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Antigua and Barbuda

Executive Summary

Antigua and Barbuda is a multiparty parliamentary democracy. Queen Elizabeth II is the head of state. The governor general is the queen’s representative in country and certifies all legislation on her behalf. The ruling Antigua and Barbuda Labour Party won a majority of seats in March 2018 parliamentary elections. In their initial report, election monitors stated there were problems with the electoral process but concluded that the results “reflected the will of the people.” As of November their final report had not been released.

Security forces consist of a police force; a prison guard service; immigration, airport, and port security personnel; the Antigua and Barbuda Defence Force; and the Office of National Drug Control and Money Laundering Policy. Police fall under the supervision 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.

Significant human rights issues included serious corruption and laws against consensual male same-sex sexual activity, although the laws against same-sex sexual activity were not strictly enforced.

The government took steps to prosecute and punish those who committed human rights abuses. There were no reports of impunity involving the security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Press and Media, Including Online Media: Privately owned print media, including daily and weekly newspapers, were active. There were claims, however, that the government was hostile to opposition and independent media and did not provide them equal access to government officials. Senior government officials routinely refused to grant interviews to media outlets critical of the ruling Labour Party.

Libel/Slander Laws: In contrast with 2018, there were no reports of new libel cases.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law 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 government handles asylum requests on an ad hoc basis.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: In the 2018 elections the Antigua and Barbuda Labour Party won 15 of 17 seats in the House of Representatives, and Gaston Browne was subsequently named prime minister. The Caribbean Community Observation Mission and a Commonwealth Observer Group monitored the election. In their initial report, monitors noted the electoral boundaries had seen only minor adjustments since 1984, leading to large disparities in voter populations in different electoral districts. The monitors stated that despite problems with the electoral process, the results “reflected the will of the people.” As of November the final election report had not been released.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Media reported several allegations of corruption against officials during the year. A culture of impunity for acts of official financial corruption existed at all levels of the government.

Corruption: Media and private citizens reported government corruption was widespread and endorsed at the highest levels of government. On a radio program in March, Prime Minister Gaston Browne explained how Antiguan politicians manipulated government contracts to include a “platform for theft,” stating ministers could “walk away with five million dollars, no questions asked.” In the same interview, Browne said he had no problem with politicians who “enrich themselves creatively.” Although the government took steps to improve public financial management and transparency, citizens continued to express concern about oversight and use of funds raised by the Citizenship by Investment program. Of particular concern was the ability of international criminals and fugitives to acquire citizenship through the investment program to avoid prosecution and accountability.

Financial Disclosure: The law requires elected public officials to disclose in a confidential report to the Integrity Commission all income, assets, and personal gifts received in the course of the performance of their public functions. The commission has the power to investigate public officials without a formal complaint being lodged, but the commission lacked adequate staff for investigations. The commissioner made a formal request to the government for additional resources.

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

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

Government Human Rights Bodies: There is an ombudsman, who is an independent authority appointed by parliament to handle complaints made by the public against police, government officials, and government offices. The ombudsman takes complaints, conducts investigations, and then makes recommendations to the relevant authorities.

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

Rape and Domestic Violence: The law establishes sentences ranging from 10 years’ to life imprisonment for the rape of women. The law also addresses rape of men and establishes sentences of five years’ to life imprisonment. Spousal rape is illegal under certain limited circumstances, such as after separation, with a punishment of 15 years in prison. The government enforced the law effectively. The Directorate of Gender Affairs reported an increase in the number of rape survivors willing to contact the authorities as a result of a crisis hotline and the directorate’s awareness campaign. A foreign tourist was extradited to Antigua in 2018 and convicted and sentenced during the year to 15 years in prison for drugging and raping a woman. There were few resources to support sexual assault victims. In the case of children, counseling was provided and a child protection officer was assigned.

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

The government had several domestic-violence programs, including 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, but the country is a signatory of the Belem Do Para Convention that recognizes harassment as a form of violence. The law defines harassment as a crime and establishes a five-year maximum prison sentence for conviction. The Ministry of Labour reported it did not receive any reports of sexual harassment during the year.

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

Discrimination: The law provides the same legal status and rights for women and men. Legislation requires equal pay for equal work, but women often received less 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. The Ministry of Labour stated it was unable to adequately enforce the law.

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 problem. The law governs the investigation and assessment of child abuse cases. It includes provisions on child-care services and orders of care placing children in the care of government authorities. Although neglect and physical abuse were common, rape and sexual abuse of children were also problems, according to the government. The law stipulates a fine not exceeding $20,000 Eastern Caribbean dollars (XCD) ($7,400) or three years in prison for child abusers. In extreme cases the government removes children from their homes and puts them in foster care or into a government-run or private children’s home.

The government conducted public awareness and outreach concerning detection and prevention of child abuse. It offered training for foster parents on how to detect child abuse and how to work with abused children. The government’s welfare office provided counseling services for children and parents, and it referred parents to the National Parent Counseling Center. A family court provided specialized management of child abuse, family, and welfare cases and allowed more rapid prosecutions than possible in a standard criminal court.

Early and Forced Marriage: The legal minimum age for marriage is 18 years for both men and women. Children between the ages of 16 and 18 may marry with parental consent; however, marriage when either partner was younger than 18 was rare.

Sexual Exploitation of Children: Child pornography is illegal and subject to fines of up to $500,000 XCD ($185,000) and 20 years in prison. The minimum age for consensual sex is 16 years. There were anecdotal reports of parents and caregivers subjecting children to sex trafficking.

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

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

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

The law prohibits any form of discrimination based on disability and stipulates a penalty of $10,000 XCD ($3,700) or two years’ imprisonment for violations. The law was effectively enforced. Persons with disabilities faced limited workplace access. Public areas, including government buildings, often lacked wheelchair accessibility. The government improved access to workplaces for persons with disabilities by revising building codes. It included persons with disabilities in youth education programs. The government did not, however, consult with citizens with disabilities before implementing some public works projects.

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’ imprisonment. No laws specifically prohibit discrimination against the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community.

There were few reports of discrimination based on sexual orientation or gender identity. There were no reports of public violence committed against LGBTI persons due to their real or perceived sexual orientation.

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

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

Section 7. Worker Rights

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, but it imposes 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.

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

Workers who provide essential services (including water, electricity, hospital, fire, prison, air traffic control, meteorology, telecommunications, government printing office, and port authority) must give two weeks’ notice of intent to strike. The International Labor Organization considered the country’s list of essential services to be overly broad by international standards, highlighting the inclusion of the government printing office and port authority. There were no strikes within the essential-services sector, but postal workers and some workers at a psychiatric hospital went on strike during the year. Protests were peaceful.

If either party to a dispute requests court mediation, strikes are prohibited under penalty of imprisonment for any private-sector worker 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.

Penalties for violating labor laws range from a minor fine to two months in prison and were adequate to deter violations. Government enforced the right of association and collective bargaining. Administrative and judicial procedures, however, 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. While the government enforced the law, it did not fully implement standard operating procedures on proactive identification and referral of forced labor victims. The labor code allows the labor inspectorate authority to enter residences to investigate allegations of forced or compulsory labor. Forced child labor occurred in domestic service and the retail sector.

The Office of National Drug and Money Laundering Control Policy investigates cases of trafficking in persons, including forced labor allegations. The law prescribes penalties of 20 to 30 years’ imprisonment with fines not to exceed $400,000 XCD ($148,000). These penalties were sufficiently stringent to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

Laws contain definitions that collectively constitute the worst forms of child labor, but specific details are not in any single statute. The government enforced child labor laws effectively, and there were no reports of child labor law violations during the year.

The law stipulates a minimum working age of 16 years although work prohibitions do not apply to family businesses. In some circumstances children younger than 16 are eligible for employment with restrictions, such as working only during nonschool hours and working only a certain number of hours. Persons younger than 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 exists for the protection of those younger than 18.

The law requires the Ministry of Labour 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 Labour Commissioner’s Office has an inspectorate that investigates child labor in the formal and informal sectors.

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, political beliefs, and disability. 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 Ministry of Labour did not receive any discrimination complaints during the year.

The law does not prohibit employment discrimination based on religion, language, sexual orientation, 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. 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 government does not have an established poverty level. Most workers earned substantially more than the minimum wage.

The law provides that workers are not required to work more than a 48-hour, six-day workweek. The law requires that employees be paid for overtime work at one and one-half times the employees’ basic wage per hour after exceeding 40 hours in the workweek. The Ministry of Labour 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 has not developed 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, give the ministry the authority to require special safety measures, not otherwise defined in the law, for worker safety.

Labor inspectors from the Ministry of Labour and the Industrial Court are responsible for enforcement in the formal and informal sectors. The number of labor inspectors was not sufficient to enforce compliance. 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 did not always effectively deter labor violations.

Labor inspectors reported they conducted periodic health and safety checks, as well as inspections of working conditions and work permit violations. Workers in construction, mechanics, and agriculture were particularly vulnerable to hazardous working conditions and accidents, especially when working with heavy machinery.

Argentina

Executive Summary

Argentina is a federal constitutional republic. On October 27, Alberto Fernandez was elected president in elections that local and international observers considered generally free and fair. On the same day, the country also held municipal, provincial, and federal elections. Voters elected governors in 22 provinces and more than one-half of the members of the Chamber of Deputies, representing all of the provinces and the city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces.

Federal, provincial, and municipal police forces share responsibility for law enforcement and maintenance of law and order. All federal police forces report to the Ministry of Security, while provincial and municipal forces report to a ministry or secretariat within their jurisdiction. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included unlawful and arbitrary killings and torture by federal and provincial police; harsh and life-threatening prison conditions; significant problems with the independence of the judiciary; serious instances of corruption; violence motivated by anti-Semitism; gender-based killings of women; and forced labor despite government efforts to combat it.

Judicial authorities indicted and prosecuted a number of current and former government officials who committed human rights abuses during the year, as well as officials who committed dictatorship-era (1976-83) crimes.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech, including for the press, and the government generally respected this right.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

In July the Committee to Protect Journalists (CPJ) expressed concern after a federal judge summoned Daniel Santoro of Clarin newspaper and obtained his telephone records in relation to an investigation. The allegations related to Santoro’s connections with Marcelo D’Alessio, charged with extortion by threatening individuals with negative media coverage. Santoro asserted that D’Alessio was a journalistic source. According to the CPJ, the actions “endanger the principle of the confidentiality of journalistic sources, one of the cornerstones of press freedom.”

Violence and Harassment: There were reports of physical attacks, threats, and harassment against journalists, especially when covering protests.

In February photojournalists Bernardino Avila and Juan Pablo Barrientos from Pagina 12 newspaper and Revista Critica magazine, respectively, were detained during a protest. Lawmakers, journalists, and union leaders denounced this as a violation of press freedom.

The Argentine Journalism Forum reported 27 physical attacks against journalists as of September, a slight decline compared to 29 the previous year. In July. Javier Orellano of the newspaper Semanario de Junin received three separate death threats after publishing an article on the arrest of a prison worker, according to the Argentine Journalism Forum.

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

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

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Local NGOs, including the Center for Legal and Social Studies (CELS), expressed concerns that the Ministry of Security imposed restrictions on the right to peaceful protest and assembly.

On March 10, municipal police dispersed a protest by artisans and vendors in Buenos Aires’ San Telmo neighborhood. Local media and human rights organizations denounced the use of force as excessive, highlighting the use of pepper spray, and described the arrest of 18 protesters as the “criminalization” of their right to protest.

Cases remained pending against 20 protesters for violence that occurred during 2017 demonstrations against pension reform, which injured 160 persons, including 88 police officers. Local and international NGOs, including CELS and Amnesty International, stated that law enforcement agents had violently suppressed the protests and called for official investigation into actions by security forces.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for granting refugee status, and the government has established a system for providing protection to refugees. Decisions on asylum petitions can take up to two years to adjudicate.

The International Organization for Migration reported 98,319 Venezuelan migrants arrived in the country during the first six months of the year. Of those, more than 31,000 requested temporary residence; 165,688 Venezuelans were legal residents as of August 9.

The National Commission for Refugees received 2,661 requests for refugee status in 2018–38 percent more than in 2017–and adjudicated 1,077.

The International Organization for Migration reported that, under a humanitarian visa program for Syrians inaugurated in 2016, authorities had resettled 415 Syrians as of the first quarter of the year.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: Alberto Fernandez was elected president on October 27 in elections generally considered free and fair. The country also held municipal, provincial, and federal elections. Voters elected more than one-half of the members of the Chamber of Deputies, representing all of the provinces and the city of Buenos Aires, and one-third of the members of the Senate, representing eight provinces. Voters also elected governors in 22 provinces, as well as provincial legislators, mayors, and city councils. Local and international observers considered the elections generally free and fair.

Participation of Women and Minorities: No laws limit participation of women and minorities in the political process, and they did participate. Local NGOs pointed to a lack of female representation at higher ranks, particularly in the executive and legislative branches. The law requires an electoral list of candidates for national legislative office to contain equal percentages of male and female candidates. The law also states that in the case of the resignation, temporary absence, or death of an elected official, the replacement must be the same gender. The provinces of Buenos Aires, Salta, Chubut, Neuquen, and Santa Fe have gender parity laws pertaining to candidates for provincial and municipal bodies.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nonetheless, multiple reports alleged that executive, legislative, and judicial officials engaged in corrupt practices with impunity, suggesting a failure to implement the law effectively. Weak institutions and an often ineffective and politicized judicial system undermined systematic attempts to curb corruption.

Corruption: Corruption occurred in some security forces. The most frequent abuses included extortion of, and protection for, those involved in drug trafficking, human trafficking, money laundering, and the promotion of prostitution. Allegations of corruption in provincial as well as in federal courts were also frequent. A number of corruption-related investigations against current and former high-ranking political figures, including President Mauricio Macri, were underway as of October.

On September 20, a federal judge sent the corruption scandal known as “the notebooks case” to trial. Former president Cristina Fernandez de Kirchner and 52 other defendants were accused of receiving, paying kickbacks, or both on public works contracts between 2008 and 2015. Prosecutors estimated the total value of the bribery scheme at $160 million. Fernandez de Kirchner and her children faced five other financial corruption cases as of October.

In September the court of cassation upheld the sentence of former vice president Amado Boudou to five years and 10 months in prison on charges of bribery and criminal conduct. Boudou, in prison since August 2018, declared his intent to appeal to the Supreme Court.

In February prosecutors and the Anti-Corruption Office appealed for a harsher sentence against congressman and former planning minister Julio de Vido. In October 2018 de Vido received a sentence of five years and eight months for fraud, misuse of funds, and lack of oversight related to a 2012 train accident that killed 52 persons.

Financial Disclosure: Public officials are subject to financial disclosure laws, and the Ministry of Justice and Human Rights’ Anti-Corruption Office is responsible for analyzing and investigating federal executive branch officials, based on their financial disclosure forms. The law provides for public disclosure, but not all agencies complied, and enforcement remained a problem. The office is also responsible for investigating corruption within the federal executive branch and in matters involving federal funds, except for funds transferred to the provinces. As part of the executive branch, the office does not have authority to prosecute cases independently, but it can refer cases to other agencies or serve as the plaintiff and request a judge to initiate a case.

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

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

Government Human Rights Bodies: The government has a human rights secretariat within the Ministry of Justice and Human Rights. Its main objective is to coordinate within the ministry and collaborate with other ministries and the judiciary to promote policies, plans, and programs for the protection of human rights. It published leaflets and books on a range of human rights topics. NGOs argued that the government’s failure to fill the post of national ombudsman, vacant since 2009, undermined the office’s mandate to protect human rights.

The Prosecutor General’s Office of Crimes against Humanity investigated and documented human rights violations that occurred under the 1976-83 military dictatorship.

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

Rape and Domestic Violence: Rape of men and women, including spousal rape, is a crime. The penalties range from six months’ to 20 years’ imprisonment. There were anecdotal reports of police or judicial reluctance to act on rape cases; women’s rights advocates claimed that the attitudes of police, hospitals, and courts toward survivors of sexual violence sometimes victimized them again.

The law prohibits domestic violence, including spousal abuse. Survivors may secure protective measures. The law imposes stricter penalties on those who kill their spouses, partners, or children as a consequence of their gender. According to local NGOs, lack of police and judicial vigilance often led to a lack of protection for victims.

The National Register of Femicides, maintained by the Supreme Court’s Office of Women, recorded that 255 women died as a result of domestic or gender-based violence during 2018. As of July 31, the National Ombudsman’s Office reported 155 women died as a result of violence. Approximately 24 percent of these victims had previously filed formal complaints.

The Supreme Court’s Office of Domestic Violence provided around-the-clock protection and resources to victims of domestic violence. The office also carried out risk assessments necessary to obtain a restraining order. The National Institute of Women (INAM) operated a 24-hour hotline for victims of gender-based violence.

Public and private institutions offered prevention programs and provided support and treatment for abused women. Nine shelters were fully operational.

In December 2018 the legislature passed “Micaela’s Law,” which requires all federal employees to receive training on gender and gender-based violence. According to INAM–the entity responsible for implementing the law–more than 2,537 officials and service providers received training in preventing gender-based violence during the first quarter of the year.

The 2018 Brisa Law provides for the financial support of children who lost their mothers to gender-based violence. In February, ANSES began processing requests for assistance; however, many families complained about delays in receiving payment. Between October 2018, when the law entered into effect, and September, only 30 of the 74 children deemed eligible had received financial support.

Sexual Harassment: The law prohibits sexual harassment in the public sector and imposes disciplinary or corrective measures. In some jurisdictions, such as the city of Buenos Aires, sexual harassment could lead to the abuser’s dismissal, whereas in others, such as Santa Fe Province, the maximum penalty is five days in prison.

According to the city of Buenos Aires’ public prosecutor’s office, formal complaints of sexual harassment on the city’s streets rose by more than 50 percent year-on-year in 2018. On April 16, the Senate passed a law that penalizes harassment in public spaces as a form of gender-based violence.

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

Discrimination: The constitution provides the same legal status and rights for women and men. The government generally enforced the law, although discrimination remained a persistent and pervasive problem in society.

The Supreme Court’s Office of Women trained judges, secretaries, and clerks to handle court cases related to gender issues and to ensure equal access for women to positions in the court system. The office also trained judges, prosecutors, judicial staff, and law enforcement agents to increase awareness of gender-related crimes and develop techniques to address gender-related cases and victims.

Birth Registration: The government provides universal birth registration, and citizenship is derived both by birth within the country’s territory and from one’s parents. Parents have 40 days to register births, and the state has an additional 20 days to do so. The Ministry of Interior and Transportation may issue birth certificates to children under the age of 12 whose births were not previously registered.

Child Abuse: Under the law, sexual abuse of a child is a punishable offense, with sentences of up to 20 years in prison. Physical harm to a child is punishable with up to 15 years in prison. Child abuse was common; the Supreme Court’s Office of Domestic Violence reported that 28 percent of the complaints it received in the first quarter of the year involved children. The government maintained a 24-hour hotline staffed by professional child psychologists for free consultations and advice.

Early and Forced Marriage: Children older than age 16 are legally allowed to marry with parental permission. Children younger than 16 are required to obtain judicial authorization in addition to parental consent.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and the sale, offering, or procuring of children for prostitution. Authorities generally enforced the law; however, sexual exploitation of children, including in prostitution, was a problem. The minimum age of consensual sex is 13, but there are heightened protections for persons ages 13 to 16. A statutory rape law provides for penalties ranging from six months to 20 years in prison, depending on the age of the victim and other factors.

