Ministers adopted a 2017-20 action plan to improve employment, housing, and health care for the Romani population that included approximately 24.2 million marks ($14.8 million) in budgetary allocations.

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

While law at the state level prohibits discrimination based on sexual orientation, authorities did not fully enforce it. Both entities and the Brcko District have laws that criminalize any form of hate crime committed on the basis of the gender, sexual orientation, or gender identity of the victim.

LGBTI persons faced frequent harassment and discrimination, including termination of employment. Local advocacy NGOs reported increasing levels of documented domestic and peer violence committed against LGBTI individuals during the year. NGOs also reported that schools have become increasingly hostile environments, where LGBTI persons regularly experienced harassment and violence. In some cases, dismissal letters from work explicitly stated that sexual orientation was the cause of termination, making it extremely difficult for those dismissed to find another job. In the face of such risks, LGBTI persons rarely reported discrimination to police.

The prosecution of assault and other crimes committed against members of the LGBTI community remained delayed and generally inadequate. In the first four months of the year, the Sarajevo Open Center registered five cases of domestic violence perpetrated by immediate family members as well as threats, blackmail, , physical assaults, and forced medical treatment. In March the Sarajevo University Student Senate condemned a homophobic speech delivered by the former president of the Student Parliament in March 2016.

HIV and AIDS Social Stigma

Significant social stigma and employment discrimination against persons with HIV/AIDS remained among members of the public as well as health workers. A Sarajevo-based NGO reported that infected persons experienced the greatest stigma and discrimination when seeking dental treatment.

Other Societal Violence or Discrimination

Societal discrimination and occasional violence against ethnic minorities at times took the form of attacks on places symbolic of those minorities, including religious buildings. According to the Interreligious Council, an NGO that promotes dialogue among the four “traditional” religious communities (Muslim, Serbian Orthodox, Roman Catholic, and Jewish), attacks against religious symbols, clerics, and property significantly decreased in the first eight months of the year, compared with the same period in 2016.

Promotion of Acts of Discrimination

There were widespread instances of media coverage and public discourse designed to portray members of other ethnic groups in negative terms, usually in connection with the 1992-95 conflict. During the year the RS president and senior officials in his political party as well as other officials and leaders in the RS repeatedly denied that Serb forces committed genocide at Srebrenica in 1995, despite the opposite findings of multiple local and international courts.

a. Freedom of Association and the Right to Collective Bargaining

The Federation and the RS labor laws provide for the right of workers in both entities to form and join independent unions, bargain collectively, and conduct legal strikes. Employers in the private sector did not always respect these rights. The law prohibits antiunion discrimination but does not provide adequately for enforcement of these protections. The labor inspectorates and courts did not deal effectively with employees’ complaints of antiunion discrimination. The law prescribes reinstatement of dismissed workers in cases where there is evidence of discrimination, whether for union activity or other reasons. Entity-level laws in the Federation and the RS prohibit the firing of union leaders without prior approval of their respective labor ministries.

The law in both entities and in the Brcko District provides for the right to strike. The law in the Federation contains burdensome requirements for workers who wish to conduct a strike. Trade unions may not officially announce a strike without first reaching an agreement with the employer on which “essential” personnel would remain at work. Authorities may declare the strike illegal if no agreement is reached. This provision effectively allowed employers to prevent strikes. Laws governing the registration of unions give the minister of justice powers to accept or reject trade union registration on ambiguous grounds. According to informal estimates, approximately 40 percent of the work force was unregistered and working in the informal economy.

In 2015 the Federation adopted a new labor law. Trade unions, employers, and the government subsequently spent a long time negotiating new collective bargaining agreements to regulate such matters as minimum wages and various allowances. The negotiations resulted in the dismissal of numerous nontax allowances granted to employees in the public sector and inherited from the communist era. In 2016 the RS also passed a new labor law. Negotiations continued between unions, employers, and the government on new collective bargaining agreements to regulate the minimum wage, wage increases based on experience, and other benefits and nontaxable allowances.

The government did not effectively enforce all applicable laws. Authorities did not impose sanctions against employers who prevented workers from organizing. Inspections related to worker rights were limited. Ministry inspectors gave low priority to violations of worker rights; state officials focused instead on bolstering revenues by cracking down on unregistered employees and employers who did not pay taxes. Some unions reported that employers threatened employees with dismissal if they joined a union and in some cases fired union leaders for their activities. Entity-level penalties for violations included monetary fines that were not sufficient to deter violations. Judicial procedures were subject to lengthy delays and appeals.

Authorities and employers generally respect freedom of association and the right to collective bargaining. The governments and organizations of employers and workers in both entities negotiated general collective agreements establishing conditions of work, including in particular private employers. It was not confirmed that all employers recognized these agreements. Trade union representatives alleged that antiunion discrimination was widespread in all districts.

b. Prohibition of Forced or Compulsory Labor

Adequate legislation exists at the state level and in the RS and the Brcko District for forced or compulsory labor. Federation laws, however, do not criminalize all forced labor activities. The government did not enforce these laws effectively, but there was little verified evidence that forced labor occurred in the country. Penalties for violations range from three to 10 years in prison and were generally sufficient to deter violations, but resources, inspections, and remediation were inadequate.

The prosecution of 13 BiH nationals for collusion in forced labor involving 672 victims of forced labor in Azerbaijan in 2015 continued in BiH court. There were reports that individuals and organized crime syndicates trafficked men, women, and children for begging and forced labor (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment of children in both entities is 15; minors between the ages of 15 and 18 must provide a valid health certificate to work. RS and Brcko District laws penalize employers for hiring persons younger than 15. The labor codes of the Federation, the RS, and the Brcko District also prohibit minors between the ages of 15 and 18 from working at night or performing hazardous labor, although forced begging is not considered a hazardous task for all entities and the Federation’s labor code does not define hazardous labor. Entity governments are responsible for enforcing child labor laws, and both entities and the Brcko District enforced them. Boys and girls were subjected to forced begging and involuntary domestic servitude in forced marriages. Sometimes forced begging was linked to other forms of human trafficking. In the case of Romani children, family members or organized criminal groups were responsible for both subjecting girls and boys to forced begging and domestic servitude in forced marriages. Several of the worst forms of child labor occurring in the country included the use of children for illicit activities, commercial sexual exploitation of children, and the use of children for the production of pornography (see section 6, Children).

During the year the government did not receive reports of child labor at places of employment. Neither entity had inspectors dedicated to child labor inspections; authorities investigated violations of child labor laws as part of a general labor inspection. Labor inspectors trained to recognize child labor believed that they did not discover any child labor cases because of overall high unemployment rate of 40 percent in BiH. The labor inspectorates of both entities reported that they found no violations of child labor laws, although they did not conduct reviews of children working on family farms. The government did not collect data on child labor because there were no reported cases. The general perception among officials and civil society was that exploitation of child labor was rare. RS law imposes fines for employing children younger than 16, but the law does not specify the exact monetary amount. Penalties were usually sufficient to deter violations.

During 2016 NGOs running day centers in Banja Luka, Tuzla, Mostar, Bijeljina, Bihac, and Sarajevo in cooperation with the country’s antitrafficking coordinator provided services to at-risk children, many of whom were involved in forced begging on the streets.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations related to employment or occupation prohibit discrimination based on race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status, other communicable diseases, social status, religion, and national origin. The government generally enforced these laws and regulations effectively.

Discrimination in employment and occupation occurred with respect to race, gender, disability, language, ethnicity, sexual orientation and gender identity, HIV-positive status, and social status (see section 6).

e. Acceptable Conditions of Work

The monthly minimum wage in the Federation is less than the official poverty income level. In the RS, the monthly minimum wage is also less than the official poverty income level. Brcko District did not have a separate minimum wage or an independent pension fund, and employers typically used the minimum wage rate of the entity to which its workers decided to direct their pension funds.

The legal workweek in both entities and the Brcko District is 40 hours, although seasonal workers may work up to 60 hours. The law limits overtime to 10 hours per week in both entities. An employee in the RS may legally volunteer for an additional 10 hours of overtime in exceptional circumstances. The Federation has no provision for premium pay, while the RS requires a 30 percent premium. Laws in both entities require a minimum rest period of 30 minutes during the workday.

Employers in each entity and the Brcko District must provide a minimum of nine paid annual holidays. Employees may choose which holidays to observe depending on ethnic or religious affiliation. Entity labor laws prohibit excessive compulsory overtime. The entities and the Brcko District did little to enforce regulations on working hours, daily and weekly rest, or annual leave.

The Federation Market Inspectorate, the RS Inspectorate, and the Brcko District Inspectorate are responsible for enforcement of labor laws in the formal economy. Authorities in the two entities and the Brcko District did not adequately enforce labor regulations. The penalties for wage and safety violations were generally sufficient to deter violations.

