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/.

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 uniformed military personnel, police, indispensable medical and hospital personnel, persons providing air traffic control and prison services, and both essential and nonessential workers in water and electrical utilities. Workers not excluded by their positions exercised their right to strike. These laws provided limited protection to domestic and migrant workers. Labor unions were generally weak and politicized. Workers who engage in illegal strikes can be compelled to pay for any damages due to strike action.

Government enforcement of these laws 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 ($8,700) 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. Union leaders were sometimes dismissed due to political affiliation.

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. Law enforcement organizations provided training to their officers in 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 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/.

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 laws. The Ministry of Public Administration, Employment, and Social Security had a hotline for workers who believed their rights had been violated, and the leader of the Confederation of Free and Independent Labor Unions of Angola, an independent labor confederation, stated in 2014 that the labor courts functioned, albeit slowly. Enforcement efforts were hampered by an insufficient number of adequately trained labor inspectors. In 2015 there were 187 labor inspectors for the country. Some companies were reportedly tipped off on impending labor inspections, making government efforts ineffective.

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. 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.

Various worker strikes occurred in different parts of the country during the year. For example, according to press reports, on August 25, more than 2,000 employees went on strike at the port of Lobito, the country’s second largest port, to demand payment of four months of salary arrears. Port authorities and the workers union reportedly resolved the strike after one week on the condition of immediate payment of one month of salary arrears followed by the remaining salary arrears two months later. On September 22, workers at the port initiated a second strike after the authorities failed to deliver on the payment of the salary arrears. Workers reportedly suspended the strike on September 28 after a new plan to pay their salary arrears was implemented.

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 may be insufficient to deter violations.

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/.