In August a trial began for two priests and two nuns arrested in September 2018 for sexual abuse of minors. The accused worked at a group of schools for hearing-impaired children, the Antonio Provolo Institutes; a reported 67 students claimed abuses between 1983 and 2002. One of the accused, Nicola Corradi, had previously been found guilty of abuse while working at a school in Verona, Italy, his country of origin. On November 25, a court in Mendoza found Corradi and Horacio Corbacho guilty of child sexual abuse and sentenced them to 42 and 45 years in prison, respectively. Armando Gomez, a former school gardener, received an 18-year sentence.

The law prohibits the production and distribution of child pornography, with penalties ranging from six months to four years in prison. Following a multiyear effort, Congress amended the criminal code in 2018 to make the possession of child pornography a criminal offense.

During the year prosecutors from the nationwide Point of Contact Network against Child Pornography on the Internet pursued cases of internet child pornography. The network reported improvements on the national level in the ability to punish offenders. The City of Buenos Aires Public Ministry’s Judicial Investigative Bureau served as the primary point of contact for receiving and distributing child pornography leads from the National Center for Missing and Exploited Children to prosecutors and police forces across the country.

On September 12, local authorities arrested a 71-year-old former policeman for involvement in a network of child pornography that victimized an estimated 1,200 children between four months and 14 years old since 2003. The man posed as a producer of youth television to lure his victims.

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

Estimates of the size of the Jewish community varied, but the most recent data available, published by the Berman Jewish Databank, estimated the population at 180,300 in 2018. Sporadic acts of anti-Semitic discrimination and vandalism continued. The Delegation of Argentine Jewish Associations recorded 834 complaints of anti-Semitism in 2018, compared with 404 in 2017, a 107 percent increase. The most commonly reported anti-Semitic incidents tracked by the report were slurs posted on various websites, often in relation to news articles. Other incidents included graffiti, verbal slurs, and the desecration of Jewish cemeteries.

In July, President Macri announced the creation of a national terrorism registry and designated Hizballah a terrorist organization. Hizballah operatives were alleged to have conducted the 1994 bombing of the Argentina Israelite Mutual Association (AMIA) community center in Buenos Aires that killed 85 persons, and the country continued to seek the extradition of seven suspects, including five Iranian citizens.

In 2018 a federal court indicted former president Fernandez de Kirchner and members of her administration for allegedly impeding investigations into the AMIA bombing. As of October no court date was announced.

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

The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law, but there were scattered reports of discrimination. Various government agencies offered a variety of services and programs to individuals with disabilities, including community-based rehabilitation programs, sports and recreation facilities, braille translation services, legal services, and a variety of pensions and subsidies. The law also mandates access to buildings by persons with disabilities. According to media reports, the ombudsman of the city of Buenos Aires reported that only 33 percent of the metropolitan subway stations had elevators or escalators. In February a judge in Buenos Aires ordered that passengers be allowed to ride for free if the escalators or elevators at the entry or exit station were out of order, based on the principle of accessibility.

While the federal government has protective laws, many provinces had not adopted such laws and had no mechanisms to ensure enforcement. An employment quota law reserves 4 percent of federal government jobs for persons with disabilities. Data from the National Institute of Statistics, however, showed that in 2018 only an estimated 32 percent of working-age individuals with a disability were employed.

Congress proposed and passed a 56 percent budget increase for the National Disability Agency, which provides a range of services and subsidies for disabled persons.

The constitution recognizes the ethnic and cultural identities of indigenous peoples and states that Congress shall protect their right to bilingual education, recognize their communities and the communal ownership of their ancestral lands, and allow for their participation in the management of their natural resources.

The lack of trained teachers hampered government efforts to offer bilingual education opportunities to indigenous peoples.

Indigenous people were not fully consulted in the management of their lands or natural resources, particularly lithium, in part because responsibility for implementing the law is delegated to the 23 provinces, the constitutions of only 11 of which recognize indigenous rights.

Projects carried out by the agricultural and extractive industries displaced individuals, limited their access to traditional means of livelihood, reduced the area of lands on which they depended, and caused pollution that in some cases endangered the health and welfare of indigenous communities. Conflict occurred when authorities evicted indigenous peoples from ancestral lands then in private ownership.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons generally enjoyed the same legal rights and protections as heterosexual persons. No laws criminalize consensual same-sex conduct between adults. LGBTI persons could serve openly in the military.

The law gives transgender persons the right legally to update their name and gender marker on identity documents to reflect their gender identity without prior approval from a doctor or judge.

National antidiscrimination laws do not specifically include the terms “sexual orientation or gender identity” as protected grounds, only “sex.” There was no reported official discrimination, however, based on sexual orientation or gender identity in employment, housing, or access to education or health care. Media and NGOs reported cases of discrimination, violence, and police brutality toward LGBTI individuals, especially transgender persons.

The National Observatory of Hate Crimes registered 68 official complaints of discriminatory or violent acts against LGBTI individuals in the first half of the year, including six killings of transgender persons; this was approximately a 30 percent increase over the same period in 2018.

In Tucuman Province Lucas Gargiulo reported that three men raped him during a May 1 robbery, upon realizing he was transgender. Gargiulo told local media that the incident took place within the likely earshot of several police officers, who did not act. Gargiulo did not file a formal complaint. In response to the incident, the National Institute Against Discrimination, Xenophobia, and Racism trained police in the city of San Miguel de Tucuman on discrimination and gender identity.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, bargain collectively, and conduct legal strikes; the government generally respected these rights. The law prohibits discrimination against unions and protects workers from dismissal, suspension, and changes in labor conditions. It also prohibits military and law enforcement personnel from forming and joining unions. The government effectively enforced the law. Complaints of unfair labor practices can be brought before the judiciary. Violations of the law may result in a fine being imposed on the employer or the relevant employers’ association, as appropriate. Penalties for violations were sufficient to deter violations. There were cases of significant delays or appeals in the collective bargaining process.

The law allows unions to register without prior authorization, and registered trade union organizations may engage in certain activities to represent their members, including petitioning the government and employers. The law grants official trade union status to only one union deemed the “most representative,” defined by law as the union that has the highest average proportion of dues-paying members to number of workers represented, per industrial sector within a specific geographical region. Only unions with such official recognition receive trade union immunity from employer reprisals against their officials, are permitted to deduct union dues directly from wages, and may bargain collectively with recourse to conciliation and arbitration. The most representative union bargains on behalf of all workers in a given sector, and collective agreements cover both union members and nonmembers in the sector. The law requires the Ministry of Production and Labor to ratify collective bargaining agreements. The Argentine Workers Central (CTA Autonoma) Observatory of Social Rights claimed a 400 percent increase in the ministry’s ratifications of bargaining agreements in the first half of the year, compared with the same period in 2018, although 60 percent of those corresponded to bargaining agreements from 2017 or before.

The CTA Autonoma and other labor groups not affiliated with the General Confederation of Labor continued to contend that the legal recognition of only one union per sector conflicted with international standards, namely International Labor Organization (ILO) Convention No. 87, and prevented these unions from obtaining full legal standing.

Civil servants and workers in essential services may strike only after a compulsory 15-day conciliation process, and they are subject to the condition that unspecified “minimum services” be maintained. Once the conciliation term expires, civil servants and workers in essential services must give five days’ notice to the administrative authority and the public agency against which they intend to strike. If “minimum services” are not previously defined in a collective bargaining agreement, all parties then negotiate which minimum services will continue to be provided and a schedule for their provision. The public agency, in turn, must provide clients two days’ notice of the impending strike.

Employers generally respected the right to bargain collectively and to strike.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government generally enforced the law. Penalties were generally sufficient to deter violations.

Despite these mechanisms, forced labor, including forced child labor, occurred. The Secretariat of Labor and Employment carried out regular inspections across the country and found 15 cases of forced labor between January and October, affecting 91 victims. Efforts to hold perpetrators accountable continued. In May authorities in Santa Fe Province rescued a 91-year-old man who had reportedly been held in forced labor on a farm for 12 years.

Employers subjected a significant number of Bolivians, Paraguayans, and Peruvians, as well as Argentines from poorer northern provinces, to forced labor in the garment sector, agriculture, construction, domestic work, and small businesses (including restaurants and supermarkets). Men, women, and children were victims of forced labor, although victims’ typical gender and age varied by employment sector (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16. In rare cases labor authorities may authorize a younger child to work as part of a family unit. Children between ages 16 and 18 may work in a limited number of job categories and for limited hours if they have completed compulsory schooling, which normally ends at age 18. Children younger than 18 cannot be hired to perform perilous, arduous, or unhealthy jobs. The law requires employers to provide adequate care for workers’ children during work hours to discourage child labor.

Provincial governments and the city government of Buenos Aires are responsible for labor law enforcement. Penalties for employing underage workers were generally sufficient to deter violations.

While the government generally enforced applicable laws, observers noted some inspectors were acquainted or associated with the persons they inspected, and corruption remained an obstacle to compliance, especially in the provinces.

Children were engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, forced labor in domestic servitude and production of garments, and illicit activities such as the transport and sale of drugs. The government published the final report from its 2016-17 national child labor survey in November 2018. The National Survey on Children and Youth Activities found 19.8 percent of children in rural areas performed at least one form of labor, while 8.4 percent of children in urban areas did so.

Similar patterns emerged with adolescents, which the report defined as children 16 and 17 years old. The report found 43.5 percent of adolescents in rural areas and 29.9 percent in urban areas engaged in at least one form of labor. Principal activities were helping in a business or office; repair or construction of homes; cutting lawns or pruning trees; caring for children, the elderly, or the infirm; helping in a workshop; making bread, sweets, or other food for sale; gathering paper, boxes, cans, and other recyclables in the street; handing out flyers or promotional materials for a business; cleaning homes and businesses or washing and ironing clothes for others; and cultivating or harvesting agricultural products.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation, and the government generally enforced the law. The most prevalent cases of workplace discrimination were based on disability, gender, and age. Discrimination also occurred on the basis of HIV-positive status and against individuals of indigenous origin.

Although women enjoyed the same legal status and rights as men, they continued to face economic discrimination. Women held a disproportionately high proportion of low paying, informal jobs and significantly fewer executive positions in the private sector than men, according to several studies. Although equal pay for equal work is constitutionally mandated, women earned approximately 25 percent less than men earned for similar or equal work.

e. Acceptable Conditions of Work

In August the government announced a 35 percent increase in the national monthly minimum wage, to be implemented gradually by October. The minimum wage remained below the official poverty income level for a family of four. Most workers in the formal sector earned significantly more than the minimum wage. The minimum wage generally served to mark the minimum pay an informal worker should receive.

Federal law sets standards in workhours and occupational safety and health. The maximum workday is eight hours, and the maximum workweek is 48 hours. Overtime pay is required for hours worked in excess of these limits. The law prohibits excessive overtime and defines permissible levels of overtime as three hours a day. Labor law mandates between 14 and 35 days of paid vacation, depending on the length of the worker’s service.

The law sets premium pay for overtime, adding an extra 50 percent of the hourly rate on ordinary days and 100 percent on Saturday afternoons, Sundays, and holidays. Employees cannot be forced to work overtime unless work stoppage would risk or cause injury, the need for overtime is caused by an act of God, or other exceptional reasons affecting the national economy or “unusual and unpredictable situations” affecting businesses occur.

The government sets occupational safety and health standards, which were current and appropriate for the main industries in the country. The law requires employers to insure their employees against accidents at the workplace and when traveling to and from work. The law requires employers either to provide insurance through a labor-risk insurance entity or to provide their own insurance to employees to meet requirements specified by the national insurance regulator. The law limits the worker’s right to file a complaint if he or she does not exhaust compulsory administrative proceedings before specified medical committees.

Laws governing acceptable conditions of work were not enforced universally, particularly for workers in the informal sector (approximately 35 percent of the labor force). The Labor Ministry has responsibility for enforcing legislation related to working conditions. The ministry continued inspections to ensure companies’ workers were registered and formally employed. The ministry conducted inspections in various provinces, but the Labor Inspectorate employed well below the number of inspectors recommended by the ILO, given the size of the workforce. The Superintendence of Labor Risk served as the enforcement agency to monitor compliance with health and safety laws and the activities of the labor risk insurance companies.

Workers could not always recuse themselves from situations that endangered their health or safety without jeopardy to their employment, and authorities did not effectively protect employees in these circumstances. In May the Labor Ministry reported a 6 percent decline in work-related accidents. The manufacturing and mining sectors reported the highest number of accidents, while the construction and agriculture sectors had the lowest.

Belize

Executive Summary

Belize is a constitutional parliamentary democracy. In 2015 the United Democratic Party won 19 of 31 seats in the House of Representatives following generally free and fair multiparty elections.

Police are responsible for internal security. The Ministry of National Security is responsible for oversight of police, prisons, the coast guard, and the military. Although primarily charged with external security, the military also provides limited domestic security support to civilian authorities and has limited powers of arrest that are executed by the Belize Defense Force (BDF) for land and littoral areas and by the coast guard for coastal and maritime areas. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included allegations of unlawful killings by security officers; allegations of corruption by government officials; trafficking in persons; crimes involving violence targeting lesbian, gay, bisexual, transgender, and intersex persons; and child labor.

In some cases the government took steps to prosecute public officials who committed abuses, both administratively and through the courts, but there were few successful prosecutions.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Press and Media, Including Online Media: In July a law firm representing Prime Minister Dean Barrow informed media outlets they could face legal action if they broadcast a statement from a foreign government agency related to Barrow. The statement, which was made public, was one of the court documents filed in a real-estate fraud case involving foreign investors. The prime minister and his law firm were named in the court document as having knowledge of the land scam. The opposition party criticized the prime minister’s letter, and Senator Osmany Salas described it as an attempt to restrain freedom of press.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government detained several unaccompanied minors who were transiting the country en route to the United States to join their families.

Not applicable.

f. 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 government does not distinguish between refugees and asylum seekers, as the law itself does not reference asylum seekers–only refugees and recognized refugees. During the year the government did not grant asylum status to any of the pending 3,740 applicants, although the Refugee Eligibility Committee recommended 517 persons for approval. Many applications were summarily denied because the applicants did not apply for asylum within 14 days of entering the country, as the law requires. The nongovernmental organization (NGO) Help for Progress, the UN High Commissioner for Refugees implementing partner in the country, opened a resource facility near the western border to offer information on how to apply for asylum status, and it continued to assist by providing limited basic services, including shelter, clothing, and food to refugees and asylum seekers.

Employment: Persons awaiting adjudication of their refugee applications were unable to work legally in the country.

Access to Basic Services: Refugees were able to use the education system and the socialized medical system, but the government offered no assistance with housing or food except in extreme cases that involved children and pregnant women.

Temporary Protection: The Immigration Department issued renewable special residency permits for periods of 60 to 90 days to those who applied for refugee status within the 14-day deadline.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

During the year the Elections and Boundaries Department conducted a reregistration of the entire electorate. A significant number of citizens claimed they were not allowed to register, and subsequently vote, because they lacked identification documents, which they said the government failed to provide.

Recent Elections: In the March 2018 municipal elections, the United Democratic Party retained 62 percent of all municipal seats, while the People’s United Party increased its share of municipal seats to 38 percent. The results of the San Pedro municipal election were challenged in court by the People’s United Party. The court did not find enough evidence to invalidate the results, and the case was dismissed. The law does not allow citizens to hold public office while seeking political office.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Observers suggested cultural and societal constraints limited the number of women participating in government. Women remained a clear minority in government: two of 31 members of the House of Representatives and three of 13 senators were women.

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: Allegations of corruption in government among public officials, including ministers, deputy ministers, and chief executive officers, were numerous, although no substantial proof was presented in most cases. In September a foreign law enforcement agency detained the deputy director of the Belize Tax Service Department, Reynaldo Verde, for extortion and attempted extortion of a foreign national investor in Belize. The investor claimed that in 2017, Verde requested BZ$350,000 ($175,000) in exchange for erasing the taxes the investor owed to the government. Verde denied the accusations, and as of year’s end he continued detained abroad awaiting a court hearing.

The Senate Select Committee charged with investigating alleged corruption within the Immigration and Nationality Department failed to produce a report and recommendations to the government. Public hearings conducted during the 2017 investigation revealed several instances where high-ranking government officials, including ministers of government, approved the issuance of visas, citizenship, and passports to unqualified individuals. Citizens alleged corruption against the Lands and Surveys Department in the Ministry of Natural Resources for illegally distributing lands to party associates. Despite the accusations of political cronyism, the government insisted it maintained transparency in the distribution of land.

The 2017 case brought by the government against Andre Vega, the son of former deputy prime minister Gaspar Vega, concluded in July with a court ruling that Vega must repay BZ$400,000 ($200,000) in compensation he received for wrongfully being awarded a privately owned piece of land. Andre Vega and attorney Sharon Pitts were accused of unjustifiably enriching themselves from questionable land transactions while Gaspar Vega was minister. Pitts entered into mediation with the government in an effort to find an amicable solution to return money made in the scheme.

Financial Disclosure: The law requires public officials to submit annual financial disclosure statements, which the Integrity Commission reviews. At the same time, the constitution allows authorities to prohibit citizens from questioning the validity of such statements. Anyone who does so outside of the rigidly prescribed procedure is subject to a fine of up to BZ$5,000 ($2,500), three years’ imprisonment, or both. Many public officials did not submit annual financial disclosure statements and suffered no repercussions. In July the Integrity Commission published the names of 32 local government members who failed to file sworn declaration of assets for 2018. In accordance with the law, a report was also sent to the director of public prosecution for further action, but as of year’s end, none had been taken. As of September the commission continued to be staffed by only a secretary.

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

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

Government Human Rights Bodies: The ombudsman, although appointed by the government, acts as an independent check on governmental abuses. The Office of the Ombudsman holds a range of procedural and investigative powers, including the right to enter any premise to gather documentation and the right to summon persons. The office operated under significant staffing and financial constraints. The law requires the ombudsman to submit annual reports. The office does not have the power to investigate allegations against the judiciary. While the Office of the Ombudsman has wide investigative powers, it lacks effective enforcement authority; noncompliance by the offices being investigated severely limited its effectiveness.

The Human Rights Commission, an independent, volunteer-based NGO, continued to operate, but only on an ad hoc basis due to funding and staffing limitations. The commission provided human rights training for police recruits, prison officers, and the BDF.

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

Rape and Domestic Violence: The criminal code criminalizes rape of men or women, including spousal rape. The code states that a person convicted of rape shall be sentenced to imprisonment for eight years to life, although sentences were sometimes much lighter. Problems facing the wider justice system generally resulted in poor conviction rates for rape. According to the United Belize Advocacy Movement (UniBAM), 75 percent of sexual abuse crimes were against girls between the ages of 10 and 19.

Domestic violence was often prosecuted with charges such as harm, wounding, grievous harm, rape, and marital rape, but allegations of domestic violence were treated as civil matters. Police, prosecutors, and judges recognized both physical violence and mental injury as evidence of domestic violence. Penalties include fines or imprisonment for violations. The law empowers the Family Court to issue protection orders against accused offenders.

The government directed awareness campaigns against gender-based and domestic violence, a domestic violence hotline, and shelters for victims, and major police stations had designated domestic abuse officers, although these measures were not always effective.

Sexual Harassment: The law provides protection from sexual harassment in the workplace, including provisions against unfair dismissal of a victim of sexual harassment in the workplace. The Women’s Department recognizes sexual harassment as a subset of sexual violence, but no cases have ever been brought under the sexual harassment provisions.