The Federation and the RS set mandatory occupational health and safety standards, especially for those industry sectors where working conditions were hazardous. Worker rights extended to all official (i.e., registered) workers, including migrant and temporary workers.

Governments in both entities made only limited efforts to improve occupational safety and health at government-owned coal mines; such efforts were inadequate for the safety and security of workers. Workers in certain industries, particularly metal and steel processing and coal mining, often worked in hazardous conditions. A collapse at the Zenica coal mine in January resulted in two injuries to coalmine workers. There were no official social protections for workers in the informal economy.

Workers could not remove themselves from situations that endanger their health or safety without jeopardizing their employment. Authorities provided no protection to employees in this situation.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports of police using such tactics. Some laws prescribe corporal punishment for offenders. Some human rights groups viewed these provisions as cruel and degrading; the Court of Appeals ruled these provisions do not violate the constitution’s provisions on torture or inhuman treatment.

Survival International, a UK-based nongovernmental organization (NGO), claimed that in July 2016 police on an antipoaching operation shot from a helicopter at a group of Basarwa (San) hunting in the Central Kalahari Game Reserve (CKGR). Survival International stated nine of the men were later stripped and beaten while in police custody. The Botswana Police Service (BPS) denied the claims.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards and continued to improve with further reduction of inmate overcrowding.

Physical Conditions: Authorities occasionally held juveniles with adults, although only for a few days while awaiting transport.

The Center for Illegal Immigrants (CII) in Francistown is a dedicated facility for processing asylum and other immigration claims by individuals who entered the country illegally. According to the UN High Commissioner for Refugees (UNHCR) in 2016, conditions in the CII deteriorated considerably and no longer met minimum standards. UNHCR reported authorities housed some women and child asylum seekers in tents that were prone to leaking during rains. Sanitary conditions were inadequate, increasing the risk of communicable diseases. Safety was also an issue, and a minor asylum seeker was reportedly sexually assaulted.

Administration: Prison recordkeeping was adequate but utilized mostly paper records, and there was no plan to upgrade to computerized systems.

Authorities investigated credible allegations of inhuman conditions brought by inmates against prison officials and took disciplinary or judicial action against persons responsible for abuses. The law requires visits to prisons on a quarterly basis.

Independent Monitoring: The government generally allows access to prisoners by international and local NGOs and permitted independent human rights observers to visits prisons. The International Committee of the Red Cross visited prisons.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The BPS, under the Ministry of Defense, Justice, and Security in the Office of the President, has primary responsibility for internal security. The Botswana Defense Force (BDF), which reports to the president through the minister of defense, justice, and security, is responsible for external security and has some domestic security responsibilities. The Directorate for Intelligence and Security Services (DISS), under the Office of the President, collects and evaluates external and internal intelligence, provides personal protection to high-level government officials, and advises the presidency and government on matters of national security. Civilian authorities maintained effective control over the BPS, BDF, and DISS, and the government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving security forces.

BPS officers received human rights training at the country’s International Law Enforcement Academy.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police must produce an arrest warrant issued by a duly authorized magistrate upon the presentation of compelling evidence, except in certain cases, such as when an officer witnesses a crime being committed or discovers a suspect is in possession of a controlled substance. DISS personnel have the power to enter premises and make arrests without warrants if the agency suspects a person has committed or is about to commit a crime. Elements of civil society continued to criticize the DISS, claiming it did not receive sufficient independent oversight and posed a potential threat to civil liberties.

The law requires authorities to inform suspects of their rights upon arrest, including the right to remain silent, and to file charges before a magistrate within 48 hours. Authorities generally respected these rights. There were no reports of denial of a suspect’s right to an attorney during the first 48 hours after arrest and arraignment before a magistrate. A magistrate may order a suspect held for 14 days through a writ of detention, which may be renewed every 14 days. The law provides for a prompt judicial determination of the legality of a person’s detention. Heavy court caseloads occasionally delayed this determination. Authorities generally informed detainees of the reason for their detention, although there were some complaints this did not always occur. There is a functioning bail system, and detention without bail was unusual except in murder cases, where it is mandatory. Detainees have the right to contact a family member and hire attorneys of their choice but most could not afford legal counsel. There were no reports authorities held suspects incommunicado or under house arrest.

Pretrial Detention: A writ of pretrial detention is valid for 14 days and is renewable every 14 days. Some detainees, however, waited several weeks or months between the filing of charges and the start of their trials. Pretrial detention in murder, rape, livestock theft, and robbery cases sometimes exceeded a year, but there were no reports of instances in which the length of detention equaled or exceeded the sentences later actually imposed. Delays were largely due to judicial staffing shortages.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence. The civil courts remained unable to provide timely trials due to severe staffing shortages and a backlog of pending cases.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy a presumption of innocence, and authorities generally informed them promptly and in detail of the charges against them, with free interpretation from the moment charged through all appeals if he or she cannot understand the language of the court. Trials in the civil courts are public, although trials under the National Security Act may be secret. Defendants have the right to be present and consult with an attorney in a timely manner. In capital cases the government provides legal counsel, or private attorneys work pro bono for indigent clients. Courts tried those charged with noncapital crimes without legal representation if they could not afford an attorney. As a result, many defendants were not aware of their procedural rights in pretrial or trial proceedings. Defendants may question witnesses against them. Defendants may present witnesses and evidence on their own behalf. Defendants have the right to adequate time and facilities to prepare their defense and to appeal. Defendants are not compelled to testify or confess guilt. The constitution states these rights extend to all citizens. Some NGOs provided limited, free legal assistance.

In addition to the civil court system, a customary or traditional court system also exists. According to traditional practice, a tribal chief presides over most small villages. While customary (traditional) courts enjoyed widespread citizen support and respect, they often did not afford the same due process protections as the formal court system. Although defendants may confront, question, and present witnesses in customary court proceedings, they do not have legal counsel, and there are no standardized rules of evidence. Customary trials are open to the public, and defendants may present evidence on their own behalf. Tribal judges, appointed by the tribal leader or elected by the community, determine sentences. Many tribal judges were poorly trained. The quality of decisions reached in the customary courts varied considerably, and defendants often lacked a presumption of innocence. Tribal judges applied corporal punishment, such as lashings on the buttocks, more often than did civil courts. Those convicted in customary courts may file appeals through the civil court system.

Small-claims courts were established in 2009 in Francistown and Gaborone. There were reports of heavy caseloads and new procedures limiting the courts’ effectiveness. Many cases remained delayed for several months, and the National Legal Association criticized judges who did not deliver rulings in a timely manner.

A separate military court system does not try civilians. Military courts have separate procedures from civil courts. Defendants in military courts are able to retain private attorneys at their own expense and see evidence to be used against them. Defendants in military court can have their cases transferred to the civilian judicial system. Additionally, military personnel can take other military personnel to civilian civil court.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

In the formal judicial system, there is an independent and impartial judiciary in civil matters, including for human rights cases, which includes a separate industrial court for most labor-related cases. Administrative remedies were not widely available. By mutual agreement of the parties involved, customary courts, which handle land, marital, and property disputes, tried most civil cases; they often did not afford the same due process protections as the formal judicial system. The country has not ratified the protocol that established the African Court of Human and Peoples’ Rights, although individuals and organizations may file complaints regarding domestic decisions with the African Commission on Human and Peoples’ Rights.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.

Freedom of Expression: The constitution and law provide for freedom of speech and press, however the law restricts the speech of some government officials and fines persons found guilty of insulting public officials or national symbols. The law states, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the president, any other member of the National Assembly, or any public officer” is guilty of an offense and may be fined up to 400 pula ($40). The penal code also states that any person who insults the country’s coat of arms, flag, presidential standard, or national anthem is guilty of an offense and may be fined up to 500 pula ($50).

Press and Media Freedom: NGOs and media reported the government attempted to limit press freedom. The government dominated domestic broadcasting.

The government owned and operated the Botswana Press Agency, which dominated the print media through its free, nationally distributed newspaper, Daily News, and two state-operated FM radio stations. State-owned media generally featured reporting favorable to the government and, according to some observers, were susceptible to political interference. Opposition political parties claimed state media coverage heavily favored the ruling party. The government ombudsman stated in an August 28 report that public broadcaster Botswana Television “unduly favored” the ruling party in its political coverage.

The independent media were active and generally expressed a wide variety of views, which frequently included strong criticism of the government; however, members of the media complained they were sometimes subject to government pressure to portray the government and country in a positive light. Private media organizations had more difficulty than government-owned media obtaining access to government-held information.

Violence and Harassment: In March, DISS agents reportedly detained and threatened three journalists from the INK Center for Investigative Journalism near President Khama’s private residence in Mosu. The journalists were researching claims that public funds were being used to construct the residence.