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

Discrimination: The law provides for the same legal status and rights for women as for men. The law also mandates equal pay for equal work, but the labor commissioner verified that men earned on average BZ$90 ($45) more per month than women did because they held higher managerial positions. The law provides generally for the continuity of employment and protection against unfair dismissal, including for sexual harassment in the workplace, pregnancy, or HIV status.

Despite legal provisions for gender equality and government programs aimed at empowering women, NGOs and other observers reported women faced social and economic discrimination. Although participating in all spheres of national life and outnumbering men in university classrooms and having higher high school graduation rates, women held relatively few top managerial or government positions.

Birth Registration: Citizenship is derived by birth within the country’s territory, regardless of the parents’ nationality. Citizenship may also be acquired by descent if at least one parent is a citizen of the country. The standard requirement is for births to be registered no later than a week after birth; registration after a month is considered late and includes a minimal fine. Failure to register does not result in any denial of public service, but it slows the process for receiving a social security card to access services such as health care. Children without birth certificates also had trouble registering for school and often had to move from school to school. The government’s Vital Statistics Unit expanded registration of newborns by establishing registration officers at all major hospitals, but due to inadequate funding and staffing, the offices were open only during the workweek from 8 a.m. to 5 p.m. In 2017 UNICEF began a project to ensure all births in the country are registered.

Child Abuse: The law allows authorities to remove a child from an abusive home environment and requires parents to maintain and support children until the age of 18. Abuse of children occurred. There were publicized cases of underage girls being victims of sexual abuse and mistreatment, in most cases in their own home or in a relative’s home.

The Family Services Division in the Ministry of Human Development is the government office with the lead responsibility for children’s problems. The division coordinated programs for children who were victims of domestic violence, advocated remedies in specific cases before the Family Court, conducted public education campaigns, investigated cases of human trafficking in children, and worked with local and international NGOs and UNICEF to promote children’s welfare.

Early and Forced Marriage: The legal minimum age to marry is 18, but persons between ages 16 and 18 may marry with the consent of parents, legal guardians, or judicial authority. According to UNICEF, 29 percent of women ages 20 to 49 were married or cohabitating before reaching age 18.

Sexual Exploitation of Children: The law establishes penalties for child prostitution, child pornography, child sexual exploitation, and indecent exhibition of a child. It defines a “child” as anyone younger than age 18. The law stipulates that the offense of child prostitution does not apply to persons exploiting 16- and 17-year-old children through exchanging sexual activity for remuneration, gifts, goods, food, or other benefits.

The legal age for consensual sex is 16, but prostitution is not legal under age 18. Sexual intercourse with a minor younger than age 14 is punishable by 12 years’ to life imprisonment. Unlawful sexual intercourse with a minor age 14-16 is punishable by five to 10 years’ imprisonment.

There were anecdotal reports that boys and girls were exploited through child prostitution, including through the “sugar daddy” syndrome whereby older men provided money to minors, their families, or both for sexual relations. Similarly, there were reports of increasing exploitation of minors, often to meet the demand of foreign sex tourists in tourist-populated areas or where there were transient and seasonal workers. The law criminalizes the procurement or attempted procurement of “a person” younger than age 18 to engage in prostitution; an offender is liable to eight years’ imprisonment. The government did not effectively enforce laws prohibiting child sex trafficking.

The law establishes a penalty of two years’ imprisonment for persons convicted of publishing or offering for sale any obscene book, writing, or representation.

Displaced Children: There were reports of unaccompanied children who were detained by authorities as they made their way to the United States to join their families. Government agencies worked closely with the embassies of the respective children to provide them protection and services.

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

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

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

The law does not expressly prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the constitution provides for the protection of all citizens from any type of discrimination. The law does not provide for accessibility accommodations for persons with disabilities, and most public and private buildings and transportation were not accessible to them. Certain businesses and government departments had designated clerks to attend to the elderly and persons with disabilities. There were no policies to encourage hiring of persons with disabilities in the public or private sectors.

Mental health provisions and protections generally were poor. Informal government-organized committees for persons with disabilities were tasked with public education and advocating for protections against discrimination. The country does not have a reliable system for identifying persons with disabilities who need services. The Ministry of Education, Culture, Youth, and Sports maintained an educational unit offering limited and segregated education programs within the regular school system. There were two schools and four education centers specializing in working with children with disabilities. Children with disabilities attended mainstream schools through secondary education at a significantly lower rate than other children and were placed with nondisabled peers.

The special envoy for women and children continued advocacy campaigns on behalf of persons with disabilities, especially children, and supported efforts to promote schools that took steps to create inclusive environments for them.

In June, Nestor Vasquez, an individual with a mental disability, died after receiving head injuries inflicted by another individual with a mental disability. The men had been placed together in the same holding cell at the Queen Street Police Station in Belize City. Vasquez’s attacker had been arrested for attempted murder. The two police officers who failed to intervene faced disciplinary charges and were dismissed from the BPD.

No separate legal system or laws cover indigenous people, since the government maintains that it treats all citizens the same. Employers, public and private, generally treated indigenous persons equally with other ethnic groups for employment and other purposes.

The Maya Leaders’ Alliance monitored development in the Toledo District with the goal of protecting Mayan land and culture. During the year the Maya in the southern part of the country and the government continued working on a way to implement a Caribbean Court of Justice consent order on Maya customary land tenure.

The law does not prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, or access to government services such as health care, but the constitution provides for the protection of all citizens from any type of discrimination.

The Immigration Act prohibits “homosexual” persons from entering the country, but immigration authorities did not enforce the law.

The extent of discrimination based on sexual orientation or gender identity was difficult to ascertain due to a lack of official reporting. UniBAM stated that discrimination and assault based on these factors were substantially underreported; however, the organization registered six cases of discrimination: two cases involving cyberbullying, one case in which a lesbian woman was denied a protective order, and three complaints of police harassment. UniBAM reported that LGBTI persons between the ages of 14 to 24 faced the most violence in rural communities, especially in very religious parts of the country. UniBAM’s executive director, Caleb Orozco, noted that in these religious communities, police often refused to take reports from survivors.

In July off-duty police officer Ralph Gillett faced discrimination when a woman refused to allow him to sit beside her on public transportation because she believed he was gay. A verbal confrontation ensued, which led to the woman physically attacking Gillett. Responding police officers physically assaulted Gillett by slapping him and placing him in a submission hold. The incident was recorded on video and prompted an investigation by the BPD. Gillett faced BPD disciplinary charges for prejudice of good order and discipline. Special Envoy for Women and Children (and the prime minister’s spouse) Kim Barrow issued a statement asserting “violence of this kind has no place in our society” and underscoring that the BPD should have offered protection and support to Gillett.

According to UniBAM, LGBTI persons continued to be denied medical services and education and encountered family-based violence.

There was some societal discrimination against persons with HIV/AIDS, and the government worked to combat it through public education efforts of the National AIDS Commission under the Ministry of Human Development.

The law provides for the protection of workers against unfair dismissal, including for HIV status. The government provided free antiretroviral medication and other medical services to persons with HIV registered in the public-health system; however, the government sometimes had insufficient supplies of medication.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutes, generally provides for the right to establish and join independent trade unions, bargain collectively, and conduct legal strikes. The Ministry of Labor, Local Government, and Rural Development (Ministry of Labor) recognizes unions and employers associations after they are registered, and the law establishes procedures for the registration and status of trade unions and employer organizations and for collective bargaining. The law also prohibits antiunion discrimination, dissolution, or suspension of unions by administrative authority and requires reinstatement of workers fired for union activity.

The law allows authorities to refer disputes involving public- and private-sector employees who provide “essential services” to compulsory arbitration, prohibit strikes, and terminate actions. The postal service, monetary and financial services, civil aviation, petroleum sector, port authority personnel (stevedores and pilots), and security services are deemed essential services by local laws, beyond the International Labor Organization definition of essential services. There were no reports of antiunion discrimination, but there were some reports workers were intimidated into either not joining a union or dropping union membership if they had joined. In July, 125 employees of the Karl Heusner Memorial Hospital (KHMH), the country’s only referral hospital, walked out after learning the institution had no pension program for employees. The KHMH Workers’ Union stated the policy contradicted the law governing their employment and sought a legal opinion on the matter. On another matter, in September the union demanded that the hospital authority remove its director of medical services for arbitrarily withholding overtime payments to medical officers for two months. The union threatened to commence legal action if the director was not removed.

In August, Belize Water Service Limited (BWSL) signed a collective bargaining agreement for 295 employees that sought to promote efficient, safe, and effective working practices between the company and the union. BWSL, the only water and sewage utility for the country, is government owned.

Workers may file complaints with the Ministry of Labor or seek redress from the courts, although it remained difficult to prove that terminations were due to union activity. The ministry’s Labor Department generally handled labor cases without lengthy delays and dealt with appeals via arbitration outside of the court system. The court did not apply the law requiring reinstatement of workers fired for union activity and provided monetary compensation instead.

The Labor Department was hampered by factors such as a shortage of vehicles and fuel in its efforts to monitor compliance, particularly in rural areas. There were complaints of administrative or judicial delays relating to labor complaints and disputes. Penalties were insufficient to deter violations.

Antiunion discrimination and other forms of employer interference in union functions sometimes occurred, and on several occasions, unions threatened or carried out strikes. NGOs working in migrant communities asserted that in certain industries, particularly the banana, citrus, and construction sectors, employers often did not respect due process, did not pay minimum wages, and classified workers as contract and nonpermanent employees to avoid providing certain benefits. An NGO noted that both national and migrant workers were denied rights.

b. Prohibition of Forced or Compulsory Labor

The constitution prohibits all forms of forced or compulsory labor. Penalties for forced or compulsory labor are covered under the antitrafficking law and include penalties sufficient to deter violations, although the government did not effectively enforce the law. Resources and inspections to deter violations were limited. The government reportedly investigated three forced labor cases; it did not identify any forced labor victims during the year.

Forced labor of both Belizean and foreign women occurred in bars, nightclubs, and domestic service. Migrant men, women, and children were at risk for forced labor in agriculture, fishing, and in the service sector, including restaurants and shops, particularly among the South Asian and Chinese communities.

The International Labor Organization expressed concern that the Trade Unions Act allows the sanction of compulsory labor to be imposed as a punishment for breaches of labor discipline or for peaceful participation in strikes.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor. The law sets the minimum age for employment at 14 years old generally, with the exception of work in wholesale or retail trade or business, for which the minimum age is 12. “Light work,” which is not defined in the law, is allowed for children ages 12 to 13. Children ages 14-18 may be employed only in an occupation that a labor officer determines is “not injurious to the moral or physical development of nonadults.” Children older than age 14 are explicitly permitted to work in “industrial undertakings,” which include mining, manufacturing, and construction. Children younger than age 16 are excluded from work in factories, and those younger than age 18 are excluded from working at night or in certain kinds of employment deemed dangerous. The Labor Department used a list of dangerous occupations for young workers as guidance, but the list was not adopted as law.

The law permits children to work on family farms and in family-run businesses. National legislation does not address a situation in which child labor is contracted between a parent and the employer. The National Child Labor Policy distinguishes between children engaged in work that is beneficial to their development and those engaged in the worst forms of child labor. The policy identifies children involved in the worst forms of child labor as those engaged in hazardous work, human trafficking and child slavery, commercial sexual activities, and illicit activities.

The Labor Department has primary responsibility for implementing labor policies and enforcing labor laws, but it was not effective in enforcing the law. Inspectors from the Labor and Education Departments are responsible for enforcing these regulations, with the bulk of the enforcement falling to truancy officers. Penalties were not sufficient to deter violations. There is also a National Child Labor Committee under the National Committee for Families and Children, a statutory interagency group that advocates for policies and legislation to protect children and eliminate child labor.

Some children were vulnerable to forced labor, particularly in the agricultural and service sectors. Commercial sexual exploitation of children occurred (see section 6, Children). According to the most recent data available from the Statistical Institute of Belize from 2013, the country’s child labor rate was 3.2 percent, with half of those children involved in hazardous work. The problem was most prevalent in rural areas. Boys accounted for 74 percent of children illegally employed, mostly engaged in hazardous activities.

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

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination with respect to employment on the basis of race, sex, gender, language, HIV-positive status or other communicable diseases, or social status. The government did not effectively enforce those laws and regulations. The law does not explicitly prohibit discrimination in employment with respect to disability, sexual orientation, or gender identity. There were reports discrimination in employment and occupation occurred with respect to sexual orientation. One NGO reported that members of the LGBTI community often had problems gaining and retaining employment due to discrimination in the workplace. There were no officially reported cases of discrimination at work based on ethnicity, culture, or skin color, although anecdotal evidence suggested such cases occurred.

e. Acceptable Conditions of Work

The national minimum wage was above the poverty-limit income level, according to statistics from 2009, the most recent year for which statistics were available. The law sets the workweek at no more than six days or 45 hours and requires premium payment for overtime work. Workers are entitled to two workweeks’ paid annual holiday. Additionally, there are 13 days designated as public and bank holidays. Employees who work on public and bank holidays are entitled to pay at time-and-a-half, except for Good Friday and Christmas, which are paid at twice the normal rate.

Several different health and safety regulations cover numerous industries. The regulations, which apply to all sectors, provide that the employer must take “reasonable care” for the safety of employees in the course of their employment. The regulations further provide that every employer who provides or arranges accommodation for workers to reside at or in the vicinity of a place of employment shall provide and maintain sufficient and hygienic housing accommodations, a sufficient supply of wholesome water, and sufficient and proper sanitary arrangements. In September, two men died after falling 40 feet from scaffolding while placing insulation in a public sporting facility. Four other men also fell but survived. The men, who were not provided harnesses, fell when the scaffold they were working on collapsed due to the condition of the wood.

The Ministry of Labor did not always effectively enforce minimum wage and health and safety regulations. The number of inspectors was not sufficient to secure compliance, especially in the more remote areas. Fines varied according to the infraction but generally were not very high and thus not sufficient to deter violations. In 2017 a labor tribunal was established, but it was unclear how many cases the tribunal had heard.

The minimum wage was generally respected. Nevertheless, anecdotal evidence from NGOs and employers suggested that undocumented Central American workers, particularly young service workers and agricultural laborers, were regularly paid below the minimum wage.

It was unclear whether workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, or whether authorities effectively protected employees in this situation.

Brazil

Executive Summary

Brazil is a constitutional, multiparty republic. In October 2018 voters chose the president, vice president, and the bicameral National Congress in elections that international observers reported were free and fair.

The three national police forces–the Federal Police, Federal Highway Police, and Federal Railway Police–have domestic security responsibilities and report to the Ministry of Justice and Public Security. There are two distinct units within the state police forces: The civil police, which perform an investigative role, and the military police, charged with maintaining law and order in the states and the Federal District. Despite the name, military police forces do not report to the Ministry of Defense. The armed forces also have some domestic security responsibilities and report to the Ministry of Defense. Civilian authorities at times did not maintain effective control over security forces.

Significant human rights issues included: reports of unlawful or arbitrary killings by state police; harsh and sometimes life-threatening prison conditions; torture; violence against journalists; widespread acts of corruption by officials; crimes involving violence or threats of violence targeting members of racial minorities, human rights and environmental activists, indigenous peoples and other traditional populations, and lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; and use of forced or compulsory labor.

The government prosecuted officials who committed abuses; however, impunity and a lack of accountability for security forces was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as victims.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, but the government did not always respect this right.

Freedom of Expression: On July 27, police shut down a concert at a jazz and blues festival in the state of Mato Grosso do Sul when performers encouraged the crowd to curse President Bolsonaro. Military police officers ordered the music to stop and cleared out the venue.

Violence and Harassment: Journalists were sometimes killed or subjected to harassment, physical attacks, and threats as a result of their reporting. According to the Press Emblem Campaign, from January to June, the National Federation of Journalists reported violence against journalists increased by 36 percent in 2018, compared with 2017, with 135 incidents reported, mostly by protesters. The majority of incidents occurred during political rallies.

The international NGO Press Emblem Campaign reported that as of June, two journalists who did political reporting were killed. On June 18, two men shot and killed journalist Romario da Silva Barros in Marica in the state of Rio de Janeiro. The victim was a founding member of Lei Seca Marica, an online news site covering the daily life of Marica’s approximately 153,000 residents. Images from surveillance cameras showed two men approaching the vehicle in which the journalist was sitting and shooting him several times. The killing of journalist Silva Barros was the second in the city in less than 30 days. On May 25, Robson Giorno, owner of the online newspaper O Marica, was also shot and killed. Giorno had recently announced his intention to run for mayor. As of September, police had not made arrests in either case.

In instances of violence perpetrated by protesters or provocateurs during mass demonstrations, at times security forces injured journalists during crowd-control operations.

Censorship or Content Restrictions: National laws prohibit politically motivated judicial censorship, but there were reports of judicial censorship in some local-level courts. In April Supreme Court justice Alexandre de Moraes ordered two news organizations to remove content from their websites he deemed to be “fake news” about Chief Justice Dias Toffoli that associated him with corrupt dealings. Two days later, under intense pressure, Justice Moraes rescinded the decision.

There were also instances of censorship of material supportive of the LGBTI community. According to media reports, on September 5, Rio mayor Marcelo Crivella attempted to pull the graphic novel Avengers: The Childrens Crusade from the Rio International Book Festival because it prominently featured a same-sex kiss, which he called inappropriate for children. He said the book and others with LGBTI content should be wrapped in black plastic and display a warning label, and he then ordered city inspectors to seize copies of Avengers. The book sold out prior to his giving the order.

On August 21, Minister of Citizenship Osmar Terra suspended federal funding for a television series that would have featured gender and sexual diversity, including LGBTI plotlines. The former Temer administration had already approved funding, and the series was in the final phase of approval. The announcement came after President Bolsonaro criticized funding for media that promoted LGBTI themes in a Facebook live broadcast. Minister Terra denied the suspension was an act of censorship, stating the Bolsonaro administration had the right to prioritize programming and was not beholden to decisions made by prior administrations. On August 22, the national secretary of culture within the Ministry of Citizenship, Jose Henrique Medeiros Pires, stepped down in protest, and the Federal Public Ministry of Rio de Janeiro opened an investigation to determine if the federal government violated the constitution by discriminating against the LGBTI community and violating rules for government public notices. On October 7, a federal court sided with the Federal Public Ministry’s lawsuit and overturned Minister Terra’s suspension, finding there was discrimination by the government.

Nongovernmental Impact: Nongovernmental criminal elements at times subjected journalists to violence due to their professional activities.

The government did not restrict or disrupt access to the internet or systematically censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority. Nonetheless, the online environment remained constrained by violence against independent bloggers and websites, criminal defamation laws, and restrictive limits on content related to elections.

The law protects net neutrality and freedom of expression online and provides for the inviolability and secrecy of user communications online, permitting exceptions only by court order. Anonymous speech is explicitly excluded from constitutional protection.

The electoral law regulates political campaign activity on the internet. The law prohibits paid political advertising online and in traditional media. During the three months prior to an election, the law also prohibits online and traditional media from promoting candidates and distributing content that ridicules or could offend a candidate.

There were no significant reports of government restrictions on educational or cultural events.

b. Freedoms of Peaceful Assembly and Association

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

The government generally respected the right of freedom of peaceful assembly, but police occasionally intervened in citizen protests that turned violent.

On July 23, three federal highway police officers interrupted a civil society meeting being held to organize protests against President Bolsonaro during his visit to the state of Amazonas. The officers reportedly intimidated and questioned participants about the protest and which organizations were involved. According to press reports, two participants said the officers claimed they were acting on official orders.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

According to the Office of the UN High Commissioner for Refugees (UNHCR) Socioeconomic Profile of Refugees in Brazil report, as of February there were 5,314 officially recognized refugees living in the country. The report included results from interviews with a sample of 500 refugees who had settled in seven states and the Federal District. According to the report, 55 percent of the refugees were from Syria and the Democratic Republic of the Congo. UNHCR reported 178,575 Venezuelans had requested protection in Brazil as of August. Of those, only 221 had been officially recognized as refugees by the National Committee for Refugees due to a years-long backlog in deciding cases.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that refugees were susceptible to human trafficking for the purposes of forced prostitution and forced labor. The National Committee for Refugees cooperated with UNHCR and other humanitarian organizations in providing official documents, protection, and assistance to refugees, asylum seekers, and other persons of concern. In July UNHCR, UNICEF, and the International Organization for Migration conducted training in the northern state of Roraima with military personnel on how to combat sexual abuse and exploitation in emergency contexts.

The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to displaced persons.

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. By law refugees are provided official documentation, access to legal protection, and access to public services. A 2017 migration law codified protections for asylum claimants and created a new humanitarian visa and residency status that serves as an alternative to refugee claims for some categories of regional migrants, particularly from Venezuela.

Increasing numbers of Venezuelan economic migrants, asylum seekers, and refugees arrived in the northern state of Roraima during the year. Many applied for asylum or temporary residency. The influx of the migrants into the small state aggravated relations between the local residents, migrants, and refugees, leading to incidents of violence.

The government continued the process of “interiorization” of Venezuelan asylum seekers, moving them from the border to other states to relieve pressure on the resource-strapped state of Roraima. The process was differentiated from resettlement, since a legal determination on their refugee status had not been reached.

Employment: The interiorization program also aims to provide economic opportunities for resettled Venezuelans by placing them in economic hubs in larger cities. Nonetheless, resettled Venezuelans seeking employment reported difficulty obtaining Brazilian accreditation for foreign academic degrees and professional licenses, restricting their ability to work.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: In national elections held in October 2018, citizens chose former federal deputy Jair Bolsonaro as president as well as elected 54 senators and 513 federal deputies to the National Congress. President Bolsonaro’s inauguration ceremony was held on January 1. International observers and media considered the elections 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 requires parties and coalitions to have a minimum quota of 30 percent women on the list of candidates for Congress and municipalities. By law 20 percent of the political television and radio advertising must be used to encourage female participation in politics. Parties that do not comply with this requirement may be found ineligible to contest elections. In the 2018 elections, some parties fielded the minimum number of female candidates but reportedly did not provide sufficient support for them to campaign effectively. In 2018 the Superior Electoral Court ruled parties must provide a minimum of 30 percent of campaign funds to support the election of female candidates. Women remained underrepresented in elected positions, representing only 15 percent of federal deputies and 13 percent of federal senators. One newly elected state congresswoman in the state of Santa Catarina suffered a wave of misogynistic social media attacks, including by self-identified members of the military police, after wearing a neckline her critics considered “revealing” during her swearing-in to the state legislative assembly. The military police commander general announced he would investigate the actions of the police officers who posted the offensive comments.

Officials from underrepresented groups, especially LGBTI and Afro-Brazilian groups, reported receiving death threats. In January Federal Deputy Jean Wyllys, one of the first openly gay National Congress deputies, went into self-imposed exile, abandoning his third term. He had received police protection for four years due to death threats.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of corruption by officials and stipulates civil penalties for corruption committed by Brazilian citizens or entities overseas. There were numerous reports of corruption at various levels of government, and delays in judicial proceedings against persons accused of corruption were common, often due to constitutional protections from prosecution for sitting members of Congress and government ministers. This often resulted in de facto impunity for those responsible.

Corruption: In June the Federal Police launched an operation to dismantle a network of federal police agents and federal highway police personnel who leaked information about police operations in the state of Santa Catarina to businesspersons and politicians. As part of the operation, federal police agents arrested the mayor of Florianopolis, Gean Loureiro, for allegedly ordering Paraguayan spy equipment to be smuggled in and placed in the city hall. Loureiro was held for less than 24 hours but was relieved of office for 30 days while the investigation was underway.

The investigation of the Petrobras state oil company embezzlement scandal (Operation Carwash, or Lava Jato), which began in 2014, continued and led to arrests and convictions of money launderers and major construction contractors and also to the investigation, indictment, and conviction of politicians across the political class. Information gained through collaboration and plea bargains with suspects launched a widening net of new investigations. Convictions related to the investigations included that of former president Luiz Inacio “Lula” da Silva. In March the Federal Police arrested former president Michel Temer for receiving 1.1 million reais (R$) ($275,000) in bribes in 2014 from Engevix, an engineering and construction conglomerate, through a company controlled by a personal friend. Temer was charged with corruption, money laundering, and embezzlement. In May Temer’s lawyers filed a writ of habeas corpus, and he was released, with limitations, pending trial. As of October, there were no additional developments in this case.

In November 2018 federal police agents arrested Rio de Janeiro Governor Luiz Fernando Pezao on charges of corruption and money laundering. He allegedly received R$40 million ($10 million) in bribes from 2007 to 2015, while serving as the vice governor to former governor Sergio Cabral, who was in prison serving a 14-year sentence for corruption and money laundering connected to Operation Carwash. In February Rio de Janeiro’s Regional Electoral Court suspended Pezao’s ability to run for office until 2022. As of October, he remained in detention awaiting trial.

Financial Disclosure: Public officials are subject to financial disclosure laws, and officials generally complied with these provisions. Not all asset declarations are made public, but federal employees’ salaries and payment information are posted online and can be searched by name.

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

Many domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views. Federal and state officials in many cases sought the aid and cooperation of domestic and international NGOs in addressing human rights problems.

Government Human Rights Bodies: President Bolsonaro, through the use of executive orders, moved the National Indian Foundation (FUNAI) from the Ministry of Justice to the Ministry of Women, Family, and Human Rights, and he placed FUNAI’s indigenous land demarcation function within the Ministry of Agriculture. Many human rights organizations criticized the move, alleging it catered to the interests of the agrobusiness lobby and threatened indigenous communities’ land rights. In June President Bolsonaro reissued the executive order after Congress denied the measure. On August 1, the Supreme Court determined that issuing the same executive order twice in the same legislative session was unconstitutional and allowed FUNAI to remain under the Ministry of Justice with the land demarcation function until at least 2020.

The Chamber of Deputies and the Senate had human rights committees and subcommittees that operated without interference and participated in several activities nationwide in coordination with domestic and international human rights organizations. Most states had police ombudsmen, but their accomplishments varied, depending on such factors as funding and outside political pressure.

In April President Bolsonaro issued a decree to eliminate 34 interministerial councils that link civil society to decision makers in the government on a range of human rights topics. The Supreme Court overturned the decree, but the president maintained the councils were ineffective and a waste of resources. A few of the councils impacted by the ruling included the National LGBT Council, National Council for Religious Freedom, National Council for Racial Equality Policies, National Council for Rights of Children and Adolescents, and National Council for Refugees.

The National Council for Human Rights, established by law, was not affected by the presidential decree. The council, which is composed of 22 members–11 from various government agencies and 11 from civil society–met regularly, most recently in February.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. In addition, the Maria da Penha Law criminalizes physical, psychological, and sexual violence against women, as well as defamation and damage to property or finances by someone with whom the victim has a marriage, family, or intimate relationship. Persons convicted of killing a woman or girl in cases of domestic violence may be sentenced to 12 to 30 years in prison.

According to NGOs and public security data, domestic violence was widespread. According to the 13th Public Safety Yearbook released annually by the Brazilian Public Security Forum, there were 66,000 cases of rape in 2018. In cases of femicide, the killer was a partner or former partner of the victim 89 percent of the time. On March 18, in the municipality of Santo Andre, located in the metropolitan area of Sao Paulo, Manoel Gomes de Oliveira ran over his wife, who was walking on the sidewalk, got out of his car, shot and killed her, and fled. Later that day police arrested him and charged him with femicide.

The federal government maintained a toll-free nationwide hotline for women to report instances of intimate partner violence. Hotline operators have the authority to mobilize military police units to respond to such reports and follow up regarding the status of the case.

NGO and public security representatives claimed that culturally, domestic violence was often viewed as a private matter. Oftentimes bystanders either did not report cases of violence or waited until it was too late. In February Vinicius Batista Serra, age 27, a law student and jiujitsu brown belt, assaulted Elaine Perez Caparroz, age 55. The incident occurred in Caparroz’s apartment in Rio de Janeiro. The two had met eight months earlier via social media, and the evening of the incident was the first time they met in person. Neighbors reportedly heard the assault but waited four hours before responding to Caparroz’s shouts for help and calling the police. The victim had a fractured nose and eye sockets and required almost 40 stitches. Serra was arrested for attempted femicide and as of October was in detention awaiting trial.

Each state secretariat for public security operated police stations dedicated exclusively to addressing crimes against women. State and local governments also operated reference centers and temporary women’s shelters, and many states maintained domestic violence hotlines. Despite these protections, allegations of domestic violence were not always treated as credible by police; a study in the state of Rio Grande do Sul found 40 percent of femicide victims had previously sought police protection.

The law requires health facilities to contact police regarding cases in which a woman was harmed physically, sexually, or psychologically and to collect evidence and statements should the victim decide to prosecute.

During the first half of the year, Congress introduced more than 150 bills related to domestic violence and other issues concerning gender equality. The record number of proposals sought to strengthen criminal penalties, prohibit convicted abusers from taking public office or carrying firearms, and criminalize conduct such as stalking and psychological violence. On October 9, President Bolsonaro approved a law that allows authorities to seize firearms registered to those accused of domestic violence.

Sexual Harassment: Sexual harassment is a criminal offense, punishable by up to two years in prison, but it was seldom pursued. A law that went into effect in September 2018 broadens the definition of sexual harassment to include actions performed outside the workplace. NGOs reported sexual harassment was a serious concern, and perpetrators were infrequently held accountable. A study conducted by research institutes Patricia Galvao and Locomotiva with support from Uber found that 97 percent of women had experienced sexual harassment on public transportation, in taxis, or while using a rideshare application.

Sexual harassment was also prevalent at public events such as concerts and during Carnival street festivals. The 2019 Carnival celebration was the first one in which sexual harassment was illegal, and police departments throughout the country distributed rape whistles and informed Carnival-goers of the women-only police stations and the sexual assault hotline.

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

Discrimination: The law provides for the same legal status and rights for women as for men in all circumstances. The government did not enforce the law effectively. According to government statistics, women earned an average 79.5 percent of the wages earned by men. According to the Observatory on Workplace Equality, black women earned 55 percent of the wages earned by white men.

Birth Registration: Citizenship is derived from birth in the country or from birth to a Brazilian citizen parent. Parents are required to register their newborns within 15 days of the birth or within three months if they live more than approximately 20 miles from the nearest notary. Nevertheless, there were many children who did not have birth certificates.

Child Abuse: The law prohibits child abuse and negligence, but enforcement was ineffective.

Early and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental or legal representative consent). In March Congress passed a law prohibiting the marriage of minors younger than 16. Prior to the change in the law, minors younger than 16 could marry with the consent of their parents if they were pregnant or if they had an older sexual partner who was seeking to avoid criminal charges of statutory rape. The practice of early marriage was common. A study of child marriage in the northeastern states of Bahia and Maranhao found that pregnancy was the main motivation for child marriage in 15 of 44 cases. According to 2017 data from UNICEF, among the cohort of women between the ages of 20 and 24, 11 percent were married by age 15 and 36 percent by age 18.

Sexual Exploitation of Children: Sexual exploitation of children, adolescents, and other vulnerable persons is punishable by four to 10 years in prison. The law defines sexual exploitation as child sex trafficking, sexual activity, production of child pornography, and public or private sex shows. The government enforced the law unevenly. The law sets a minimum age of 14 for consensual sex, with the penalty for statutory rape ranging from eight to 15 years in prison.

While no specific laws address child sex tourism, it is punishable under other criminal offenses. The country was a destination for child sex tourism. In addition, girls from other South American nations were exploited in sex trafficking in the country.

The law criminalizes child pornography. The creation of child pornography carries a prison sentence of up to eight years and a fine. The penalty for possession of child pornography is up to four years in prison and a fine. On March 28, a nationwide operation involving more than 1,500 civil police resulted in the arrest of 141 individuals allegedly involved with child pornography. The Federal Police, in coordination with the Ministry of Justice and Public Security, conducted a series of operations to combat child pornography. On May 23, they executed 28 arrest warrants in eight states.

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

According to the Jewish Federation, there were approximately 120,000 Jewish citizens, of whom approximately 50,000 lived in the state of Sao Paulo and 30,000 in the state of Rio de Janeiro.

Several leaders of the Jewish and interfaith communities stated overt anti-Semitism was limited. Jewish leaders reported experiences of anti-Semitism but noted it was more political in nature and stemmed from anti-Zionist sentiment. Small neo-Nazi groups existed in the southern states of Rio Grande do Sul, Santa Catarina, and Parana.

On March 23, a court in Porto Alegre sentenced two male defendants to 13 years in prison and one defendant to 12 years and eight months with the possibility of parole for attempted homicide for their role in a 2005 attack on three men wearing kippahs. One of the defendants was already in prison, and the other two were released and were awaiting a decision by the court of appeals. While this was the most recent reported physical attack in the southern part of the country, neo-Nazi groups maintained an active online presence. Reports of neo-Nazi content from local sources on the internet increased by approximately 50 percent from 2017 to 2018.

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

The law prohibits discrimination against persons with physical and mental disabilities, and the federal government generally enforced these provisions. While federal and state laws mandate access to buildings for persons with disabilities, states did not enforce them effectively.

The Inclusion of Persons with Disabilities Act, a legal framework on the rights of persons with disabilities, seeks to promote greater accessibility through expanded federal oversight of the City Statute (a law intended to foster the safety and well-being of urban citizens, among other objectives). The act also includes harsher criminal penalties for conviction of discrimination based on disability and inclusive health services with provision of services near residences and rural areas.

The National Council for the Rights of Persons with Disabilities and the National Council for the Rights of the Elderly have primary responsibility for promoting the rights of persons with disabilities. The lack of accessible infrastructure and schools significantly limited the ability of persons with disabilities to participate in the workforce.

Civil society organizations acknowledged monitoring and enforcement of disability policies remained weak and criticized a lack of accessibility to public transportation, weak application of employment quotas, and a limited medical-based definition of disability that often excludes learning disabilities.

The law prohibits racial discrimination, specifically the denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets, and it stipulates prison terms for such acts.

Approximately 52 percent of the population identified themselves as belonging to categories other than white. Despite this high representation within the general population, darker-skinned citizens, particularly Afro-Brazilians, encountered discrimination. Afro-Brazilians were underrepresented in the government, professional positions, and middle and upper socioeconomic classes. They experienced a higher rate of unemployment and earned average wages below those of whites in similar positions. There was also a sizeable education gap. Afro-Brazilians were disproportionately affected by crime.

The 2010 Racial Equality Statute continued to be controversial, due to its provision for quota affirmative action policies in education and employment. In 2012 the Supreme Court upheld the constitutionality of racial quota systems at universities. The 2010 law requires 20 percent of federal public administration positions be filled by Afro-Brazilians.

The Ministry of Economy requires government ministries to create internal committees to validate the self-declared ethnicity claims of public-service job applicants by using phenotypic criteria, assessing “blackness” in an attempt to reduce abuse of affirmative action policy and related laws. Universities also had race evaluation committees.

In 2018 the Supreme Court ruled that 20 percent of vacancies for the military services must be filled by Afro-Brazilians, either men or women.

According to data from FUNAI and the 2010 census, there were approximately 897,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages.

The constitution grants the indigenous population broad protection of their cultural patrimony and use of their territory; however, all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Congress must consult with the tribes involved when considering requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands. Despite several proposals, Congress had not approved specific regulations on how to develop natural resources on indigenous territory, rendering any development of natural resources on indigenous territory technically illegal.

NGOs claimed that the lack of regulation along with impunity in cases of illegal land invasions resulted in illegal exploitation of natural resources. According to a report released by the NGO Indigenous Missionary Council (CIMI) in 2018, there were 109 cases of illegal invasions and exploitation of natural resources on 76 indigenous territories in 13 states. In September Human Rights Watch released a report specifically detailing illegal deforestation in the Amazon. The report concluded that illegal deforestation in the Brazilian Amazon region was driven largely by criminal networks that had the logistical capacity to coordinate large-scale extraction, processing, and sale of timber, while deploying armed men to protect their interests. The report documented 28 killings–most of them since 2015–in which evidence indicated the perpetrators were engaged in illegal deforestation and the victims were targeted because they opposed these criminal activities. Victims included environmental enforcement officials, members of indigenous communities, or others who denounced illegal logging to authorities.

Illegal land invasions often resulted in violence and even death. According to the CIMI report, there were 135 killings of indigenous persons in 2018, compared with 110 such cases in 2017. On September 6, Maxciel Pereira dos Santos, a veteran defender of indigenous peoples, was reportedly shot and killed in the remote Amazon town of Tabatinga while riding his motorcycle. Dos Santos worked at FUNAI and had defended indigenous tribes from miners, loggers, farmers, and others seeking to illegally seize land in the Amazon rainforest. As of October, police had not disclosed suspects or a motive, but press reports speculated that dos Santos’ killing was related to his work. On September 21, armed trespassers shot at the same FUNAI base where dos Santos worked; no one was injured.

According to FUNAI, the federal government established rules for providing financial compensation in cases of companies that won development contracts affecting indigenous lands. Illegal logging, drug trafficking, and mining, as well as changes in the environment caused by large infrastructure projects, forced indigenous tribes to move to new areas or make their demarcated indigenous territories smaller than established by law. Various indigenous groups protested the slow pace of land demarcations. In a case that lasted more than 30 years, in 2018 a court ordered the return of 20,000 acres of land to the Pankararu indigenous community in the municipalities of Tacaratu, Petrolandia, and Jatoba in the state of Pernambuco.

The Quilombola population–descendants of escaped African slaves–was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes Quilombola land ownership rights.

In the case of Quilombola leader Nazildo dos Santos Brito, killed in Para State in 2018 following threats he had received after protesting alleged illegal deforestation and pollution, the Para state public prosecutor’s office charged farmer Jose Telmo Zani for paying local residents Marcos Vieira and Raimundo dos Santos to kill Brito. As of January, Zani and Vieira were being held in pretrial detention. Police issued an arrest warrant for dos Santos, who remained at large as of October.

In a landmark decision on June 13, the Supreme Court criminalized homophobia, defined as discrimination based on sexual orientation or gender identity. It is punishable with one to three years’ imprisonment and a fine, or two to five years’ imprisonment and a fine if there is widespread media coverage of the incident. Legislators criticized the move as judicial activism; however, judges countered that Congress’ failure to legislate on the issue was inexcusable and argued they were upholding a right already enumerated in the constitution.

NGOs cited lack of economic opportunity for LGBTI persons as a concern. According to the NGO Grupo Gay da Bahia, 33 percent of companies avoided hiring LGBTI employees and 90 percent of transgender women survived through prostitution because they could find no other employment alternative.

Violence against LGBTI individuals was also a serious concern. The Federal Public Ministry is responsible for registering reports of crimes committed on the basis of gender or sexual orientation but reportedly was slow to respond. As of May 15, there were 141 killings of LGBTI individuals in the year. Transgender individuals were particularly at risk of being the victims of crime or committing suicide. According to the NGO Grupo Gay da Bahia, the risk of a transgender person being killed was 17 times greater than a gay person. According to the National Association of Transvestites and Transsexuals in Brazil, in partnership with the Brazilian Institute of Trans Education, there were 163 killings of transgender persons in 2018. Police arrested suspects in only 9 percent of the cases.