Censorship or Content Restrictions: Some members of civil society organizations alleged the government occasionally censored stories in the government-run media it deemed undesirable. Government journalists sometimes practiced self-censorship. The government banned private radio station GabzFM from broadcasting live content after it aired a controversial live interview with anti-lesbian, gay,bisexual, transgender, and intersex (LGBTI) American pastor Steven Anderson in September 2016.

Libel/Slander Laws: In 2014 police arrested Sunday Standard editor Outsa Mokone and charged him with sedition for publishing articles about an automobile accident allegedly involving President Khama. Observers noted the use of the penal code’s sedition clause for a newspaper article was unprecedented and further noted the Sunday Standard had published several articles exposing corruption allegations within the DISS. In 2016 lawyers for Mokone sought to have the charges dropped based on the penal code’s infringement of the defendant’s constitutional right to freedom of expression. That same year the High Court ruled the penal code’s sedition clause was constitutional and charges of sedition against Mokone could proceed. The case was still pending at year’s end.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, in 2015 approximately 27 percent of individuals used the internet.

ACADEMIC FREEDOM AND CULTURAL EVENTS

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

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

FREEDOM OF PEACEFUL ASSEMBLY

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

In February tertiary students protested delays in student allowance payments and course accreditation in a series of riots in Gaborone. There were media reports the BPS used rubber bullets, tear gas, and rubber whips to disperse crowds. One student was reportedly shot with a rubber bullet and others beaten. A student claimed to have been mistreated while in police custody based on her transgender identity, saying police made her strip to disclose her gender.

c. Freedom of Religion

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

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

PROTECTION OF REFUGEES

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. The system for granting refugee status was accessible but slow. The government generally provided protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.

The government generally cooperated with UNHCR and other humanitarian organizations in assisting more than 2,800 refugees, asylum seekers, and other persons of concern. The government held refugees and asylum seekers in CII in Francistown until the Refugee Advisory Committee (RAC), a governmental body, made a status recommendation. The committee met four times during the year. UNHCR representatives participated in advisory committee meetings as observers and technical advisers. Through September, RAC authorities approved refugee status for 37 minors who received derivative status from their parents.

The ministry of defense, justice, and security introduced biometric identity cards for refugees and asylum seekers.

The government applies the principle of first country of asylum; on that basis in 2015 it detained more than 400 individuals, many of whom had received refugee status in a third country and then entered the country illegally and claimed asylum.

In November the Court of Appeal ruled only recognized refugees were authorized to reside at Dukwi Refugee Camp, and asylum seekers who were transferred there earlier in the year based on a July High Court order should be returned to the CII. The ruling prompted the majority of the asylum seekers to flee the camp rather than be returned to the CII, where they had allegedly been physically abused by guards and prison inmates. More than 400 persons, including more than 200 children, sought asylum during 2015; the majority were from the Democratic Republic of the Congo. Composed mainly of families that had transited Zambia and Tanzania, the RAC refused their claims based on its “first country of asylum” policy and held the families at the CII while they awaited deportation. UNHCR urged the government to review its decision to deny asylum and to keep the asylum seekers at the CII, where authorities separated families, and women and children lived in tents in substandard conditions. Prior to July, asylum seekers were housed at the CII with inmates from the local men’s prison while it underwent refurbishment. Security at the CII was a concern, and an inmate allegedly sexually assaulted a 12-year-old male asylum seeker. There were reports food rations provided to asylum seekers were inadequate.

In December the private weekly The Botswana Gazette ran a 16-page special report by the INK Center for Investigative Journalism summarizing a four-month investigation into the treatment of the asylum seekers at the CII. According to the report, the asylum seekers said Botswana authorities physically abused them.

Employment: As of August most of the country’s 2,153 registered refugees and 727 registered asylum seekers were living in Dukwi Camp without the right to work outside the camp. As a general policy, all registered refugees must reside in Dukwi under a strict encampment policy, although the government may issue a residence permit to remain outside the camp in exceptional cases, such as for refugees enrolled at a university, in need of specialized medical care, or with unique skills.

Access to Basic Services: Refugees in Dukwi had access to education and basic health care. They were unable to access government programs for HIV/AIDS medication, but the government allowed an international donor-funded parallel program to provide such medication. UNHCR facilitated refugee and asylum seekers’ exit permit applications for medical referrals as necessary through their implementing partner, the Botswana Red Cross. Officials typically granted exit permits for three days; refugees found outside the camp without a permit were subject to arrest.

According to UNHCR there was no access to education in the CII. The center hosts a clinic, and a specialized nurse provides basic health care, while critical cases were referred to the Francistown city hospital.

Durable Solutions: According to UNHCR, as of October there were 27 voluntary repatriations of Namibian and Zimbabwean refugees.

Temporary Protection: The government provided temporary protection at Dukwi to individuals who may not qualify as refugees under the 1951 UN Refugee Convention or the 1967 Protocol. UNHCR provided food and other provisions to individuals under temporary protection.

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

Elections and Political Participation

Recent Elections: In 2014 the ruling BDP won a majority of National Assembly seats in a general election deemed by international and domestic observers to be generally free and fair. President Ian Khama retained the presidency, which he had held since 2008.

Participation of Women and Minorities: There are no laws limiting the participation of women and minorities in the political process, and they did participate. Nevertheless, observers suggested cultural constraints limited the number of women in government. There were six women in the 65-seat National Assembly, one of whom was the speaker and four of whom served in the 24-member cabinet. There were also two women in the 34-seat House of Chiefs.

While the constitution formally recognizes eight principal tribes of the Tswana nation, amendments to the constitution also allow minority tribes to be represented in the House of Chiefs. The law provides that members from all groups enjoy equal rights, and minority tribes have representation in the House of Chiefs in equal standing to that of the eight principal tribes.

The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively. Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption increased during the year.

Corruption: In past years police officials acknowledged corruption was a problem in the lower ranks, and some officers took advantage of irregular immigrants and traffic violators by exacting bribes.

The press continued to publish information leaked from a Directorate on Corruption and Economic Crime (DCEC) investigation of the director of the DISS, a story first reported in 2014. The documents allegedly demonstrated substantive links to corruption and money laundering. At year’s end the director retained his position, and the DCEC had not initiated any action against him.

Financial Disclosure: There are no formal financial disclosure laws; however, a 2009 presidential directive requires all cabinet ministers to declare their interests, assets, and liabilities to the president. Critics contended this policy did not go far enough to promote transparency and asserted financial declarations by senior government officials should be available to the public.

Women

Rape and Domestic Violence: The law criminalizes rape but does not recognize spousal rape as a crime. Authorities effectively enforced laws against rape when victims pressed charges; however, police noted victims often declined to press charges against perpetrators. By law the minimum sentence for rape is 10 years in prison, increasing to 15 years with corporal punishment if the offender is HIV-positive and unaware, and 20 years with corporal punishment if the offender is HIV-positive and aware. By law formal courts try all rape cases. A person convicted of rape is required to undergo an HIV test before sentencing.

The law prohibits domestic and other violence, whether against women or men, but it remained a serious problem.

Sexual Harassment: The law prohibits sexual harassment in both the private and public sectors. Sexual harassment committed by a public officer is considered misconduct and punishable by termination, potentially with forfeiture of all retirement benefits; suspension with loss of pay and benefits for up to three months; reduction in rank or pay; deferment or stoppage of a pay raise; or reprimand. Nonetheless, sexual harassment, particularly by men in positions of authority, including teachers, continued to be a widespread problem.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: Under the constitution, women and men have the same civil rights and legal status, but under customary law based on tribal practice, a number of traditional laws restricted women’s property rights and economic opportunities, particularly in rural areas. Women increasingly exercised the right to marriage “out of common property,” in which they retained their full legal rights as adults. There is no legal requirement that women receive equal pay for equal work.

In May President Khama signed the Revised Southern African Development Community (SADC) Protocol on Gender and Development.

Children

Birth Registration: In general citizenship is derived from one’s parents, although there are limited circumstances in which citizenship may be derived from birth within the country’s territory. The government generally registered births promptly; however, unregistered children may be denied some government services. For additional information, see Appendix C.

Education: Primary education was tuition-free for the first 10 years of school but not compulsory. Parents must cover school fees as well as the cost of uniforms and books. These costs could be waived for children whose family income fell below a certain level.

Child Abuse: Child abuse occurred and often was reported to police in cases of physical harm to a child. Police referred the children and, depending on the level of abuse, their alleged abuser(s) to counseling in the Department of Social Services within the Ministry of Local Government and Rural Development, as well as to local NGOs. Police referred some cases to the Attorney General’s Office for prosecution.