In March Itamar Bernardo da Silva stabbed to death Iasmyn Souza and her transgender partner, Caio Dantas, in Angra dos Reis, in Rio de Janeiro State. Da Silva was a neighbor of the LGBTI couple and attacked the victims after trying to sexually assault Iasmyn, who rejected his advances. Police took da Silva into custody and charged him with double homicide. At the police station, da Silva was also found to have an outstanding arrest warrant for the murder of a woman in Araxa, Minas Gerais State.

Discrimination against persons with HIV/AIDS is punishable by up to four years in prison and a fine. Civil society organizations and the press reported discrimination against persons with HIV/AIDS.

Drug trafficking organizations and other groups contributed to societal violence or discrimination. There was evidence that these organizations participated in vigilante justice, holding “trials” and executing persons accused of wrongdoing. A victim was typically kidnapped at gunpoint and brought before a tribunal of gang members, who then tortured and executed the victim.

In January Josiano Jonatas de Mello was beaten and burned alive by a group of 22 vigilantes in Porto Alegre. According to police, he was “tried and condemned” by a group of drug traffickers in the local community after being accused by his partner of sexually abusing their 12-year-old daughter. As of April police had arrested 16 persons. In Mello’s case the trial and execution were allegedly ordered by the neighborhood gang leader, alias “Godmother,” and her imprisoned husband.

Drug trafficking organizations and other groups also targeted practitioners of traditional Afro-Brazilian religions. In June the Municipal Forum of Afro-Brazilian Religions (FRAB) reported that drug traffickers driven by their religious views intimidated and threatened members and leaders of Afro-Brazilian religions in Campos dos Goytacazes, Rio de Janeiro State. According to FRAB, at least six Afro-Brazilian temples closed in the municipality of Guarus. FRAB also claimed criminals were constantly breaking into temples and preventing Afro-Brazilian religious practitioners from conducting their services at night, leading many to hold services only during daylight hours. Local newspapers reported that a fake Facebook page disseminated false information about Afro-Brazilian temples and believers in Campos dos Goytacazes, accusing them of allying with rival drug gangs, which, according to FRAB, contributed to an increase in the number of incidents of religious intolerance.

In July drug traffickers attacked a candomble (an Afro-Brazilian religious tradition) temple in Duque de Caxias, on the outskirts of Rio de Janeiro. Assailants broke into the temple and forced the religious leader, at gunpoint, to destroy all of the temple’s sacred objects. They also threatened to set fire to the temple if the practitioners did not stop holding religious services there.

In Rio de Janeiro’s favelas, so-called militia groups, often composed of off-duty and former law enforcement officers, reportedly took policing into their own hands. Many militia groups intimidated residents and conducted illegal activities such as extorting protection money and providing pirated utility services. The groups also exploited activities related to the real estate market and the sale of drugs and arms.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for freedom of association for all workers (except members of the military, military police, and firefighters), the right to bargain collectively with some restrictions, and the right to strike. The law limits organizing at the enterprise level. By law the armed forces, military police, and firefighters may not strike. The law prohibits antiunion discrimination, including the dismissal of employees who are candidates for, or holders of, union leadership positions, and it requires employers to reinstate workers fired for union activity.

New unions must register with the Ministry of Economy, which accepts the registration unless objections are filed by other unions. The law stipulates certain restrictions, such as unicidade (in essence, one union per occupational category per city), which limits freedom of association by prohibiting multiple, competing unions of the same professional category in a single geographical area. Unions that represent workers in the same geographical area and professional category may contest registration.

The law stipulates a strike may be ruled “disruptive” by the labor court, and the union may be subjected to legal penalties if the strike violates certain conditions, such as if the union fails to maintain essential services during a strike, notify employers at least 48 hours before the beginning of a walkout, or end a strike after a labor court decision. Employers may not hire substitute workers during a legal strike or fire workers for strike-related activity, provided the strike is not ruled abusive.

The law obliges a union to negotiate on behalf of all registered workers in the professional category and geographical area it represents, regardless of whether an employee pays voluntary membership dues. The law permits the government to reject clauses of collective bargaining agreements that conflict with government policy. A 2017 law includes new collective bargaining rights, such as the ability to negotiate a flexible hourly schedule and work remotely.

Freedom of association and the right to collective bargaining were generally respected. Collective bargaining was widespread in establishments in the private sector. Worker organizations were independent of the government and political parties.

b. Prohibition of Forced or Compulsory Labor

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of labor exploitation. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Economy published a “dirty list” of companies found to have employed forced labor. The list is used by public and private banks to conduct risk assessments, and inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the International Labor Organization (ILO), maintained an online platform that identified hotspots for forced labor. In July the Labor Prosecutor’s Office announced it would start publishing a dirty list of individuals and corporate entities convicted of trafficking in persons and slave labor.

The National Commission to Eradicate Slave Labor was created to coordinate government efforts to combat forced and exploitative labor and provide a forum for input from civil society actors. The commission was eliminated by presidential decree in April and recreated in June. The commission faced new limitations, including two-hour meeting durations that may be extended only in case representatives need to vote. In prior years the commission included 10 representatives from government agencies or ministries and 10 representatives of civil society groups and the private sector, but the commission’s composition was changed to include representatives from the Ministry of Women, Family, and Human Rights; Ministry of Justice and Public Security; Ministry of Economy; Ministry of Civil Rights; and four representatives from civil society and private organizations.

The Ministry of Economy’s Mobile Labor Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and federal police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, raising livestock, and other agricultural activities. Forced labor often involved young men drawn from the less-developed northeastern states–Maranhao, Piaui, Tocantins, and Ceara–and the central state of Goias to work in the northern and central-western regions of the country. In addition, there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, particularly Bolivia, Peru, and Paraguay, while others came from Haiti, South Korea, and China.

Media reported in July that children working in cashew nut processing plants in Rio Grande do Norte suffered acid burns on their hands and lost fingers. In 2018 labor inspectors identified 1,745 cases involving slave labor and issued administrative penalties to 100 employers. Authorities in the state of Alagoas found 87 persons, including 13 children, working in degrading conditions. In December 2018 labor inspectors identified 54 persons, including four minors, working in slavery-like conditions on a soybean farm in Baixa Grande do Ribeiro, Piaui State.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law outlaws all of the worst forms of child labor. Prohibitions against child trafficking for forced labor exploitation require the use of threats, violence, coercion, fraud, or abuse to be established for the crime of child trafficking, which does not meet international standards. The minimum working age is 16, and apprenticeships may begin at age 14. The law bars all minors younger than 18 from work that constitutes a physical strain or occurs in unhealthy, dangerous, or morally harmful conditions. Hazardous work includes an extensive list of activities within 13 occupational categories, including domestic service, garbage scavenging, and fertilizer production. The law requires parental permission for minors to work as apprentices.

The Ministry of Economy’s Special Mobile Inspection Group is responsible for inspecting worksites to enforce child labor laws. Penalties were insufficient to deter violations. Most inspections of children in the workplace were driven by complaints brought by workers, teachers, unions, NGOs, and media. Due to legal restrictions, labor inspectors remained unable to enter private homes and farms, where much of the child labor allegedly occurred. The government did not effectively enforce the law.

The Special Mobile Inspection Group removed 27 children from child labor in the first six months of the year, which approached the total removed in all of the 2018 inspections against slavery-like work in the country. In one operation in Minas Gerais, inspectors found a 16-year-old boy who weighed less than 90 pounds and was carrying five bags of fresh coffee a day from coffee plantations on a sloping terrain high in a mountainous region. Each bag can weigh as much as 175 pounds. During the operation, inspectors issued 78 infractions to the companies, which were required to pay fines of R$15,860 ($3,970) in back wages and R$14,600 ($3,650) for individual moral damages to minors removed from the situation.

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

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination on the basis of race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Economy implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, and career advancement, the law was not enforced, and discrimination existed.

e. Acceptable Conditions of Work

The law provides for a minimum wage. The minimum wage was greater than the official poverty income level. According to the Brazilian Institute of Geography and Statistics (IBGE), however, in 2016 the per capita income of approximately 40 percent of workers was below the minimum wage. IBGE data also indicated 6.8 percent of workers (12.9 million) were considered “extremely poor” or earning less than R$70 ($17.50) per month. The Ministry of Economy verified enforcement of minimum wage laws as part of regular labor inspections. Penalties alone were not sufficient to deter violations.

The law limits the workweek to 44 hours and specifies a weekly rest period of 24 consecutive hours, preferably on Sundays. The law also provides for paid annual vacation, prohibits excessive compulsory overtime, limits overtime to two hours per workday, and stipulates that hours worked above the monthly limit must be compensated with at least time-and-a-half pay; these provisions generally were enforced for all groups of workers in the formal sector. The constitution also provides for the right of domestic employees to work a maximum of eight hours of per day, a maximum of 44 hours’ work per week, a minimum wage, a lunch break, social security, and severance pay.

The Ministry of Economy sets occupational, health, and safety standards that are consistent with internationally recognized norms, although unsafe working conditions were prevalent throughout the country, especially in construction. The law requires employers to establish internal committees for accident prevention in workplaces. It also provides for the protection of employees from being fired for their committee activities. Workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment, although those in forced labor situations without access to transportation were particularly vulnerable to situations that endangered their health and safety.

The Ministry of Economy addressed problems related to acceptable conditions of work such as long workdays and unsafe or unhygienic work conditions. Penalties for violations include fines that vary widely depending on the nature of the violation. Fines were generally enforced and were sometimes sufficient to deter violations. The National Labor Inspection School held various training sessions for labor inspectors throughout the year. The number of labor inspectors was insufficient to deter violations.

According to the IBGE, in 2018, 33.3 million persons were employed in the formal sector (excluding domestic workers). The IBGE also reported 11.5 million persons were working in the informal economy and 23.8 million were self-employed.

Chile

Executive Summary

Chile is a constitutional multiparty democracy. In 2017 the country held presidential elections and concurrent legislative elections, which observers considered free and fair. Former president (2010-14) Sebastian Pinera won the presidential election and took office in March 2018.

The Carabineros and the Investigative Police have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior and Public Security oversees both forces. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included reports of arbitrary or unlawful killings; torture by law enforcement officers; violence against lesbian, gay, bisexual, transgender, and intersex persons; and violence against indigenous persons.

The government took steps to investigate and prosecute officials who allegedly committed abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected 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, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.

In August reports emerged that the Army Intelligence Directorate wiretapped investigative journalist Mauricio Weibel, who was researching alleged corruption in the army, as well as four active or retired officers suspected of leaking documents to him. The directorate’s leadership stated the wiretaps were authorized by judicial authorities in 2016 and 2017, citing “national security” concerns. Both an internal army investigation and a congressional inquiry were launched. The investigations continued as of November.

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

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

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected those rights.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees, including access to education and health care.

Durable Solutions: In 2018 the government announced a Democratic Responsibility visa for Venezuelans fleeing the humanitarian crisis in Venezuela. In June the government halted visa-free entry for nonimmigrant Venezuelans. Under the government’s immigration reform, the Democratic Responsibility Visa is the primary means for Venezuelans to work or establish legal residency in Chile. In 2018 the government began facilitating the voluntary repatriation of more than 1,200 Haitians to Port-au-Prince under its Humanitarian Plan for Orderly Returns program. Haitians wishing to participate must sign a declaration that they will not return to Chile within nine years of departing.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: The country held concurrent presidential and legislative elections in November 2017, both of which observers considered free and fair. The center-right candidate, Sebastian Pinera, won the December 2017 runoff election against the center-left independent candidate Senator Alejandro Guillier.

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

The Mapuche minority group, which represents approximately 9 percent of the population, has historically been underrepresented in government. In 2017 two candidates from the Mapuche indigenous group were elected to congress–one to the 43-seat Senate and one to the 155-seat Chamber of Deputies (see section 6, Ethnic Minorities).

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: Two former commanders in chief of the army, Humberto Oviedo and Juan Miguel Fuente-Alba, were arrested and charged with corruption. The two were alleged to have embezzled or misappropriated more than eight billion pesos (CLP) ($11.5 million) during their terms in command of the army (2010-18). They were the highest-ranking officers to be charged in a large-scale criminal investigation that, according to the National Prosecutor’s Office, involved nearly 600 current or former officers suspected of misappropriation of funds as of November 2018. The investigation and related criminal prosecutions continued as of October.

On September 6, the Public Ministry announced additional charges against former director general of the Carabineros Eduardo Gordon, increasing the amount of funds he allegedly misappropriated to CLP 70 million ($96,000), up from the CLP 21 million ($30,000) originally announced in 2018. The charges stemmed from alleged misappropriation of representational expenses for personal use during Gordon’s time as director general of the Carabineros in 2010 and 2011. As of October the investigation was in progress.

Financial Disclosure: Law and regulation require income and asset disclosure by appointed and elected officials. Declarations are made available to the public, and there are administrative sanctions for noncompliance.

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

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

Government Human Rights Bodies: The National Institute for Human Rights (INDH) operated independently and effectively, issued public statements and an annual report, and proposed changes to government agencies or policies to promote and protect human rights. The government enacted legislation designating the INDH as the country’s National Preventive Mechanism against Torture under the Optional Protocol to the UN Convention against Torture.

The Senate and Chamber of Deputies have standing human rights committees responsible for drafting human rights legislation.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. Penalties for rape range from five to 15 years’ imprisonment, and the government generally enforced the law when violations were reported.

The law criminalizes both physical and psychological domestic violence and protects the privacy and safety of the victim making the charge of rape or domestic violence.

Family courts handle cases of domestic violence and penalize offenders with fines up to CLP 720,000 ($1,065). Additional sanctions include eviction of the offender from the residence shared with the survivor, restraining orders, confiscation of firearms, and court-ordered counseling. Cases of habitual psychological abuse and physical abuse cases in which there are physical injuries are prosecuted in the criminal justice system. Penalties are based on the gravity of injuries and range from 61 days’ to 15 years’ imprisonment. Murder in the context of domestic violence is defined as femicide in the criminal code, and penalties range from 15 years to life in prison. The government generally enforced the laws against domestic violence effectively.

The Ministry of Women and Gender Equality ran a victims’ assistance and protection program that operated psychological, legal, and social assistance centers and shelters throughout the country and maintained an emergency hotline.

Sexual Harassment: Workplace sexual harassment is not a criminal offense, with penalties outlined exclusively in the labor code. By law sexual harassment in the workplace is cause for immediate dismissal from employment. The law requires employers to define internal procedures, or a company policy, for investigating sexual harassment, and employers may face fines and additional financial compensation to victims if it is shown the company policy on sexual harassment was not followed. The law provides protection to those affected by sexual harassment by employers and coworkers. The law provides severance pay to individuals who resign due to sexual harassment if they have completed at least one year with the employer.

On May 3, a law modifying the criminal code to define sexual harassment in public spaces as a crime went into effect. The law defines any verbal or gesticular act of a sexual nature designed to intimidate or humiliate another person as harassment, and it includes audiovisual recordings of an individual’s genital area or private parts without consent. Depending on the severity of the crime, sentences can range from 61 days’ to five years’ imprisonment and fines up to 20 UTM (an indexed amount, updated monthly) (approximately $1,400 as of November).

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

Discrimination: Although women possess most of the same legal rights as men, the government did not enforce the law effectively, and discrimination in employment, pay, ownership and management of businesses, and education persisted. Certain laws defining the marital relationship enable discrimination. The default and most common marital arrangement is “conjugal society,” which provides that a husband has the right to administer joint property, including his wife’s property, without consultation or written permission from his spouse, but a wife must demonstrate that her husband has granted his permission before she is permitted to make financial arrangements. Legislation remained pending years after a 2007 agreement with the Inter-American Commission on Human Rights to modify the conjugal society law to give women and men equal rights and responsibilities in marriage. The commercial code provides that, unless a woman is married under the separate-estate regime or a joint-estate regime, she may not enter into a commercial partnership agreement without permission from her husband, while a man may enter into such an agreement without permission from his wife.

Despite a law providing for equal pay for equal work, the average woman’s annual income was 32 percent less than that of men, according to the Ministry of Women and Gender Equality. The ministry is in charge of protecting women’s legal rights and is specifically tasked with combatting discrimination against women.

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents or grandparents. There were no reports that birth registration was denied on a discriminatory basis.

Child Abuse: There are laws against child abuse, but it remained a persistent problem. The law renders persons convicted of child sexual abuse permanently ineligible for any position, job, career, or profession in educational settings requiring direct and habitual contact with children younger than age 18. The law also includes a public registry of these sex offenders.

As part of the 2018 National Agreement on Childhood, the government opened the second Local Office for Children’s Affairs in the northern city of Iquique in the Tarapaca Region in March. The first office in the pilot program opened in the Florida municipality of greater Santiago in 2018, and 10 additional offices were tentatively planned across the country. The centers coordinated access to local services and benefits for children and adolescents and the activation and resolution of vulnerability alerts through the Childhood Alert System.

Early and Forced Marriage: The legal minimum age of marriage is 18 (16 with parental consent).

Sexual Exploitation of Children: Commercial sexual exploitation of children and adolescents was a problem, and children were victims of sex trafficking with and without third-party involvement. Children were also used in the production of pornography. The law prohibits all forms of human trafficking, prescribing penalties ranging from five years and one day to 15 years in prison, plus fines, for trafficking offenses. Nevertheless, child sex-trafficking cases were often prosecuted under a different law, Article 367 of the penal code, which provides lesser penalties. Due to sentencing guidelines for first-time offenders that provide automatic parole for any sentence of less than five years’ confinement, many convicted traffickers were given weak and inadequate sentences, which hampered efforts to deter and hold traffickers accountable.

Heterosexual sexual relations with minors between the ages of 14 and 18 may be considered statutory rape depending on the circumstances; sex with a child younger than age 14 is considered rape, regardless of consent or the victim’s gender. Penalties for statutory rape range from five to 20 years in prison. Child pornography is a crime. Penalties for producing child pornography range from 541 days to five years in prison.

Institutionalized Children: Following the 2016 death of 11-year-old Lissette Villa in a group home run by the National Service for Minors (SENAME), a number of investigations uncovered systemic problems of abuse and neglect. In July, Deputy (member of congress) Rene Saffirio accused the Ministry of Justice of concealing an investigative report drafted by the Investigative Police in 2018 that surveyed administrative records of all 240 SENAME residential facilities nationwide in the areas of adoption, protective services, and juvenile justice. The survey found that 45 percent of the facilities did not comply with minimum SENAME standards, 73 percent lacked guidelines and preventive procedures on children’s suicides, 77 percent did not have guidelines to deal with behavioral incidents, and 72 percent lacked procedures in case of children’s deaths. Of the centers, 58 percent, including all of those administered directly by SENAME, reported incidents of physical, psychological, or sexual abuse by staff members responsible for the children’s care. The National Prosecutor’s Office claimed it was validating the study’s methodology before forwarding it to the Minister of Justice. The National Advocate for Children’s Rights announced that it sent a copy of the study to the UN Committee on the Rights of the Child on July 4.

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

The Jewish community numbers approximately 18,000 persons. Jewish community leaders reported concern over the tone of social media postings they perceived as threatening. The commentary leaders found offensive primarily referenced frustration with Israeli government policies and did not specifically mention either Jewish individuals or Chilean Jews.