Early and Forced Marriage: Child marriage occurred infrequently and was largely limited to certain tribes. The government does not recognize marriages that occur when either party is under the minimum legal age of 18. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits the prostitution and sexual abuse of children. Sex with a child younger than 16, including a prostituted child, constitutes defilement and is punishable by a minimum of 10 years’ incarceration.

Child pornography is a criminal offense punishable by five to 15 years in prison.

Displaced Children: In 2013 UNICEF, which defines an orphan as a child with one or both parents deceased, estimated there were 130,000 orphans in the country, of whom approximately 96,000 had lost one or both parents due to HIV/AIDS. The government, which defines an orphan as a child both of whose parents are dead, registered 38,596 children as orphans and 32,068 as vulnerable in 2013. Once registered as an orphan, a child receives school uniforms, shelter, a monthly food basket worth between 216 pula ($22) and 600 pula ($60), depending upon location, and counseling as needed.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There was a very small Jewish population, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities, but does not prohibit discrimination by private persons or entities. The government’s policy provides for integrating the needs of persons with disabilities into all aspects of policymaking. It mandates access to public buildings or transportation for persons with disabilities, but access for persons with disabilities was limited. Although new government buildings were being constructed in such a way as to provide access for persons with disabilities, older government office buildings remained largely inaccessible. Most new privately owned commercial and apartment buildings provided access for persons with disabilities.

Children with disabilities attended school, although a human rights NGO raised concern the Children’s Act does not guarantee accessible education to children with disabilities. The government made some accommodations during elections to allow for persons with disabilities to vote.

There was a Department of Disability Coordination in the Office of the President to assist persons with disabilities. The Department of Labor in the Ministry of Employment, Labor Productivity, and Skills Development is responsible for protecting the rights of persons with disabilities in the labor force and investigating claims of discrimination. Individuals may also bring cases directly to the Industrial Court. The government funded NGOs that provided rehabilitation services and supported small-scale projects for workers with disabilities.

Indigenous people

The government does not recognize any particular group or tribe as indigenous. The eight tribes of the Tswana group, which speak a mutually intelligible dialect of Setswana, have been politically dominant since independence, are officially recognized by law, and were granted permanent membership in the House of Chiefs. Constitutional amendments subsequently enabled the recognition of other tribes.

English and Setswana are the only officially recognized languages, a policy human rights organizations and minority tribes criticized particularly with regard to education, where some children were forced to learn in a nonnative language.

An estimated 50,000 to 60,000 persons belong to one of the many scattered, diverse tribal groups known collectively as Basarwa or San. The Basarwa constituted approximately 3 percent of the population and are culturally and linguistically distinct from most other residents. The law prohibits discrimination against the Basarwa in employment, housing, health services, or because of cultural practices; however, the Basarwa remained marginalized economically and politically and generally did not have access to their traditional land. The Basarwa continued to be geographically isolated, had limited access to education, lacked adequate political representation, and some members were not fully aware of their civil rights.

The government interpreted a 2006 High Court ruling against the exclusion of Basarwa from traditional lands in the CKGR to apply only to the 189 plaintiffs, their spouses, and their minor children. Many of the Basarwa and their supporters continued to object to the government’s interpretation of the court’s ruling. Negotiations between Basarwa representatives and the government regarding residency and hunting rights in the CKGR stalled after a separate court ruling provided the right to access water through boreholes.

Government officials maintained the resettlement program was voluntary and necessary to facilitate the delivery of public services, provide socioeconomic development opportunities to the Basarwa, and minimize human impact on wildlife. In 2012 the UN Permanent Forum on Indigenous Issues approved a set of nine draft recommendations addressing the impact of land seizures and disenfranchisement of indigenous people. In 2013 attorneys for the Basarwa filed a High Court case in which the original complainants from the 2006 CKGR case appealed to the government for unrestricted access (i.e., without permits) to the CKGR for their children and relatives.

There were no government programs directly addressing discrimination against the Basarwa. With the exception of CKGR lands designated in the 2006 court ruling, there were no demarcated cultural lands.

In previous years, the government charged Basarwa with unlawful possession of hunted carcasses. In 2014 five Basarwa filed a lawsuit against the minister of environment, natural resource conservation, and tourism over the hunting ban in the CKGR; the case was pending at year’s end.

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

The law does not explicitly criminalize consensual same-sex sexual activity, but it includes language criminalizing some aspects of same-sex sexual activity. What the law describes as “unnatural acts” are criminalized with a penalty of up to seven years’ imprisonment, and there was widespread belief this was directed toward LGBTI persons. There were no reports police targeted persons suspected of same-sex sexual activity. LGBTI-rights organizations claimed there were incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity. The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally as a result of overt intimidation.

In September the High Court ruled in favor of a transgender man who sued the Registrar of National Registration to change the gender indicated on his government-issued identity document from female to male. In a separate case, on December 12, the Gaborone High Court ordered the Registrar of Births and Deaths to amend the gender marker on a transgender applicant’s birth certificate from male to female within seven days, and to reissue the applicant’s national identity document within 21 days.

Public meetings of LGBTI advocacy groups and debates on LGBTI issues occurred without disruption or interference. In March 2016 the Court of Appeals upheld a 2014 High Court ruling ordering the government to formally register LeGaBiBo (Lesbian, Gays, and Bisexuals of Botswana), a group that advocates for LGBTI rights. LeGaBiBo has since participated in government-sponsored events.

HIV and AIDS Social Stigma

The HIV prevalence rate was 18 per cent in the general population. According to the UNFPA, limited access to sexual and reproductive health information and youth-friendly services, as well as gender-based violence, contributed to high HIV rates. The government funded community organizations that ran antidiscrimination and public awareness programs.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, except police, military, and prison personnel, to form and join independent unions and to bargain collectively. Some workers are provided the right to strike. Employee associations, which serve as a means to communicate collective needs and concerns to their government employer, represent police, military, and prison personnel. Union representatives reported that employee associations were generally not as effective as unions in resolving labor disputes.

The law limits the right to organize. Trade unions that fail to meet the formal registration requirements are automatically dissolved and banned from carrying out union activities. The law does not protect members of unregistered trade unions and does not fully protect union members from antiunion discrimination. The law imposes a number of substantive requirements on the constitutions and rules of trade unions and federations of trade unions. The law also authorizes the registrar to inspect accounts, books, and documents of a trade union at “any reasonable time” and provides the minister of defense, justice, and security with the authority to inspect a trade union “whenever he considers it necessary in the public interest.” Employers have the right to ask the registrar to withdraw recognition of a union, and the Ministry of Employment, Labor Productivity, and Skills Development has the right to suspend a union if it is “in the public interest,” although the former practice is uncommon and the latter has never been employed.

The law provides for collective bargaining only for unions that have enrolled one-third of a sector workforce. The law does not allow employers or employers’ organizations to interfere in the establishment, functioning, or administration of trade unions. The law provides a framework for either employers or unions to nullify collective bargaining agreements, and provides a mechanism for the other party to dispute the nullification. The law also permits an employer or employers’ organization to apply to the government to withdraw the recognition granted to a trade union if it establishes that the trade union refuses to negotiate in good faith with the employer. There were no such cases during the year.

Employees in “essential services”–including the Bank of Botswana, railway services, health care, firefighting, military, transport services, telecommunications infrastructure, electricity, water, and sewage workers–are not legally permitted to strike. In 2016 parliament passed and President Khama signed the amended Trade Disputes Act (TDA), codifying the list of essential services and expanding it to include teachers, veterinarians, and diamond cutters. Many of the occupations included in the TDA list fall outside the International Labor Organization’s definition of essential services.

The law empowers two officials within the Ministry of Employment, Labor Productivity, and Skills Development (the minister and the commissioner of labor) to refer a dispute in essential services to arbitration or to the Industrial Court for determination.

Civil service disputes are referred to an ombudsman for resolution, and in general, the ombudsman’s decisions are made independently without government interference. Labor commissioners mediate private labor disputes, and if not resolved within 21 days as required by the amended TDA, they are sent to the Industrial Court. The average case brought to the Industrial Court took two years to resolve, and as of October 2016 there was a backlog of 311 pending cases.

The law allows formally registered unions to conduct their activities without interference and with protection from antiunion discrimination. Workers may not be terminated for legal union-related activities. Dismissals may be appealed to civil courts or labor officers, which rarely ordered more than two months’ severance pay. The law does not provide for reinstatement of workers, but a judge may order reinstatement if the termination is deemed to be related to union activities. The law does not provide protection to public employees’ organizations from acts of interference by public authorities in their establishment or administration.

The government generally respected freedom of association, although there were some restrictions on the right to collective bargaining. Workers exercised the right to form and join unions, and in general, employers did not use hiring practices to avoid hiring workers with bargaining rights.