During widespread social unrest in October and November, the Jewish cemetery in Santiago and Jewish-owned businesses in Concepcion were vandalized with anti-Semitic graffiti, and vandals threw Molotov cocktails at the main synagogue in Concepcion.

In December 2018 the Jewish Community of Chile successfully sued to block a municipal law in Valdivia that would have associated the city with the “Boycott, Divestment, and Sanctions (BDS)” movement. The court ruled municipalities do not have the legal authority to conduct foreign relations and that all public tenders must be guaranteed “equal and nondiscriminatory treatment” under the law.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government mostly enforced these provisions. Persons with disabilities suffered forms of de facto discrimination. The law provides for universal and equal access to buildings, information, and communications. Most public buildings did not comply with legal accessibility mandates. The public transportation system, particularly outside Santiago, did not adequately provide accessibility for persons with disabilities. In recent years, however, the Metropolitan Mobility Network, the main system of public transportation within Santiago, instituted changes to improve compliance with the law, including new ramp systems and elevators at certain metro stations, as well as improved access to some buses. Nevertheless, many metro stations and most buses remained inaccessible to persons with physical disabilities.

The Ministry of Social Development’s National Service for the Disabled (SENADIS) reported that children with disabilities attended mainstream public primary and secondary school but noted difficulties in ensuring equal access to schooling at private institutions. SENADIS also reported that persons with disabilities had fewer opportunities to continue their education beyond secondary school. According to a 2016 study by SENADIS, persons with disabilities on average had less formal education, lower workforce participation and employment rates, and lower average salaries than the general population. Persons considered to have severe disabilities were especially likely to be excluded from the workforce.

Equal treatment and nondiscrimination are explicitly protected in the constitution, and the labor code specifically prohibits discrimination. In its 2017 annual report, the INDH published survey results regarding racial discrimination, in which 76 percent of those surveyed reported having witnessed discriminatory actions against immigrants, most of whom were from other Latin American countries or from the Caribbean, including Afro-descendants. There were reports of discrimination against racial minorities and immigrants in the public-health and education systems. The government implemented training programs for public officials on assisting immigrants, incorporated interpreters into offices, and provided information in languages other than Spanish, specifically Haitian Creole. Several municipal governments implemented plans for assistance to migrants in public services.

Although the constitution does not specifically protect indigenous groups, indigenous peoples have the right to participate in decisions affecting their lands, cultures, and traditions, including the exploitation of energy, minerals, timber, or other natural resources on indigenous lands. In its annual report on human rights, the University of Diego Portales reported indigenous peoples encountered serious obstacles to exercising these civil and political rights, including the right to use natural resources in their territories, to political participation, and to nondiscrimination and equal access to justice. Indigenous persons experienced societal discrimination, including in employment; there were reports of incidents in which they were attacked and harassed. In its 2017 annual report, the INDH published racial discrimination survey results, in which between 65 and 83 percent of citizens reported agreeing with a series of discriminatory statements regarding indigenous groups.

There were numerous reports of police abuse against Mapuche individuals and communities, including against children. The INDH brought petitions to protect the constitutional rights of Mapuche individuals, including children and adolescents, in cases of excessive use of force by security forces. Amnesty International’s annual report reiterated there were continuing reports of excessive use of force and arbitrary detention during police operations in Mapuche communities.

In November 2018 Carabineros forces shot and killed Camilo Catrillanca, a Mapuche community leader in Temucuicui in the southern Araucania Region, causing widespread protests. Four officers were arrested, and two senior officials resigned, when it was revealed the Carabineros had lied in their initial reports of the incident and destroyed video evidence showing the victim was unarmed and was shot in the back. A 15-year-old boy who witnessed the shooting was arrested and allegedly beaten in custody; his arrest was later declared illegal. The trial of eight persons (seven Carabineros officers and one civilian employee) accused of criminal charges including homicide, attempted homicide, and obstruction of justice in the case was scheduled to begin in November.

Indigenous lands are demarcated, but some indigenous Mapuche and Rapa Nui communities demanded restitution of privately and publicly owned traditional lands.

The law recognizes nine indigenous groups in the country and creates an administrative structure to provide specialized programs and services to promote economic, social, and cultural development of these peoples.

The law sets the age of consent at 18 for consensual same-sex sexual activity; heterosexual activity is permitted, under some circumstances, at age 14. Antidiscrimination laws exist and prohibit discrimination based on sexual orientation or gender identity in housing, employment, and access to government services. The government generally enforced these labor laws effectively. In March the Movement for Homosexual Integration and Liberation (MOVILH), a leading gay rights NGO, reported it tracked 698 cases of discrimination due to sexual orientation or gender identity during 2018, the highest number in the history of their annual report and a 44 percent increase over 2017, including an increase of 217 percent in discrimination against transgender individuals. The most common discriminatory acts reported to MOVILH were verbal abuse and discrimination in the public services, such as police operations, public education, and health services.

Violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals continued. In October police arrested Alberto Faundez on suspicion of theft. Upon discovering that he was gay, police allegedly physically assaulted him in the detention center, forced him to strip naked in front of other prisoners, and subjected him to homophobic insults. MOVILH and the INDH filed legal actions protesting the treatment.

The case continued against police for arbitrary detention and cruel, inhuman, and degrading treatment in a 2018 incident. In June 2018, on the night of Santiago’s Pride Parade, MOVILH reported that its founder, LGBTI activist Rolando Jimenez, was subjected to verbal and physical abuse and arbitrarily arrested for defending a same-sex couple being subjected to verbal discrimination, harassment, and physical abuse by Carabineros. Jimenez was charged with attacking a police officer and making death threats, as well as with theft of the officer’s watch. MOVILH alleged the accusations were false and that Jimenez was attacked because he had been a constant critic of alleged homophobic actions by Police Precinct Number One. In August, Jimenez publicly reconciled with Carabineros General Director Mario Rozas, who apologized for the incident and promised an internal investigation.

Law enforcement authorities appeared reluctant to use the full recourse of a 2012 antidiscrimination law, including charging assailants of LGBTI victims with a hate crime, which would elevate criminal penalties as permitted under the law.

On August 29, after formal review by the comptroller general, the Official Register published implementing regulations for the Gender Identity Law enacted in 2018. The law grants transgender citizens, starting at age 14, the ability to change gender markers on government-issued identity documents, including national identity cards and university diplomas, to reflect their gender identity. The law was scheduled to go into effect on December 27. MOVILH estimated that a large portion of the increase in discrimination cases registered in 2018 came in response to the passage of this law.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, with some limitations, to form and join independent unions of their choice, bargain collectively, and conduct strikes. The law also prohibits antiunion practices and requires either back pay or reinstatement for workers fired for union activity.

Workers in the private sector and in state enterprises are provided the freedom to unionize without prior approval. Police, military personnel, and civil servants working for the judiciary are prohibited from joining unions. Union leaders are restricted from being candidates or members of congress. The Directorate of Labor (DT), an independent government authority under the Ministry of Labor, has broad powers to monitor unions’ financial accounts and financial transactions. For example, unions must update their financial records daily, and ministry officials may inspect the records at any time.

The law prohibits public employees from striking, although they frequently did. While employees in the private sector and workers in formal and regulated collective bargaining units have the right to strike, the law places some restrictions on this right. For example, an absolute majority of workers, rather than a majority of those voting, must approve strikes. The law also prohibits employees of 101 private-sector companies, largely providers of services such as water and electricity, from striking, and it stipulates compulsory arbitration to resolve disputes in these companies. In addition workers employed by companies or corporations whose stoppage would cause serious damage to the health, economy, or security of the country do not have the right to strike.

Employers may not dismiss or replace employees involved in a strike. Unions must provide emergency personnel to fulfill the company’s “minimum services.” Those include the protection of tangible assets and of the company’s facilities, accident prevention, service of the population’s basic needs, ensuring the supply of essential public services, and ensuring the prevention of environmental and sanitary damages.

The law extends unions’ rights to information, requiring large companies to disclose annual reports including balance sheets, statements of earnings, and audited financial statements. Large companies must provide any public information required by the Superintendence of Securities and Insurance within 30 days following the date when the information becomes available. Smaller companies must provide information necessary for the purposes of preparing the collective bargaining process.

While the law prior to the 2017 labor reform provided for collective bargaining rights only at the company level, the reform extended such rights to intercompany unions, provided they represent workers at employers having 50 or more employees and falling within the same economic rubric or activity. An absolute majority of all covered workers must indicate through secret ballot vote that they agree to be represented by an intercompany union in collective bargaining. Intercompany unions for workers at micro or small businesses (i.e., with fewer than 50 workers) are permitted to bargain collectively only when the individual employers all agree to negotiate under such terms. The law does not provide for collective bargaining rights for workers in public institutions or in a private institution that receives more than 50 percent of its funding from the state in either of the preceding two years, or whose budget is dependent upon the Defense Ministry. It also does not provide for collective bargaining in companies whose employees are prohibited from striking, such as in health care, law enforcement, and public utilities. Whereas the previous labor code excluded collective bargaining rights for temporary workers or those employed solely for specific tasks, such as in agriculture, construction, ports, or the arts and entertainment sector, the revised labor standards eliminate these exclusions, extending bargaining rights to apprentices and short-term employees. Executives, such as managers and assistant managers, are prohibited from collective bargaining.

The government generally enforced labor laws effectively. Nevertheless, the DT commented on the need for more inspectors. Penalties were not sufficient to deter violations. Companies are generally subject to sanctions for violations to the labor code, according to the severity of each case. Companies may receive “special sanctions” for infractions, which include antiunion practices. NGOs reported cases in labor tribunals took an average of three months to resolve. Cases involving fundamental rights of the worker often took closer to six months. NGOs continued to report it was difficult for courts to sanction companies and order remedies in favor of workers for various reasons, including if a company’s assets were in a different name or the juridical entity could not be located.

Freedom of association was generally respected. Employers sometimes did not respect the right to collective bargaining. According to Freedom House, the IndustriALL Global Union, and the International Trade Union Confederation, antiunion practices, including a threat of violence, continued to occur. In addition NGOs and unions indicated that penalties for violations of freedom of association and collective bargaining laws were insufficient to deter violations, especially in large companies. NGOs and unions reported that companies sought to inhibit the formation of unions and avoid triggering collective bargaining rights, especially among seasonal agricultural workers and in key export sectors such as mining, forestry, and fishing, by using subcontracts and temporary contracts as well as obtaining several fiscal registration or tax identification numbers when increasing the size of the workforce. In addition subcontracted employees earned lower wages than regular employees performing the same task, and many contractors failed to provide formal employment benefits, such as social security, health care, and pensions.

Labor courts can require workers to resume work upon a determination that a strike, by its nature, timing, or duration, causes serious risk to the national economy or to health, national security, and the supply of goods or services to the population. Generally, a back-to-work order should apply only when a prolonged strike in a vital sector of the economy might endanger public safety or health, and it should apply only to a specific category of workers.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. The government generally enforced the law effectively. Penalties were sufficiently stringent to deter violations. NGOs reported many government officials responsible for identifying and assisting victims had limited resources and expertise to identify victims of labor trafficking. In addition, judges often suspended or commuted sentences. The government worked to prevent and combat forced labor through its interagency antitrafficking taskforce, which included international organizations and local NGOs. The task force published and began implementation of a new national action plan (2019-22).

Labor trafficking continued to occur. Some foreign citizens were subjected to forced labor in the mining, agriculture, domestic service, and hospitality sectors. Some children were forcibly employed in the drug trade (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The country conforms to international standards, which dictate the minimum age for employment or work should be no less than 15 years. The law sets the minimum age for employment at 18, although it provides that children between 15 and 18 may work with the express permission of their parents or guardians as long as they attend school. They may perform only light work that does not require hard physical labor or constitute a threat to health or the child’s development. The law prohibits all of the worst forms of child labor.

Ministry of Labor inspectors effectively enforced regulations in the formal economy but did not inspect or enforce such regulations in the informal economy. Infractions included contracting a minor younger than age 18 without the authorization of the minor’s legal representative, failure to register a minor’s contract with the ministry, and contracting a minor younger than 15 for activities not permitted by law. Penalties and inspections were not sufficient to deter violations that mostly occurred clandestinely or in the informal economy.

The government devoted considerable resources and oversight to child labor policies. With accredited NGOs, SENAME operated programs to protect children in vulnerable situations. SENAME, in coordination with labor inspectors, identified and assisted children in abusive or dangerous situations. SENAME continued to work with international institutions, such as the International Labor Organization (ILO), and with other ministries to conduct training on identifying and preventing the worst forms of child labor. SENAME also implemented public education programs to raise awareness and worked with the ILO to operate rehabilitation programs for children withdrawn from child labor.

Multisector government agencies continued to participate in the National Advisory Committee to Eradicate Child Labor. The committee met regularly throughout the year and brought together civil society organizations and government agencies in a coordinated effort to raise awareness, provide services to victims, and protect victims’ rights. The Worst Forms of Child Labor Task Force, a separate entity, maintained a registry of cases and a multisector protocol for the identification, registration, and care of children and adolescents who are victims of commercial sexual exploitation. The National Tourism Service’s hotel certification procedures, developed in collaboration with SENAME, included strict norms for preventing the commercial sexual exploitation of children. This included special training for National Tourism Service staff charged with assessing and certifying hotels.

Child labor continued to be a problem in the informal economy and agriculture, primarily in rural areas. Higher numbers of violations occurred in the construction, industrial manufacturing, hotels and restaurants, and agriculture sectors.

In urban areas it was common to find boys carrying loads in agricultural loading docks and assisting in construction activities, while girls sold goods on the streets and worked as domestic servants. Children worked in the production of ceramics and books and in the repair of shoes and garments. In rural areas children were involved in caring for farm animals as well as in harvesting, collecting, and selling crops, such as wheat. The use of children in illicit activities, which included the production and trafficking of narcotics, continued to be a problem. Commercial sexual exploitation of children also continued to be a problem (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race, sex, age, civil status, union affiliation, religion, political opinion, nationality, national extraction, social origin, disability, language, sexual orientation, or gender identity, HIV-positive status or other communicable diseases, refugee or stateless status, ethnicity or social status. The government and employers do not discriminate on the basis of refugee, stateless status, or ethnicity, but workers must have a work permit or be citizens to hold contracted jobs. The law also provides civil legal remedies to victims of employment discrimination based on race, ethnicity, nationality, socioeconomic situation, language, ideology or political opinion, religion or belief, association or participation in union organizations or lack thereof, gender, sexual orientation, gender identification, marriage status, age, affiliation, personal appearance, and sickness or physical disability. A 2017 law addresses matters related to persons with disabilities. For all public agencies and for private employers with 100 or more employees, the law requires 1 percent of jobs be reserved for persons with disabilities.

The government effectively enforced applicable laws and regulations prohibiting employment discrimination. Authorities generally enforced the law in cases of sexual harassment, and there was no evidence of police or judicial reluctance to act. Companies may receive “special sanctions” for infractions such as denying maternity leave. Such penalties were generally sufficient to deter violations. Nevertheless, discrimination in employment and occupation continued to occur. Persons with disabilities often faced discrimination in hiring; they constituted approximately 7.6 percent of the working-age population but only 0.5 percent of the workforce. Indigenous persons continued to experience societal discrimination in employment. Statistics regarding rates of discrimination faced by different groups were not available.

e. Acceptable Conditions of Work

As of November 2018 the national minimum wage exceeded the poverty level. The law sets the legal workweek at six days or 45 hours. The maximum workday is 10 hours (including two hours of overtime pay), but the law provides exemptions for hours of work restrictions for some categories of workers, such as managers; administrators; employees of fishing boats; restaurant, club, and hotel workers; drivers; airplane crews; telecommuters or employees who work outside of the office; and professional athletes. The law mandates at least one 24-hour rest period during the workweek, except for workers at high altitudes, who may exchange a work-free day each week for several consecutive work-free days every two weeks. Annual leave for full-time workers is 15 workdays, and workers with more than 10 years of service are eligible for an additional day of annual leave for every three years worked. Overtime is considered to be any time worked beyond the 45-hour workweek, and workers are due time-and-a-half pay for any overtime performed.

The law establishes occupational safety and health standards, which are applicable to all sectors. Special safety and health norms exist for specific sectors, such as mining and diving. The National Service for Geology and Mines is further mandated to regulate and inspect the mining industry. The law does not regulate the informal sector. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

The DT is responsible for enforcing minimum wage and other labor laws and regulations, and it did so effectively in the formal economy. The Ministries of Health and Labor administered and effectively enforced occupational safety and health standards. The law establishes fines for noncompliance with labor regulations, including for employers who compel workers to work in excess of 10 hours a day or do not provide adequate rest days. Companies may receive “special sanctions” for infractions such as causing irreversible injuries to an employee. An estimated 28 percent of the nonagricultural labor force worked in the informal sector, according ILO data from 2017. Workers in the informal economy were not effectively protected in regard to wages or safety.

The DT did not employ a sufficient number of labor inspectors to enforce labor laws effectively throughout the country, particularly in remote areas. NGOs commented that inspectors and labor tribunal judges needed more training and that a lack of information and economic means generated an inequality between parties in cases before the tribunals. Penalties were not sufficient to deter violations, especially with larger employers. The DT worked preventively with small and medium-sized businesses to assist in their compliance with labor laws.

Minimum wage violations were most common in the real estate and retail sectors. The sectors with the most infractions in safety and health standards were construction, retail, and industrial manufacturing. The service sector experienced the most accidents during the year. Immigrant workers in the agricultural sector were the group most likely to be subject to exploitative working conditions. According to ILO data, in 2018 there were 3.1 fatal and 3,142 nonfatal occupational injuries per 100,000 workers.

Colombia

Executive Summary

Colombia is a constitutional, multiparty republic. Presidential and legislative elections were held in 2018. In June 2018, voters elected Ivan Duque Marquez president in a second round of elections that observers considered free and fair and the most peaceful in decades.

The Colombian National Police (CNP) force is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense. The Migration Directorate, part of the Ministry of Foreign Affairs, is the immigration authority. The CNP shares law enforcement investigatory duties with the attorney general’s Corps of Technical Investigators. In addition to its responsibility to defend the country against external threats, the army shares limited responsibility for law enforcement and maintenance of order within the country. For example, military units sometimes provided logistical support and security for criminal investigators to collect evidence in high-conflict or remote areas. Civilian authorities generally maintained effective control over security forces.

Significant human rights issues included: reports of unlawful or arbitrary killings; reports of torture and arbitrary detention by both government security forces and illegal armed groups; criminalization of libel; widespread corruption; rape and abuse of women and children by illegal armed groups; violence and threats of violence against human rights defenders and social leaders; violence against and forced displacement of Afro-Colombian and indigenous persons; violence against lesbian, gay, bisexual, transgender, and intersex persons; forced child labor; and killings and other violence against trade unionists.

The government took steps to investigate, prosecute, and punish officials who committed human rights abuses, although some cases experienced long delays that raised concerns about accountability.

The National Liberation Army (ELN) perpetrated armed attacks across the country during the year, including a car bomb attack on a police academy in Bogota that killed 22 persons. Other illegal armed groups, including dissidents of the Revolutionary Armed Forces of Colombia (FARC) and drug-trafficking gangs, continued to operate. Illegal armed groups, as well as narcotics traffickers, were significant perpetrators of human rights abuses and violent crimes and committed acts of extrajudicial and unlawful killings, extortion, and other abuses, such as kidnapping, torture, human trafficking, bombings and use of landmines, restriction on freedom of movement, sexual violence, recruitment and use of child soldiers, and intimidation of journalists, women, and human rights defenders. The government investigated these actions and prosecuted those responsible to the extent possible.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Violence and harassment, as well as the criminalization of libel, inhibited freedom of the press, and the government frequently influenced the press, in part through its large advertising budgets. The independent media were active and expressed a wide variety of views without restriction.

Violence and Harassment: According to the domestic NGO Foundation for Press Freedom (FLIP), through August 16, there were 83 threats against journalists and 250 incidents of violence or harassment. FLIP also reported that between January and August, no journalists were illegally detained and 21 were physically assaulted. One was ordered detained for failure to comply with a protective order related to a defamation case, but the detention order was never enforced. According to FLIP, there were three convictions for threats against journalists through September.

As of June 30, the NPU provided protection services to 162 journalists. Some NGOs raised concerns about perceived shortcomings in the NPU, such as delays in granting protection and the appropriateness of measures for addressing specific threats.

Censorship or Content Restrictions: FLIP alleged some journalists practiced self-censorship due to fear of being sued under libel laws or of being physically attacked, mostly by nongovernment actors. FLIP asserted that the high degree of impunity for those who committed aggressions against journalists was also a factor.

Libel/Slander Laws: By law slander and libel are crimes. There is no specific law against slandering public officials, and the government did not use prosecution to prevent media outlets from criticizing government policies or public officials. Political candidates, businesspersons, and others, however, publicly threatened to sue journalists for expressing their opinions, alleging defamation or libel. FLIP reported one defamation case filed against a journalist during the year.

Nongovernmental Impact: Members of illegal armed groups inhibited freedom of expression by intimidating, threatening, kidnapping, and killing journalists. National and international NGOs reported local media representatives regularly practiced self-censorship because of threats of violence from these groups. For example, NGOs reported on the June killing of Libardo Montenegro, a reporter for the community radio station in Samaniego, Narino. No arrests were made, but NGOs reported the killing might have been a response to Montenegro’s coverage of drug-related violence in the region. In August, five journalists in Valle de Cauca received threats via text message after reporting on power cuts to municipalities in the area. Those responsible for the threats were unknown.

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. Due to the general climate of impunity and violence in some areas, self-censorship occurred both online and offline, particularly within rural communities.

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

b. Freedoms of Peaceful Assembly and Association

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

The law provides for the freedom of peaceful assembly, and the government generally respected this right. Some NGOs alleged that riot police (Esmad) used excessive force to break up demonstrations.

On January 1, the National Police issued a directive to govern their response to demonstrations. NGOs and press reports alleged the directive had not been entirely effective in managing protests peacefully, citing the use of police force during university protests in September. Human rights groups and NGOs also alleged the Esmad used excessive force to suppress protests by indigenous groups in March and April. Indigenous communities joined together to hold sustained protests (known as a minga) that closed highways as they called for increased government attention to address violence against social leaders, implement the 2016 peace accord, and fulfill agreements reached with indigenous communities after two months of strikes in late 2018.

In November student groups, labor unions, and human rights activists engaged in mostly peaceful protests throughout the country, advocating for changes to the government’s social and economic policies. Some NGOs and media reports accused security forces of using excessive force after protests turned violent, and media outlets reported that the Attorney General’s Office opened 11 investigations involving the Esmad resulting from the protests in Bogota.

The law provides for the freedom of association, and the government generally respected this right. Freedom of association was limited, however, by threats and acts of violence committed by illegal armed groups against NGOs, indigenous groups, and labor unions.

Although the government does not prohibit membership in most political organizations, membership in organizations that engaged in rebellion against the government, espoused violence, or carried out acts of violence, such as FARC dissidents, the ELN, and other illegal armed groups, was against the law.

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although there were exceptions. Military operations and insecurity in certain rural areas restricted freedom of movement.

In-country Movement: The government required asylum seekers and individuals without regularized migration status to have salvaconductos (safe passage documents) to travel throughout the country. Organized-crime gangs, ELN guerrillas, and other illegal armed groups continued to establish illegal checkpoints on rural roads.

International and civil society organizations also reported that illegal armed groups confined rural communities through roadblocks, curfews, car bombs at egress routes, and improvised explosive devices in areas where illicit crop cultivation and narcotics trafficking persisted. According to the UN Office for the Coordination of Humanitarian Affairs, between January and August, more than 342,000 persons faced mobility restrictions that limited their access to essential goods and services due to armed incidents and geographical factors.

There were approximately 7.8 million internally displaced persons (IDPs) in the country, largely a result of the armed conflict. Threats posed by illegal armed groups drove internal displacement in remote areas as well as urban settings. In some areas the FARC withdrawal resulted in a struggle for control by other illegal armed groups, causing violence and internal displacement. The government, international organizations, and civil society groups identified various factors causing displacement, including threats, extortion, and physical, psychological, and sexual violence by illegal armed groups against civilian populations, particularly women and girls. Other causes of displacement included competition and armed confrontation among and within illegal armed groups for resources and territorial control; confrontations between security forces, guerrillas, and organized-crime gangs; and forced recruitment of children or threats of forced recruitment. Drug trafficking, illegal mining, and large-scale commercial ventures in rural areas also contributed to displacement. Local institutions lacked the capacity in many areas to protect the rights of, and provide public services to, IDPs and communities at risk of displacement, and consequently the government struggled to provide adequate protection or humanitarian assistance to newly displaced populations.

The UN Office for the Coordination of Humanitarian Affairs reported that 33,400 persons were affected in 112 displacement events in 2018 and that 12,000 persons were affected in 37 displacement events between January and June 2019. Departments with the highest rate of mass displacements included Antioquia, Choco, Cordoba, Narino, and Norte de Santander.

The Victims’ Unit maintained the Single Victims Registry as mandated by law. Despite improvements in the government registration system, IDPs experienced delays in receiving responses to their displacement claims due to a large backlog of claims built up during several months, lack of the unit’s presence in rural areas, and other constraints. Government policy provides for an appeals process in the case of refusals.

The ELN and organized-crime gangs continued to use force, intimidation, and disinformation to discourage IDPs from registering with the government. International organizations and civil society expressed concern over urban displacement caused by violence stemming from territorial disputes between criminal gangs, some of which had links to larger criminal and narcotrafficking groups.

The Victims’ Unit cited extortion, forced recruitment by illegal armed groups, killings, and physical and sexual violence as the primary causes of intraurban displacement. The Office of the UN High Commissioner for Refugees (UNHCR) reported that in some departments displacement disproportionately affected indigenous and Afro-Colombian groups.

As of June the government registered 212,081 IDPs who identified as indigenous, and 834,597 who identified as Afro-Colombian. Indigenous persons constituted approximately 3 percent and Afro-Colombians approximately 11 percent of new IDPs registered by the government.

The NGO National Association of Displaced Afrodescendants (AFRODES) stated that threats and violence against Afro-Colombian leaders and communities continued to cause high levels of forced displacement, especially in the Pacific Coast region. AFRODES and other local NGOs expressed concern that large-scale economic projects, such as agriculture and mining, contributed to displacement in their communities.

By law, 52 government agencies are responsible for assisting registered IDPs. In addition, dozens of international organizations; international NGOs; domestic nonprofit groups; and multilateral organizations, including the International Organization for Migration, World Food Program, ICRC, UNHCR, and Colombian Red Cross, coordinated with the government to provide emergency relief and long-term assistance to displaced populations.

International organizations and NGOs remained concerned about the slow and insufficient institutional response to displacement. As a result, NGOs took responsibility for providing humanitarian assistance to recently displaced individuals. International organizations and civil society reported that a lack of local capacity to accept registrations in high-displacement areas often delayed assistance to persons displaced individually or in smaller groups. Humanitarian organizations attributed the delays to a variety of factors, including the lack of personnel, funding, declaration forms, and training. Insecurity in communities affected by the conflict, including areas in the departments of Antioquia, Cauca, Choco, Narino, and Norte de Santander, sometimes delayed national and international aid organizations from reaching newly displaced populations.

Despite several government initiatives to enhance IDP access to services and awareness of their rights, municipalities in many parts of the country did not have the resources or capacity to respond to new displacements and provide humanitarian assistance to IDPs. Many IDPs continued to live in poverty in unhygienic conditions and with limited access to health care, education, shelter, and employment.

Displaced persons also sought protection across international borders. UNHCR estimated that Colombia was the country of origin for 400,000 refugees and persons in a refugee-like situation, the majority in Ecuador, with additional populations in neighboring countries, including Costa Rica and Panama. The governments of Colombia and Ecuador continued to meet throughout the year regarding the situation of Colombian refugees and asylum seekers in Ecuador, and the Colombian government offered a program to assist Colombians abroad who returned to Colombia. In addition, the government estimated that 500,000 Colombians, many of whom were displaced by the conflict in Colombia and registered as refugees in Venezuela, had returned from Venezuela as of August.

f. 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 government reported it had approved 86 requests for recognition of refugee status of the 6,451 applications it received from 2016 to July 23, 2019. Venezuelans represented approximately 95 percent of applications during the year. Authorities stated the asylum process took at least one year, during which applicants were given a permit to stay in the country but were not allowed to work. In October the government opened an asylum office in Bogota to increase its capacity to process a backlog of more than 5,000 cases.

During the year there was a large increase in migration flows from Venezuela. According to migration officials, as of November the country hosted more than 1.5 million Venezuelans. While the government generally provided access to the asylum process for persons who requested international protection, many opted for alternative migration status. In August the government issued an administrative resolution granting Colombian citizenship to Venezuelan children born in Colombia on or after August 19, 2015, immediately granting citizenship to 24,000 children.

Temporary Protection: The government also provided temporary residence permits (PEPs) to Venezuelans who met certain eligibility requirements. Approximately 600,000 Venezuelans who entered with passports legally were granted PEPs in 2017-18, according to migration officials. PEPs provide access to work, primary and secondary education, and the social insurance system as well as the ability to open bank accounts. The temporary residency permit is valid for up to two years. In August the government announced a two-year extension for PEPs issued in 2017.

According to UNHCR, there were more than nine million persons of concern (including refugees, asylum seekers, IDPs, returned IDPs, returned refugees, stateless persons, and others of concern) residing in the country in 2018, compared with 7.7 million in 2017.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government through free and fair periodic elections held by secret ballot and based on nearly universal suffrage. Active-duty members of the armed forces and police may neither vote nor participate in the political process. Civilian public employees are eligible to vote, although they may participate in partisan politics only during the four months immediately preceding a national election.

Recent Elections: Legislative and presidential elections were held in March and May 2018, respectively. Because no presidential candidate won more than 50 percent of the vote in the election, as required for a victory in the first round, in June a second election was held, in which voters elected Ivan Duque Marquez president. Observers considered the elections free and fair and the most peaceful in decades. There were no reports of election-related violence during the June 2018 presidential runoff, in which the candidate of the Democratic Center party, Ivan Duque, defeated the candidate of Humane Colombia, Gustavo Petro. The then minister of defense, Luis Carlos Villegas, described it as the most peaceful election in decades. The leading domestic elections NGO, Electoral Observation Mission, deployed 3,524 nonpartisan volunteers to monitor the elections. International observers included an electoral observation mission of the Organization of American States. The first local and regional elections since the signing of the peace accord took place on October 27 and were largely peaceful. Observers reported some indications of electoral fraud, including vote buying.

Political Parties and Political Participation: Organized-crime gangs and the ELN threatened and killed government officials (see section 1.g.). As of May 31, the NPU, under the Ministry of Interior, was providing protection to 387 mayors, 17 governors, and 1,674 other persons, including members of departmental assemblies, council members, judges, municipal human rights officers, and other officials related to national human rights policies. By decree the CNP’s protection program and the NPU assume shared responsibility for protecting municipal and district mayors.

As part of the peace accord, the FARC registered a political party in 2017 under the name People’s Alternative Revolutionary Force, maintaining the same acronym. The accord guaranteed the FARC political party 10 seats in Congress–five each in the Senate and in the House of Representatives–in the 2018 and 2022 elections.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The share of female officials in the cabinet was more than 50 percent.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively, although officials sometimes engaged in corrupt practices without punishment. The World Bank’s worldwide governance indicators reflected that government corruption was a serious problem. Revenues from transnational organized crime, including drug trafficking, exacerbated corruption.

Corruption: Through September the Attorney General’s Office registered 31,239 allegations related to corruption and had formally begun investigating 4,014. In September authorities sentenced Aida Merlano to 15 years in prison for buying votes to win a seat in the March 2018 election for seats in Congress. The first politician to be jailed for buying votes, Merlano escaped police custody on October 1 and remained at large as of November.

Financial Disclosure: By law public officials must file annual financial disclosure forms with the tax authority. The information is not made public. The law states that persons who intend to hold public office or work as contractors for the government for more than three months shall submit a statement of assets and income as well as information on their private economic activity. The human resources chief in each entity is responsible for verifying the information submitted. Congress maintained a website on which members could voluntarily post their financial information.

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

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were typically cooperative and willing to listen to local human rights groups’ concerns.

Several NGOs reported receiving threats in the form of email, mail, telephone calls, false obituaries, and objects related to death, such as coffins and funeral bouquets. The government condemned the threats and called on the Attorney General’s Office to investigate them. Some activists claimed the government did not take the threats seriously.

The government announced advances in the investigations into attacks and killings of human rights defenders and assigned priority resources to these cases.

Through July the Attorney General’s Office reported 753 active investigations into threats against human rights defenders. There were three convictions in cases of threats against human rights defenders during the year.

As of May 31, the NPU’s protection program provided protection to a total of 7,313 individuals. Among the NPU’s protected persons were 4,519 human rights activists.

To help monitor and verify that human rights were respected throughout implementation of the peace accord, the government formally renewed the mandate of the OHCHR in October for a period of three years. The accord requests that the OHCHR include a “special chapter on implementation of the agreements from the standpoint of human rights” in its annual reports.

Government Human Rights Bodies: The ombudsman is independent, submits an annual report to the House of Representatives, and has responsibility for providing for the promotion and exercise of human rights. According to human rights groups, underfunding of the Ombudsman’s Office limited its ability to monitor violations effectively. The ombudsman, as well as members of his regional offices, reported threats from illegal armed groups issued through pamphlets, email, and violent actions.

The National System for Human Rights and International Humanitarian Law–led by a commission of 18 senior government officials, including the vice president–designs, implements, and evaluates the government’s policies on human rights and international humanitarian law. The Office of the Presidential Advisor for Human Rights coordinates national human rights policy and actions taken by government entities to promote or protect human rights.

Both the Senate and House of Representatives have human rights committees that served as forums for discussion of human rights problems.

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

Rape and Domestic Violence: Although prohibited by law, rape of men or women, including spousal rape, remained a serious problem. The law provides for sentences ranging from eight to 30 years’ imprisonment for violent sexual assault. For acts of spousal sexual violence, the law mandates prison sentences of six months to two years. By law femicide is punishable with penalties of 21 to 50 years in prison, longer than the minimum sentence of 13 years for homicide.

Violence against women, as well as impunity for perpetrators, continued to be a problem. Members of illegal armed groups, including former paramilitary members and guerrillas, also continued to rape and abuse women and children sexually.

The government continued to employ the Elite Sexual Assault Investigative Unit interagency unit in Bogota, which was dedicated to the investigation of sexual assault cases. From January to August, the Attorney General’s Office opened 26,968 new investigations for sexual crimes, compared with 28,942 in 2018.

The law requires the government to provide victims of domestic violence immediate protection from further physical or psychological abuse.

The Ministry of Defense continued implementing its protocol for managing cases of sexual violence and harassment involving members of the military. The district secretary of women, in Bogota, and the Ombudsman’s Office offered free legal aid for victims of gender violence and organized courses to teach officials how to treat survivors of gender violence respectfully.

The law augments both imprisonment and fines if a crime causes “transitory or permanent physical disfigurement,” such as acid attacks, which have a penalty of up to 50 years in prison.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C, but isolated incidents were reported in several indigenous communities in different parts of the country. Two-thirds of women from the Embera community had undergone FGM/C, according to the UN Population Fund.

Sexual Harassment: The law provides measures to deter and punish harassment in the workplace, such as sexual harassment, verbal abuse or derision, aggression, and discrimination, which carries a penalty of one to three years’ imprisonment. Nonetheless, NGOs reported sexual harassment remained a pervasive and underreported problem in workplaces and in public.

Coercion in Population Control: Coerced abortion is not permitted under the law. The law allows the involuntary surgical sterilization of children with cognitive and psychosocial disabilities in certain cases.

Through August 18, the Attorney General’s Office reported opening 18 investigations related to cases of forced abortion.

Discrimination: Although women have the same legal rights as men, discrimination against women persisted. The Office of the Advisor for the Equality of Women has primary responsibility for combating discrimination against women, but advocacy groups reported that the office remained seriously underfunded. The government continued its national public policy for gender equity.

Birth Registration: Citizenship is derived by birth within the country’s territory in most cases. Most births were registered immediately. If a birth is not registered within one month, parents may be fined and denied public services.

Child Abuse: Child abuse was a serious problem. The Attorney General’s Office reported that 53 percent of its nearly 27,000 investigations into sexual crimes through July 31 involved a minor younger than 14. The Colombian Family Welfare Institute (ICBF) reported that between January and July 31, there were 6,150 cases of sexual abuse against children.

Early and Forced Marriage: Marriage is legal at the age of 18. Boys older than 14 and girls older than 12 may marry with the consent of their parents. According to UNICEF, 5 percent of girls were married before age 15 and 23 percent before age 18.

Sexual Exploitation of Children: Sexual exploitation of children remained a problem. The law prohibits sexual exploitation of a minor or facilitating the sexual exploitation of a minor and stipulates a penalty of 14 to 25 years in prison, with aggravated penalties for perpetrators who are family members of the victim and for cases of sexual tourism, forced marriage, or sexual exploitation by illegal armed groups. The law prohibits pornography using children younger than 18 and stipulates a penalty of 10 to 20 years in prison and a fine for violations. The minimum age for consensual sex is 14. The penalty for sexual activity with a child younger than 14 ranges from nine to 13 years in prison. The government generally enforced the law.

The Attorney General’s Office reported opening 796 investigations related to cases of child pornography and sentenced 24 perpetrators. In September, Liliana Campo Puello, whom authorities charged with running an extensive child trafficking ring for the purposes of sexual exploitation, pleaded guilty and was sentenced to eight years in prison. Her father, Carlos Enrique Campo Caballero, was also convicted and sentenced to 56 months’ imprisonment. The judge in the case accused Puello of continuing to operate the trafficking ring while imprisoned. In 2018 authorities in Cartagena arrested Puello as part of a three-day operation, during which they arrested 18 persons and charged them with the sexual exploitation of more than 250 women and girls. Prosecutors alleged that some of the women and girls were tattooed and trafficked for purposes of commercial sexual exploitation. Media reported authorities conducted several raids to dismantle networks of sexual exploitation of minors in Cartagena and other cities in 2018. In total, 42 persons were captured, and goods valued at 154 billion Colombian pesos ($49 million) were seized. Commercial sexual exploitation of children in mining areas remained widespread.

Displaced Children: The NGO Consultancy for Human Rights and Displacement estimated in 2016 that 31 percent of persons registered as displaced since 1985 were minors at the time they were displaced (see also section 2.e.).

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

The Jewish community, which had an estimated 5,000 members, continued to report instances of anti-Israeli rhetoric connected to events in the Middle East, accompanied by anti-Semitic graffiti near synagogues as well as demonstrations in front of the Israeli embassy that were sometimes accompanied by anti-Semitic comments on social media. In particular the Colombian Confederation of Jewish Communities expressed concern over the presence of BDS (Boycott, Divestment, Sanctions) Colombia, which aggressively promotes the boycott of Israeli products, culture, and travel and does not actively counter the conflation of anti-Israeli policies with anti-Semitic rhetoric.