The law severely restricts the right to strike, and strikes were rare. When unions followed legal requirements and exhausted arbitration and notified the government in advance of a planned strike, the government permitted strikes and did not use force on strikers. Due to strike requirements, however, many strikes were ruled illegal, and striking workers often risked dismissal. The law prohibits sympathy strikes. Compulsory arbitration was rare and only applied in cases involving a group dispute of workers in essential services.

The government had an insufficient number of labor commissioners, resulting in an estimated two-year backlog of unresolved labor disputes at year’s end.

In 2015 the High Court ruled that President Khama and the Directorate of Public Service Management must use the Public Service Bargaining Council when negotiating salary structures for unionized public employees. The Botswana Federation of Public Sector Unions (BOFEPUSU) left the Council in May to protest the government’s unilateral wage increases in 2016 and during the reporting year for public employees outside the bargaining council. The ruling party announced in August it would extend the wage increases to BOFEPUSU members, retroactive to the initial increase in April 2016.

b. Prohibition of Forced or Compulsory Labor

The constitution and law prohibit and criminalize all forms of forced and compulsory labor, including by children. Civil society representatives, however, reported in previous years that the government did not effectively enforce relevant laws, particularly in remote areas, mainly because a lack of staff and funding made it difficult for the government to send labor officers to remote areas. Labor inspectors refer cases to the BPS for prosecution. There were reports of probable forced child labor in cattle herding and in domestic servitude (see section 7.c.). There were also anecdotal reports that members of the Basarwa community were subjected to forced labor conditions on cattle farms in the Ghanzi district.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for work is 15, but children 14-year-old children may be employed in light work that is “not harmful to [their] health and development” and is approved by a parent or guardian. The law provides that work shall not exceed six hours per day when a child is not in school and five hours when a child is in school. The law prohibits children from engaging in hazardous work, including moving heavy objects that could endanger physical development, working underground or at night, or engaging in any dangerous or immoral work. The law prohibits the exploitation for labor or coercion into prostitution of adopted children.

The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing child labor laws and policies in all sectors; however, resources were too limited for effective oversight in remote areas. District and municipal councils have child welfare divisions, which are also responsible for enforcing child labor laws. Other involved government entities included offices within the Ministry of Education and the Ministry of Local Government and Rural Development. The Advisory Committee on Child Labor facilitated the oversight of child labor issues. It included representatives of various NGOs, government agencies, workers’ federations, and employers’ organizations and advised the government on the state of children three or four times during the year. The government supported and worked with partners to conduct workshops to raise awareness of child labor. The Department of Labor within the Ministry of Employment, Labor Productivity, and Skills Development collaborated with the Department of Social Services within the Ministry of Local Government and Rural Development to advocate against and raise awareness of exploitative child labor. Ministers continued to address public gatherings, cautioning against child labor. Penalties for violations of child labor laws range from a fine to up to 12 months’ imprisonment in most cases, with stricter penalties for cases involving the worst forms of child labor.

Despite laws and policies designed to protect children from exploitation in the workplace, there were reports of child labor, mostly on subsistence-level cattle posts or farms.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws prohibit discrimination on the basis of race, color, tribe, place of origin, social origin, sex, disability, language, sexual orientation and/or gender identity, HIV status, marital status, creed, or social status. The government generally enforced these regulations. In August 2016, after reports of racial discrimination against black employees, the then minister of labor and home affairs threatened expatriate tourism operators with deportation if found guilty of discrimination, racism, abusive language, or harassment of their employees.

e. Acceptable Conditions of Work

According to the Ministry of Employment, Labor Productivity, and Skills Development, the minimum hourly wage for full-time labor in the private sector was determined by sector. The minimum wage for domestic workers was raised six percent in October to over three pula ($0.30) per hour, or approximately 26 pula ($2.60) per day. The minimum wage for workers in the agricultural sector was also raised to 700 pula ($70) per month. According to a 2011 survey of formal sector employment by Statistics Botswana, monthly average earnings were 4,339 pula ($434) for citizens, 13,055 pula ($1,306) for noncitizens, and 4,731 pula ($473) for all employees. The cabinet determined wage policy based on recommendations from the National Economic, Manpower, and Incomes Committee, which consisted of representatives of the government, private sector, and Botswana Federation of Trade Unions. The Ministry of Employment, Labor Productivity, and Skills Development is responsible for enforcing the minimum wage, and each of the country’s districts had at least one labor inspector.

The law permits a maximum 48-hour workweek, exclusive of overtime, which is payable at time-and-a-half. The law does not specifically outline rest periods or prohibit excessive compulsory overtime. The law prescribes a 40-hour workweek for most modern private sector jobs and a 40-hour workweek for the public sector. The labor law also applies to farm and migrant workers.

There are limited occupational safety and health (OSH) requirements, and the government’s ability to enforce OSH legislation remained limited due to inadequate staffing and lack of clear ministerial jurisdictions. The law provides that workers who verbally complain about hazardous conditions may not be terminated; however, there are no specific provisions in the law allowing workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment. No abuses were reported during the year.

The Department of Labor within the Ministry of Employment, Labor Productivity, and Skills Development employed inspectors to oversee and enforce labor regulations. The government generally enforced wage and hour requirements, but the number of labor inspectors was insufficient to inspect all workplaces.

Formal-sector jobs generally paid well above minimum wage levels. The primary forms of compensation for labor in the informal sector were housing and food, particularly in the agricultural and domestic service areas. Pay in the informal sector was frequently below the minimum wage. Informal-sector workers generally were covered by the same legal protections available to formal-sector workers.

Foreign migrant workers were reportedly vulnerable to exploitative working conditions, mainly in domestic labor. Employers in the formal sector generally provided for worker safety.

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law does not specifically prohibit torture, and the government did not ratify the UN Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, which it signed in 2015. Caning may be ordered for 95 offenses under 12 different pieces of legislation including secular law, and it is mandatory for some offenses. The government has not implemented the phase of the Sharia Penal Code (SPC) that includes offenses punishable by caning, and the SPC prohibits caning those younger than 15 years. Secular law prohibits caning for women, boys younger than eight years, men older than 50 years, or those ruled unfit for caning by a doctor. Juvenile boys older than eight may be caned with a “light rattan” stick. Canings were conducted in the presence of a doctor, who could interrupt the punishment for medical reasons. The government generally applied laws carrying a sentence of caning impartially, although there were reports authorities deported foreigners in lieu of caning.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Prisons for male offenders were designed for 400 inmates. Prisons appeared to be over capacity. Women were housed in separate facilities from men, as were pretrial detainees from convicts. Prison conditions did not vary by gender, except that women of all religious groups must wear head coverings (hijab).

Juveniles were not subject to imprisonment, although the law permits imprisonment of juveniles who cannot be detained in other facilities. Courts sent juvenile offenders to dedicated detention centers, rehabilitation homes, and government approved schools that apply a higher standard of security. The curriculum for all facilities includes academic studies and vocational skills. The maximum sentence for juvenile offenders in a detention center is six months, where authorities hold them separately from adult inmates, or three years in an approved school.

Administration: A government-appointed committee composed of retired government officials monitored prison conditions and investigated complaints concerning prison and detention center conditions.

The prison system has an ombudsperson’s office under which visiting judiciary, community leaders, and representatives of public institutions visit inmates on a monthly basis. A prisoner may complain to a visiting judge, the superintendent, the officer in charge, and, in the case of female prisoners, the matron in charge.

Independent Monitoring: It was not known if the government allows independent nongovernmental organizations (NGOs) to monitor prison conditions, and there were no reports of such requests.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and provides for the right of any person to challenge the lawfulness of his/her arrest or detention in court. The government generally observed these prohibitions, although the government may supersede these prohibitions by invoking emergency powers.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Brunei Police Force and Internal Security Department (ISD), which fall under the direct control of the Prime Minister’s Office, have primary responsibility for enforcing laws and maintaining order. The Departments of Labor and Immigration in the Ministry of Home Affairs also hold limited law enforcement powers for labor and immigration offenses. Religious enforcement officers under the Ministry of Religious Affairs are responsible for enforcing sharia (Islamic law). By law they have the same powers of arrest as police, but their powers to detain were reportedly limited to cases of disturbing the peace or refusing to provide identification, and arrests were made in cooperation with secular enforcement agencies. Civilian authorities maintained effective control over the police, the ISD, and the labor, immigration, and religious enforcement departments. The government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

A magistrate must endorse a warrant for arrest, except when police are unable to obtain an endorsement in time to prevent the flight of a suspect or when a suspect is apprehended in the act of committing a crime. After an arrest, police may detain a suspect for a maximum of 48 hours for investigation before bringing the suspect before a magistrate. Police stations maintain a policy of no access to detained individuals during that time. Authorities detained persons without a hearing only in cases of detention/arrest under the Internal Security Act (see below). Authorities reportedly informed detainees promptly of the charges against them. Information on detainees was made public. After the 48-hour investigative period, police may deny visitor access in exceptional cases, such as probable cause to suspect witness tampering. This includes denying access to counsel, although there were no reports of authorities using this provision except in cases involving the Internal Security Act (ISA). Authorities may hold detainees beyond the initial 48 hours with a magistrate’s approval. The criminal procedure code allows for bail except in cases designated as “discretionary” by law. There is no provision to afford pro bono legal counsel to poor defendants, except in capital offences. In noncapital cases, indigent defendants may act as their own lawyers in court. Some civil society organizations provided pro bono legal service to indigent defendants in noncapital cases before civil, criminal, and sharia courts.

The government deferred further implementation of the SPC, with only the first phase operating in parallel with the existing common law-based criminal law system. Because all portions of the SPC have not been officially gazetted, the secular criminal procedure code continued to apply to all criminal proceedings in sharia court unless expressly covered under the first phase of the SPC.

The ISA permits the government to detain suspects without trial for renewable two-year periods. The government convenes an independent advisory board consisting of executive and judicial branch officials to review individual ISA detentions and report to the Minister of Home Affairs. The minister is required to notify detainees in writing of the grounds on which their detention was made and relevant allegations of fact. The advisory board must review individual detentions annually. In February four Indonesian nationals were detained under the ISA for possession and dissemination of ISIS propaganda materials and online videos. The four individuals were deported in April.

e. Denial of Fair Public Trial

The law does not provide specifically for an independent judiciary, but the government generally respected judicial independence, and there were no known instances of government interference with the judiciary in the secular courts. There were reports of procedural flaws and bias in the sharia courts. The sultan appoints all higher court judges, who serve at his pleasure.

TRIAL PROCEDURES

Secular law, based on English common law, provides for the right to a fair trial, and the judiciary generally enforced this right. Defendants in criminal proceedings are presumed innocent. Trials are public and conducted by a judge or panel of judges. Defendants have the right to counsel, to be present at their trials, to confront accusers, to cross-examine and call witnesses, to present evidence, and to be informed promptly and in detail of the charges. There were no reports of defendants who were not allowed adequate time or facilities to prepare their defense. Lawyers have access to the accused, but not during the initial 48-hour investigatory period unless the investigation is concluded and charges are filed. Defendants have the right not to testify or confess guilt. Defendants have a right of appeal and access to an interpreter (if needed) free of charge.

Individuals detained under the ISA neither have the right to legal counsel nor are they presumed innocent. Those detained under the ISA are entitled to make representation against a detention order to an advisory board and may make oral representation personally or be represented by an advocate and solicitor.

While sharia courts have long had jurisdiction over civil matters where at least one party is Muslim, the SPC applies to non-Muslims as well, depending on the crime. Implementation of the first phase of the SPC, which began in 2014, includes fines and jail terms that expanded existing restrictions on drinking alcohol, eating in public during the fasting hours of Ramadan, cross-dressing, and propagating religions other than Islam. The government did not issue implementing regulations governing sharia proceedings under the SPC by year’s end. In general defendants in sharia proceedings had the same rights as defendants in criminal cases under secular law. There were reports of defendants in sharia courts not being informed promptly and in detail of the charges against them, not being allowed adequate time or facilities to prepare their defense or receive adequate interpretation, and not being allowed to communicate with an attorney. There were also instances where minor sharia court officials suggested a defendant was guilty during a trial or the outcome appeared predetermined.

The government continued to defer implementing two additional phases of the SPC that would introduce severe punishments such as stoning to death or amputation of limbs. These phases involve evidentiary and witness standards different from secular law, unless the defendant freely admits the act.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is no specific provision of law for individuals or organizations to seek civil remedies for human rights violations. By customary practice, individuals may present written complaints about rights violations directly to the sultan for review. There are no provisions in the law to allow individuals or local organizations to appeal domestic decisions to regional human rights bodies.

PROPERTY RESTITUTION

In June 2016 the government published amendments to the Land Code that ban non-Bruneians (including foreign investors, permanent residents, and stateless individuals) from holding land via a power of attorney or trust deeds, and retroactively declares all such contracts null and void. The amendments do not provide for any financial compensation or restitution. The new amendments were not implemented by year’s end.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The law permits government intrusion into the privacy of individuals, families, and homes. The government monitored private email, mobile telephone messaging, and internet chat room exchanges suspected of being subversive or propagating religious extremism. An informant system was part of the government’s internal security apparatus to monitor suspected dissidents, religious minorities, or those accused of crimes. Persons who published comments on social media critical of government policy, both on public blogs and personal sites such as Facebook, reported that authorities monitored their comments. In some cases persons were told by friends or colleagues in the government they were being monitored; in other cases it appeared critical comments were brought to the attention of authorities by private complainants.

Long-standing sharia law and the SPC permit enforcement of “khalwat,” a prohibition on the close proximity of a Muslim and a member of the opposite sex other than a spouse or close relative. Non-Muslims may be arrested for violating khalwat if the other accused party is Muslim. There were 98 khalwat cases in 2017. Not all suspects accused of violating khalwat were formally arrested. There were reports that administrative penalties, such as travel bans or suspension from government jobs, were imposed on individuals accused but not convicted of violating khalwat, but the implementation of such measures was inconsistent.

Under the law and emergency powers, the government restricted freedom of expression, including of the press.

Freedom of Expression: Members of the LegCo may “speak their opinions freely,” but they are prohibited from using language or exhibiting behavior deemed “irresponsible, derogatory, scandalous, or injurious.” Under the law it is an offense to challenge the royal family’s authority. The law also makes it an offense to challenge “the standing or prominence of the national philosophy, the Malay Islamic Monarchy concept.” This concept, the all-pervasive ideology that underscores the law, proclaims Islam as the state religion and monarchical rule as the sole form of government to uphold the rights and privileges of the Brunei Malay race. The law also criminalizes any act, matter, or word intended to promote “feelings of ill will or hostility” between classes of persons or “wound religious feelings.”

The SPC includes provisions barring contempt for or insult of the sultan, administration of sharia, or any law related to Islam. There were no known cases of persons charged under these sections, but online criticism of the law was largely self-censored, and online newspapers ceased publishing comments on stories after the sultan issued repeated warnings.

All public musical or theatrical performances required prior approval by a censorship board composed of officials from the Prime Minister’s Office, the Ministry of Home Affairs, and the Ministry of Religious Affairs. The SPC was interpreted by the government as prohibiting public celebration of religions other than Islam, including displaying Christmas decorations.

Press and Media Freedom: The law requires local newspapers to obtain operating licenses and prior government approval for hiring foreign editorial staff, journalists, and printers. The law also gives the government the right to bar distribution of foreign publications and requires distributors of foreign publications to obtain a government permit. The law allows the government to close a newspaper without giving prior notice or showing cause. In 2016 one of the two English-language dailies ceased operations without prior notice. The newspaper’s website and social media presence were removed without access to archives. Although the newspaper’s board of directors attributed the closure to business sustainability, poor journalistic standards, and competition from alternative media, there were widespread reports that the government shuttered the paper following a complaint from the Saudi Arabian embassy regarding alleged “inaccurate” reporting on a change in visa fees for citizens wishing to visit Saudi Arabia.

Foreign newspapers generally were available, although the government must approve their distribution. Internet versions of local and foreign media were generally available without censorship or blocking.

The government owned the only local television station. Three Malaysian television channels were also available, along with two satellite television services. Some content was subject to censorship based on theme or content, including sexual or religious content, but such censorship was not consistent.

Censorship or Content Restrictions: The law provides for prosecution of newspaper publishers, proprietors, or editors who publish anything with an alleged seditious intent. The government may suspend publication for a maximum of one year and prohibit publishers, printers, or editors from publishing, writing, or editing any other newspaper. The government may also seize printing equipment. Persons convicted under the law face a maximum fine of 5,000 Brunei dollars (BND) ($3,640) and a maximum jail term of three years. Journalists deemed to have published or written “false and malicious” reports may be subject to fines or prison sentences. In 2016 the government reprimanded the media for their portrayal of certain events and encouraged reporters to avoid covering controversial topics such as the territorial disputes in the South China Sea. At least one editorial deemed critical of government policy was removed from news sites, but there were no reports of fines or charges. The government maintained that most censorship was aimed at stopping violent content from entering the country.

The SPC includes regulations barring publication or importation of publications giving instruction about Islam contrary to sharia. It also bars the distribution of publications related to religions other than Islam to Muslims or persons with no religion. The SPC bars the publication, broadcast, or public expression of a list of words generally associated with Islam (such as Quran) in a non-Islamic context. The SPC also prohibits religious teaching without written approval. There were no reports of charges under these regulations.

Journalists commonly reported practicing self-censorship because of social pressure, reports of government interference, and legal and professional concerns.

Libel/Slander Laws: The law prohibits bringing into hatred or contempt or to excite disaffection against the sultan and/or the government. Persons convicted under the law face a fine of BND 5,000 ($3,640) and/or a maximum of three years in prison. For the first time in 30 years, on July 27, the government charged an official of the Ministry of Health, Shahiransheriffuddin bin Sharani Muhammad, with making seditious comments criticizing the Ministry of Religious Affairs following the implementation of the Sultanate’s new halal certification standards approved in May. Bin Sharani posted on his personal Facebook page about the halal certification requirements’ negative impact on small businesses. He pleaded not guilty and is free on bail awaiting trial.

INTERNET FREEDOM

The government monitored private email and internet chat room exchanges believed to be propagating religious extremism or otherwise subversive, including those of religious minorities, or on topics deemed immoral. The Ministry of Communications and the Prime Minister’s Office enforced the law that requires internet service providers and internet cafe operators to register with the director of broadcasting in the Prime Minister’s Office. The Attorney General’s Chambers and the Authority for Info-Communications Technology Industry advised internet service and content providers to monitor for content contrary to the public interest, national harmony, and social morals. The government blocked websites promoting violent extremism and some websites containing sexually explicit material. Internet companies self-censor content and reserve the right to cut off internet access without prior notice. The government also ran an awareness campaign aimed at warning citizens about the misuse of and social ills associated with social media, including the use of social media to criticize Islam, sharia, or the monarchy.

The great majority of the population had access to the internet, and the country had a high rate of social media usage. Social media websites were widely accessible.

ACADEMIC FREEDOM AND CULTURAL EVENTS

Although there are no official government restrictions on academic freedom, quasi-governmental authorities must approve public lectures, academic conferences, and visiting scholars. Academics reported practicing self-censorship, and some researchers chose to publish from overseas under a pseudonym when they perceived that certain topics would not be well received within Brunei. Religious authorities reviewed publications to verify compliance with social norms.

A censorship board composed of officials from the Prime Minister’s Office, the Ministry of Home Affairs, and the Ministry of Religious Affairs determined the suitability of concerts, movies, cultural shows, and other public performances, and censored, banned, or restricted these activities. Traditional Chinese New Year lion dance performances were limited to a two-day period and confined to Chinese temples, Chinese school halls, and private residencies of Chinese association members.

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

FREEDOM OF PEACEFUL ASSEMBLY

The government’s proclamation of emergency powers restricts the right to assemble. Public gatherings of 10 or more persons require a government permit, and police may disband an unofficial assembly of five or more persons deemed likely to cause a disturbance of the peace. Permits require the approval of the minister of home affairs. The government routinely issued permits for annual events, but occasionally used the restrictions to disrupt political gatherings. Organizers of events on sensitive topics tended to hold meetings in private locations rather than apply for permits, or practiced self-censorship at public events.

On February 21, 19 Indian migrant workers were each fined BND 300 ($211) after pleading guilty to taking part in an unlawful assembly in support of the ancient Indian sport of Jallikattu. In handing down the sentence, the judge reminded the public that it must obtain a permit from the commissioner of police in order to hold a public meeting.

FREEDOM OF ASSOCIATION

The law does not provide for freedom of association. It requires formal groups, including religious, social, business, labor, and cultural organizations, to register with the Registrar of Societies and provide regular reports on membership and finances. The government reported the majority of applications to form associations were accepted, but applicants were subject to background checks, and proposed organizations were subject to naming requirements, including a prohibition on names or symbols linked to triad societies (Chinese organized crime networks). Some new organizations reported delaying their registration applications after receiving advice that the process would be difficult. The government may suspend the activities of a registered organization if it deems such an act to be in the public interest.

Organizations seeking to raise funds or donations from the general public are required to obtain permission from the Ministry of Home Affairs, and each individual fundraising opportunity requires separate permits. Approved organizations dealt with matters such as pollution, wildlife preservation, arts, entrepreneurship, and women in business. An organization called Youth Against Slavery founded in 2015 continued to raise awareness about human trafficking and forced labor, but it had not officially registered as of December.

c. Freedom of Religion

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

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

In-country Movement: Citizens and stateless persons face no restriction on internal travel and travel freely throughout the country. Women do not need the consent of a husband or other male to travel.

Foreign Travel: Government employees, including both citizens and foreign residents working on a contractual basis, must apply for exit permits to travel abroad. Government guidelines state no government official may travel alone and unrelated male and female officers may not travel together, but this was enforced inconsistently based on ministry and gender. The country’s tourist passports state the bearer may not travel to Israel. There were reports of individuals suspected of violating sharia being told that they were on a travel blacklist or being refused exit from the country, without being notified of the charges against them or of how to appeal the ban.

Exile: By law the sultan may forcibly exile, permanently or temporarily, any person deemed a threat to the safety, peace, or welfare of the country. There have been no cases of banishment since the country became fully independent in 1984.

PROTECTION OF REFUGEES

Refoulement: During the year a refugee family traveling on UN Convention travel documents and in possession of valid Brunei entry visas was denied entry and informed that their travel documents were not recognized by the government and their entry permits had been issued in error.

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

STATELESS PERSONS

The 2011 Population and Housing Census reported 13,310 stateless persons normally resident in the country. A significant number of stateless persons were of Chinese or aboriginal descent. The vast majority of stateless persons held a certificate of identity (COI), which looks like and functions as a passport. COI holders have rights including to subsidized health care and education similar to those of permanent residents. The government had no data available on stateless persons who hold no form of residency or COI.

Stateless persons may apply for citizenship if they are permanent residents who have contributed to the country’s economic growth, spouses married to citizens for two years, women married to permanent residents for five years, or children of permanent resident fathers older than two years and six months. All applicants must pass a test demonstrating sufficient knowledge of Malay culture and language.

Stateless persons without permanent resident status or a COI were ineligible for most benefits or services from the government and for government employment. Nonetheless, government agencies offered welfare services to stateless parents unable to gain access to basic needs. The Ministry of Home Affairs sought to expedite the permanent resident registration of the country’s stateless persons if they met all necessary requirements. The strict procedure for assessing the applications continued to cause bureaucratic delays. Contacts in the stateless community who passed the Malay culture and language test reported that five to 10 years had elapsed since they passed their test and they still had not been granted citizenship.

Citizens do not have the ability to choose their government. The sultan rules through hereditary birthright. While the country is a constitutional sultanate, in 1962 the then ruler invoked an article of the constitution that allowed him to assume emergency powers. The present sultan continued this practice, which places few limits on his power.

Elections and Political Participation

Recent Elections: Political authority and control rested entirely with the sultan. The LegCo, composed primarily of appointed members with little independent power, provided a forum for public discussion of proposed government programs, budgets, and administrative deficiencies. It convenes once per year for approximately two weeks. The 13th LegCo session convened in March. Council members serve five-year terms at the pleasure of the sultan.

Persons 18 years and older may vote by secret ballot in village consultative council elections, which are based on a traditional system of village chiefs. Candidates must be Muslim, approved by the Ministry of Home Affairs, and a citizen or permanent resident for more than 15 years. The councils communicate constituent wishes through a variety of channels, including periodic meetings chaired by the minister of home affairs. The government also meets with “mukim” (collections of villages) representatives to allow them to express local grievances and concerns.

Political Parties and Political Participation: The National Development Party is the only registered political party. The party pledged to support the sultan and the government. The party criticized administrative deficiencies, but its few activities received limited publicity, and restrictions limited its membership.

Participation of Women and Minorities: No laws limit participation of women and /or members of minorities in the political process, and they did participate. The constitution requires that all ministers be of Malay ethnicity and Muslim except as permitted by the sultan. The cabinet included two ethnic Chinese, and members of tribal minorities also held senior government positions. Women accounted for more than half of civil service employees, and many held senior positions. Women are subject to an earlier mandatory retirement age than men (55 versus 60 years), which may inhibit their career progression.

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices.

Corruption: Corruption was not pervasive, although isolated incidents of low-ranking officials accepting bribes reportedly occurred. The government did not supply information on corruption during the year. As of September 2016 the Anticorruption Bureau reported seven government officials were summoned to court for corruption, and two officials were charged. The bureau had adequate resources and conducted regular corruption prevention programs.

In October a Bangladeshi resident found guilty of offering a bribe to a police officer to not issue a traffic ticket was sentenced to serve 18 months in prison.

Financial Disclosure: Government officials are not subject to routine financial disclosure reports, but by law officials must declare their assets if they are the subject of an investigation.

Women

Rape and Domestic Violence: The law stipulates maximum imprisonment of 30 years and caning with a minimum of 12 strokes for rape. In July Chapter 22 of the Penal Code Order was amended to increase the minimum sentence for rape from eight years to 10-20 years. The law does not criminalize spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape, as long as she is not younger than 14 years (15 years if she is ethnic Chinese). Islamic family law provides protections against spousal abuse and for the granting of protection orders, and it has been interpreted to cover sexual assault. The penalty for violating a protection order is a maximum fine of BND 2,000 ($1,460), maximum imprisonment of six months, or both. The government reported rape cases, but the crime did not appear prevalent.

There is no specific domestic violence law, but authorities arrested individuals in domestic violence cases under the law related to protection of women and girls. Police investigated domestic violence only in response to a report by a victim. The criminal penalty for a minor domestic assault is one to two weeks in jail and a fine. An assault resulting in serious injury is punishable by caning and a longer prison sentence.

A special police unit staffed by female officers investigated domestic abuse and child abuse complaints. The Department of Community Development in the Ministry of Culture, Youth, and Sports provided counseling for women and their spouses. Some female and minor victims were placed in protective custody at a government-sponsored shelter while waiting for their cases to be scheduled in court.

Islamic courts staffed by male and female officials offered counseling to married couples in domestic violence cases. Islamic courts recognized assault as grounds for divorce.

Female Genital Mutilation/Cutting (FGM/C): No law criminalizes FGM/C. There were no reports of FGM/C being performed on women older than 18.

There were no statistics on the prevalence of FGM/C, but the government reported that in general it was done within 40 days of birth based on religious belief, health, and custom. The Ministry of Religious Affairs declared circumcision for Muslim girls (sunat) a religious rite obligatory under Islam and described it as the removal of the hood of the clitoris (Type I per World Health Organization (WHO) classification). The government does not consider this practice to be FGM/C and expressed support for WHO’s call for the elimination of FGM and the call for member countries to enact and enforce legislation to protect girls and women from all forms of violence, including FGM/C. The government claimed the practice rarely resembled the Type I description and had not caused medical complications or complaints.

Sexual Harassment: The law prohibits sexual harassment and stipulates that whoever assaults or uses criminal force, intending thereby to outrage, or knowing the act is likely to outrage the modesty of a person, shall be punished by caning and a maximum imprisonment of five years. There were reports of sexual harassment, but the crime did not appear to be prevalent.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: In accordance with the government’s interpretation of the Quran’s precepts, Muslim women and men are accorded different rights.

Secular civil law permits female citizens to own property and other assets, including business properties. Noncitizen husbands of citizens may not apply for permanent resident status until they reside in the country for a minimum of seven years, whereas noncitizen wives may do so after two years of marriage. Although citizenship is automatically inherited from citizen fathers, citizen mothers may pass their nationality to their children only through an application process in which children are first issued a COI (and considered stateless).

Children

Birth Registration: Citizenship derives from the father, or, following an application process, the mother. Birth registration is universal and equal for girls and boys, except among indigenous Dusun and Iban people in rural areas. Stateless parents must apply for a special pass for a child born in the country. Failure to register a birth is against the law, and later makes it difficult to enroll the child in school.

Child Abuse: Child abuse occurred and was prosecuted, but the crime did not appear prevalent. The Royal Brunei Police Force hosts a specialized Woman and Child Abuse Crime Investigation Unit, and the Ministry of Culture, Youth, and Sports provided shelter and care to victims.

Early and Forced Marriage: The legal minimum age of marriage for both boys and girls is 14 years with parental and participant consent, unless otherwise stipulated by religion or custom under the law, which generally set a higher minimum age. The Islamic Family Act sets the minimum marriageable age at 16 years for Muslim girls and 18 years for Muslim men and makes it an offense to use force, threat, or deception to compel a person to marry against his or her own will. Ethnic Chinese must be 15 years or older to marry, according to the Chinese Marriage Act, which also stipulates sexual intercourse with an ethnic Chinese girl younger than 15 years is considered rape even if it is with her spouse.

Sexual Exploitation of Children: By law, sexual intercourse with a girl younger than 14 years constitutes rape and is punishable by imprisonment for a minimum of eight years and a maximum of 30 years and a minimum of 12 strokes of the cane. The law provides for protection of women, girls, and boys from exploitation through prostitution and “other immoral purposes,” including pornography. The government applied the law against “carnal intercourse against the order of nature” to prosecute rape of male children.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

There was no known Jewish community in the country. Comments disparaging Jewish persons collectively were posted online and on social media.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law does not prohibit discrimination against persons with disabilities or mandate accessibility or other assistance for them. The government provided “inclusive” educational services for children with disabilities in both government and religious schools. All persons regardless of disability received the same rights and access to health care. The Department for Community Development conducted several programs targeted at promoting awareness of the needs of persons with disabilities.

Nine registered NGOs worked to supplement services provided by the three government agencies that support persons with disabilities. Public officials, including the sultan, called for persons with disabilities to be included in everyday activities. Access to buildings, information, and communications for persons with disabilities was inconsistent.

National/Racial/Ethnic Minorities

The government favors ethnic Malays in society through its national Malay Islamic Monarchy philosophy, which is enshrined in the constitution. Under the constitution, ministers and most top officials must be Malay Muslims, although the sultan has the discretion to make exceptions. Members of the military must be indigenous Malay, a member of a specified indigenous group, or nonindigenous Malay Muslim. The government pressured both public and private sector employers to increase hiring of Malay citizens. Land Code amendments published in June ban noncitizens from holding land via the power of attorney, trust deeds, or long-term leases and retroactively declared all such contracts null and void with no specified recourse or restitution. The amendments, which primarily affect ethnic Chinese and some indigenous minorities, had not been implemented as of year’s end.

Indigenous People

Some indigenous persons were stateless. In rural areas some indigenous persons did not register births, creating difficulties in school enrollment, access to health care, and employment. Indigenous lands were not specifically demarcated, and there were no specially designated representatives for indigenous groups in the LegCo or other government entities. Indigenous persons generally had minimal participation in decisions affecting their lands, cultures, and traditions and in the exploitation of energy, minerals, timber, or other natural resources on and under indigenous lands.

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

Secular law criminalizes “carnal intercourse against the order of nature.” In July Chapter 22 of the Penal Code Order was amended to increase the minimum sentence for such carnal intercourse to between 20 and 50 years’ incarceration. The amendment was primarily applied in cases of rape or child abuse wherein both attacker and victim are male, because existing law covers only assault of a woman by a man. The SPC bans “liwat” (anal intercourse) between men or between a man and a woman who is not his wife. If implemented, this law would impose death by stoning. The SPC also prohibits men from dressing as women or women dressing as men “without reasonable excuse” or “for immoral purposes.” There were no known convictions during the year.

Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported unofficial and societal discrimination in public and private employment, housing, recreation, and in obtaining services including education from state entities. LGBTI individuals reported intimidation by police, including threats to make public their sexuality, to hamper their ability to obtain a government job, or to bar graduation from government academic institutions. Members of the LGBTI community reported the government monitored their activities and communications. Events on LGBTI topics were subject to restrictions on assembly and expression. The LGBTI community reported that the government would not issue permits for such events.

HIV and AIDS Social Stigma

HIV and HIV-related stigma and discrimination occurred. By law foreigners infected with HIV are not permitted to enter or stay in the country, although no medical testing is required for short-term tourists.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, but it prohibits strikes and does not provide for collective bargaining. The law prohibits employers from discriminating against workers in connection with union activities, but it does not provide for reinstatement for dismissal related to union activity.

By law unions must register with the government under the same process as other organizations (see section 2.b., Freedom of Association). While the law permits the formation of trade union federations for most professions, it forbids affiliation with international labor organizations unless the minister of home affairs and the ministry’s Department of Labor (DOL) consent. The law requires officers of trade unions to be “bona fide” (without explanation), which has been interpreted to allow broad discretion to reject officers and require that such officers have been employed in the trade for a minimum of two years. Unions are subject to laws limiting freedom of assembly, which require a government permit for public gatherings of 10 or more persons and approval by the minister of home affairs (see section 2.b.). By law the general penalty for violating laws on unions and other organizations is a fine, imprisonment, or both. Penalties were sufficient to deter violations. Data on government enforcement efforts was not available.

There were no active unions or worker organizations in the country. NGOs were involved in labor issues, such as wages, contracts, and working conditions. These NGOs largely operated openly in cooperation with relevant government agencies, but they reported avoiding confrontation with the government and engaged in self-censorship.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Convictions for forced labor could lead to penalties, including fines, imprisonment, and caning–but most labor disputes were settled out of court. Penalties were seldom applied. The government did not always effectively enforce the law, and forced labor occurred.

The government did not investigate any cases of debt bondage or forced labor compelled through threats of deportation, although these practices continued to occur. The heads of Specialist Trafficking Units within the police department continued to meet regularly to coordinate antitrafficking policy and implement the