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

The law punishes those who arbitrarily restrict the full exercise of the rights of persons with disabilities or harass persons with disabilities, but enforcement was rare. The law prohibits discrimination against persons with physical and mental disabilities but does not explicitly prohibit discrimination against persons with sensory or intellectual disabilities. No law mandates access to information and telecommunications for persons with disabilities.

The Office of the Presidential Advisor for Human Rights under the high counselor for postconflict, public security, and human rights, along with the Human Rights Directorate at the Ministry of Interior, is responsible for protecting the rights of persons with disabilities. According to Somos Defensores and other NGOs, the law was seldom enforced.

Although children with disabilities attended school at all levels, advocates noted the vast majority of teachers and schools were neither trained nor equipped to educate children with disabilities successfully. Advocacy groups also stated children with disabilities entered the education system later than children without disabilities and dropped out at higher rates. Persons with disabilities were unemployed at a much higher rate than the general population.

In 2013 the State Council ordered all public offices to make facilities accessible to persons with disabilities and asked public officials to include requirements for accessibility when granting licenses for construction and occupancy. The State Council also asked every municipality to enforce rules that would make all public offices accessible to persons with disabilities “in a short amount of time.” It was not clear if much progress had been made.

According to the 2018 national census, approximately 9.3 percent of the country’s population described themselves as being of African descent. A 2011 UN report estimated Afro-Colombians made up 15 to 20 percent of the population, while human rights groups and Afro-Colombian organizations estimated the proportion to be 20 to 25 percent.

Afro-Colombians are entitled to all constitutional rights and protections, but they faced significant economic and social discrimination. According to a 2016 UN report, 32 percent of the country’s population lived below the poverty line, but in Choco, the department with the highest percentage of Afro-Colombian residents, 79 percent of residents lived below the poverty line.

In 2010 the government approved a policy to promote equal opportunity for black, Afro-Colombian, Palenquera, and Raizal populations. (Palenquera populations inhabit some parts of the Caribbean coast, Raizal populations live in the San Andres archipelago, and Blacks and Afro-Colombians are Colombians of African descent who self-identify slightly differently based on their unique linguistic and cultural heritages.) The Ministry of Interior provided technical advice and funding for social projects presented by Afro-Colombian communities.

The National Autonomous Congress of Afro-Colombian Community Councils and Ethnic Organizations for Blacks, Afro-Colombians, Raizals, and Palenqueras, consisting of 108 representatives, met with government representatives on problems that affected their communities.

The constitution and law give special recognition to the fundamental rights of indigenous persons, who make up approximately 3.4 percent of the population, and require the government to consult beforehand with indigenous groups regarding governmental actions that could affect them.

The law accords indigenous groups perpetual rights to their ancestral lands, but indigenous groups, neighboring landowners, and the government often disputed the demarcation of those lands. Traditional indigenous groups operated 710 reservations, accounting for approximately 28 percent of the country’s territory. Illegal armed groups often violently contested indigenous land ownership and recruited indigenous children to join their ranks.

The law provides for special criminal and civil jurisdictions within indigenous territories based on traditional community laws. Legal proceedings in these jurisdictions were subject to manipulation and often rendered punishments more lenient than those imposed by civilian state courts.

Some indigenous groups continued to assert they were not able to participate adequately in decisions affecting their lands. The constitution provides for a “prior consultation” mechanism for indigenous communities, but it does not require the government to obtain the consent of those communities in all cases. Indigenous communities joined together to hold weeks-long protests known as the “Minga for Defending Life, Territory, Democracy, Justice, and Peace” that closed highways as they called for increased government attention to systemic violence facing indigenous communities.

The government stated that for security reasons, it could not provide advance notice of most military operations, especially when in pursuit of enemy combatants, and added that it consulted with indigenous leaders when possible before entering land held by their communities.

Despite special legal protections and government assistance programs, indigenous persons continued to suffer discrimination and often lived on the margins of society. They belonged to the country’s poorest population and had the highest age-specific mortality rates.

Killings of members and leaders of indigenous groups remained a problem. According to the NGO National Indigenous Organization of Colombia, since the signing of the peace accord, 177 indigenous persons had been killed. For example, on June 23, the press reported the killing of Carlos Biscue, an indigenous leader on the Huellas Indigenous Reservation in Caloto, Cauca. Biscue, an agricultural producer and community organizer, was shot by armed intruders during a party in his honor. On October 29, FARC dissidents allegedly involved in narcotrafficking killed five members of the Nasa indigenous community, including the indigenous reserve governor and spiritual leader, in La Luz village in the semiautonomous municipality of Taceuyo, Cauca. On the following day, the government announced the deployment of 2,500 troops to the area to reinforce security, restore order, and capture those responsible. President Duque also announced plans to accelerate implementation of the Cauca Social Plan, a program to create greater socioeconomic opportunities for the inhabitants of Cauca through interventions in the areas of education, entrepreneurship, infrastructure, and rural development.

Despite precautionary measures ordered by the Inter-American Commission on Human Rights, ethnic Wayuu children continued to die of malnutrition. The United Nations and the government reported an increase in binational Wayuu families, including children, arriving in Colombia due to deteriorating conditions in Venezuela. The National Indigenous Organization of Colombia reported that a series of threats and armed confrontations led to the displacement of indigenous persons from the Jurado municipality. According to the indigenous organization, more than 1,500 Embera Katio, Jumara Carra, Wounaan, and Embera persons had been displaced to Santa Terecita and Dos Bocas.

There were no reports of official discrimination based on sexual orientation in employment, housing, statelessness, or access to education or health care. The Ministry of Interior issued a public policy framework to guarantee the effective exercise of the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The framework has three pillars: protection of civil and political rights; promotion of democratic participation; and the right to health care, education, work, housing, recreation, sport, and culture.

Despite government measures to increase the rights and protection of LGBTI persons, there were reports of societal abuse and discrimination as well as sexual assault. NGOs claimed transgender individuals, particularly transgender men, were often sexually assaulted in so-called corrective rape. In 2017 (the most recent data available), the Ombudsman’s Office reported 155 cases of abuse against LGBTI persons: 60 percent of these involved psychological abuse, 27 percent physical violence, 11 percent economic discrimination, and 2 percent sexual violence. NGOs claimed that 109 LGBTI individuals were killed in 2017, with most victims being gay men or transgender women. In August, LGBTI activist and teacher Ariel Lopez was killed by armed intruders in his home in Barranquilla. Lopez had coordinated programs aimed at supporting implementation of the 2016 peace accord and strengthening and protecting LGBTI rights.

Transgender individuals cited barriers to public services when health-care providers or police officers refused to accept their government-issued identification. Some transgender individuals stated that it was difficult to change their gender designation on national identity documents and that transgender individuals whose identity cards listed them as male were required to show proof they had performed mandatory military service or obtained the necessary waivers from that service.

Established in 2013, the National Bureau of Urgent Cases (BNCU) is an interagency group that deals with cases of violence and discrimination against LGBTI persons. It comprises the Ombudsman’s Office, the Office of the Attorney General, the National Police, the Office of the Presidential Advisor for Human Rights, the NPU, and the Ministry of Interior. The BNCU continued to hold meetings with local authorities and civil society concerning the proper implementation of protections for LGBTI persons and maintained a list of urgent cases requiring further investigation by national authorities. During the year the BNCU defended the rights of LGBTI persons to display public affection and to enjoy public spaces without fear of prosecution from local authorities.

In its most recent demographic and health survey (2015), the government reported that 67 percent of women and 59 percent of men surveyed approved the recognition of legal rights for same-sex couples, although only 30 percent of women and 26 percent of men approved of adoption by such couples, reflecting low to moderate levels of social acceptance throughout the country.

There were no confirmed reports of societal violence or discrimination against persons with HIV/AIDS. In its most recent demographic and health survey (2015), the government reported the responses of 78 percent of those surveyed indicated discriminatory attitudes towards persons with HIV/AIDS, reflecting low levels of social acceptance throughout the country.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions, bargain collectively, and conduct legal strikes, and it prohibits antiunion discrimination. Members of associated workers’ cooperatives are not allowed to form unions, since the law recognizes members of a cooperative as owners. The law prohibits members of the armed forces and police from forming or joining unions. The law provides for automatic recognition of unions that obtain 25 signatures from potential members and that comply with a registration process. Public-sector employees have the right to bargain collectively. The government and employers generally respected freedom of association and collective bargaining in practice.

The law permits associated workers’ cooperatives (CTAs), collective pacts, and union contracts. Under collective pacts, employers may negotiate accords on pay and labor conditions with workers in workplaces where no union is present or where a union represents less than one-third of employees. Law and regulations prohibit the use of CTAs and collective pacts to undermine the right to organize and bargain collectively, including by extending better conditions to nonunion workers through such pacts. Through a union contract, a company may contract a union, at times formed explicitly for this purpose, for a specific job or work; the union then in essence serves as an employer for its members. Workers who belong to a union that has a union contract with a company do not have a direct employment relationship with either the company or the union. Labor disputes for workers under a union contract may be decided through an arbitration panel versus labor courts if both parties agree.

The law does not permit members of the armed forces, police, and persons performing “essential public services” to strike. Before conducting a strike, unions must follow prescribed legal procedures, including entering into a conversation period with the employer, presenting a list of demands, and gaining majority approval in the union for a strike. The law limits strikes to periods of contract negotiations or collective bargaining and allows employers to fire trade unionists who participate in strikes or work stoppages ruled illegal by the courts.

Government enforcement of applicable laws was inconsistent. Despite significant steps by the Ministry of Labor to strengthen its labor law inspection system, the government did not provide sufficient staffing or resources or establish a consistent national strategy to protect the rights to freedom of association and collective bargaining. The government did not have in place a system to ensure timely and regular collection of fines related to these protections and structural challenges adversely affected prosecutions, which resulted in a continued high rate of impunity for violators of these rights, including in cases of threats and violence against unionists.

The government has the authority to fine labor-rights violators. The penalties under the law would be sufficient to deter violations but were not levied consistently. The law also stipulates that offenders repeatedly misusing CTAs or other labor relationships shall receive the maximum penalty and may be subject to losing their legal status to operate. Employers who engage in antiunion practices may also be imprisoned for up to five years, although government officials admitted a fine was more likely than imprisonment. Prohibited practices include impeding workers’ right to strike, meet, or otherwise associate and extending better conditions to members of collective pacts than to union members.

The Ministry of Labor’s Special Investigations Unit, which is part of the labor inspectorate and overseen by the vice minister for labor relations and inspections, continued to exercise its power to investigate and impose sanctions in any jurisdiction. The vice minister for labor relations decides on a case-by-case basis whether to assign the Special Investigations Unit or the regional inspectors to investigate certain sites or review particular cases. The unit was reportedly overburdened with cases, resulting in denials of recent union requests for review by the unit.

The Ministry of Labor leads a tripartite Interinstitutional Commission for the Promotion and Protection of the Human Rights of Workers, with participation by the government, organized labor groups, and the business community. As of June the commission met two times during the year in Bogota.

As part of its commitments under the 2011 Colombian Action Plan Related to Labor Rights (Labor Action Plan), the government continued to take steps to protect internationally recognized labor rights. Labor inspections by the Ministry of Labor for abusive subcontracting in the five priority sectors of palm oil, sugar, ports, mines, and cut flowers remained infrequent, however. Critics claimed inspections lacked necessary rigor, assessed fines were not collected, and abusive subcontracting continued. In the first six months of the year, there were no new fines assessed for illegal labor intermediation or for violations of freedom of association in any of the five priority sectors. During this time there were also no fines collected in any of the five priority sectors for such violations, although four fines for violations from previous years were finalized for future collection. The government continued to engage in regular meetings with unions and civil society groups.

The Ministry of Labor, in collaboration with the International Labor Organization (ILO), continued to train labor inspectors through a virtual training campus to prepare labor inspectors to identify antiunion conduct, among other violations. It also implemented methods, including contract and process maps, as strategic planning tools to prioritize interventions. The ministry continued to employ a telephone- and internet-based complaint mechanism to report alleged labor violations. Union members complained that the systems did not allow citizens to register anonymous complaints and noted that complaints registered through the telephone and internet systems did not result in action.

Judicial police, the Technical Investigation Body, and prosecutors investigating criminal cases of threats and killings are required to determine during the initial phase of an investigation whether a victim is an active or retired union member or is actively engaged in union formation and organization, but it was unclear whether they did so. It could take several months to transfer cases from regional field offices of the Attorney General’s Office to the Attorney General’s Human Rights Directorate, and cases are transferred only with the approval of the attorney general in response to direct requests, instead of automatically.

The government continued to include in its protection program for labor activists persons engaged in efforts to form a union as well as former unionists under threat because of their past activities. As of May the NPU was providing protection to 306 trade union leaders or members. Approximately 6 percent of the NPU’s budget was dedicated to unionist protection as of April. Between January 1 and July, the NPU processed 185 risk assessments of union leaders or members; 108 of those individuals were assessed as facing an “extraordinary threat,” and the NPU provided them protection measures. The NPU reported that during the year the average time needed to implement protection measures upon completion of a risk analysis was 60 days in regular cases or five days for emergency cases. NGOs, however, complained about slow processing times.

The protection and relocation of teachers falls under the Ministry of National Education and the departmental education secretaries, but the NPU retains some responsibilities for the risk analysis and protection of family members. Through July 31, the NPU evaluated 78 threat cases against teachers and found 50 to be facing extraordinary risk.

In cases of unionist killings from previous years, the pace of investigations and convictions remained slow, and high rates of impunity continued, although progress was made in the rate of case resolution. The Attorney General’s Office reported receiving 205 cases of homicides of unionists between January 2011 and June 2019. Whereas between January 2011 and August 2016, 20 sentences for homicides were issued, between September 2016 and June 2019–following the creation of an “elite group” and implementation of a strategy to prioritize cases of homicides against unionists–29 sentences were issued. Labor groups stated more needed to be done to address impunity for perpetrators of violence against trade unionists and the large number of threat cases.

Violence, threats, harassment, and other practices against trade unionists continued to affect the exercise of the right to freedom of association and collective bargaining. According to the Attorney General’s Office, through September 19, one teacher was registered as a victim in cases of homicide.

The Attorney General’s Office reported the killing of 27 trade unionists between January 2018 and June 2019. There was progress in the investigation and prosecution of several of these cases, with persons implicated in three of the cases receiving a sentence, five cases in which trials were continuing, and three cases in which charges had been filed. The National Union School (ENS), a labor rights NGO and think tank, reported 11 trade unionists were killed through August. The ENS and other labor groups stated that focusing on killings alone masked the true nature and scope of the violence against labor activists. Labor groups noted that in some regions, nonlethal violations continued to increase. The ENS reported 136 death threats, six nonlethal attacks, two cases of forced displacement, four cases of harassment, and one illegal raid.

Unions cited multiple instances in which companies fired employees who formed or sought to form new unions. Some employers continued to use temporary contracts, service agencies, and other forms of subcontracting, including cooperatives, to limit worker rights and protections. Fines assessed by the government did little to dissuade violators because fines were often not collected. The government continued to reach formalization agreements with firms engaged in abusive subcontracting or that had labor conflict during the year. In the first six months of the year, the government reported 480 workers benefited from 15 formalization agreements that the Ministry of Labor reached with employers in key sectors, including manufacturing, health, transport, and hospitality. During this time, however, there were no formalization agreements reached in any of the five priority sectors. Labor rights groups expressed concern that previously signed formalization agreements were not sufficiently monitored by the ministry.

Labor confederations and NGOs reported that business owners in several sectors used “simplified stock corporations” (SAS), union contracts, foundations, or temporary service agencies in attempts to circumvent legal restrictions on cooperatives. While in theory SAS workers may exercise their right to organize and bargain collectively with SAS management, it appeared that in some cases the SAS had little or no control over the conditions of employment. The Ministry of Labor stated that an SAS, like any corporate structure, may be fined for labor violations. Labor confederations and NGOs reported these enforcement actions did not address the scope of abusive subcontracting and illegal labor intermediation in the country.

The port workers’ labor union reported Buenaventura port operators engaged in abusive subcontracting through SAS and that Ministry of Labor inspections and adjudication of cases at the Buenaventura port were ineffective in safeguarding the rights to freedom of association and collective bargaining.

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 in all cases, and there continued to be reports that such practices occurred. The law prescribes punishments sufficient to deter violations. The ILO noted the law permits military conscripts to be compelled to undertake work beyond that of a military nature, such as activities designed to protect the environment or natural resources.

There were reports ELN guerrillas and organized-crime gangs used forced labor, including forced child labor, in coca cultivation and illegal mining in areas outside government control as well as forced criminality, such as extortion, in urban areas. The ICBF indicated that between November 16, 1999, and July 31, 2019, the number of children and adolescents who had demobilized from illegal armed groups was 6,700, of whom 11 percent were indigenous and 8 percent Afro-Colombian.

Forced labor in other sectors, including organized begging, mining, agriculture (especially near the coffee belt), cattle herding, crop harvesting, forced recruitment by illegal armed actors, and domestic service, remained a serious problem. Afro-Colombians, indigenous persons, and inhabitants of marginalized urban areas were at the highest risk of forced labor, domestic servitude, forced begging, and forced recruitment. The government did not effectively enforce the law, and the Ministry of Labor did not report having a protocol to connect labor inspectors with police in cases of forced labor.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law sets the minimum age for employment at 15 and for hazardous work at 18. Children 15 and 16 years of age may work no more than 30 hours per week, and children age 17 may work no more than 40 hours per week. Children younger than 15 may work in arts, sports, or recreational or cultural activities for a maximum of 14 hours per week. In all these cases, working children and adolescents must have signed documentation filed by their parents and be approved by a labor inspector or other local authority.

The law prohibits child workers from working at night or where there is a risk of bodily harm or exposure to excessive heat, cold, or noise. The law authorizes inspectors to issue fines that would be sufficient to deter violations, but the government did not enforce the law effectively in all cases. A violation deemed to endanger a child’s life or threaten moral values may be punished by temporary or permanent closure of the establishment. Nationwide, labor inspectors are responsible for enforcing child labor laws and supervising the formal sector through periodic inspections. An estimated 80 percent of all child labor, however, occurred in the informal sector of the economy. The number of labor inspectors was insufficient to enforce the law effectively.

Government agencies carried out several activities to eradicate and prevent exploitative child labor. The Ministry of Labor conducted 1,142 worksite inspections from July 2018 through June 2019 to ensure that adolescent workers were employed with proper authorization and received proper protections. Seven authorizations were revoked as a result of these inspections. With ILO assistance the government continued to improve cooperation among national, regional, and municipal governments on child labor problems. It also continued to employ a monitoring system to register working children, although the system was not always regularly updated. The government also sought to reduce demand for child labor through public awareness and training efforts, often working with international and civil society organizations.

The government, through the Ministry of Labor, followed the National Policy to Prevent and Eliminate Child Labor and Protect the Young Worker, updated for the period 2019-29. It also continued its roundtable discussion group, which included government representatives, members of the three largest labor confederations, and civil society. The group concentrated its efforts on formalizing an integrated registration system for information on child labor that would permit public and private entities to register information about child workers.

The government, including through a cooperative agreement between the Ministry of Mines and Energy and the ICBF, continued to combat illegal mining and formalize artisanal mining production, with goals including the elimination of child labor and forced labor. Regional ICBF offices led efforts to combat child labor in mining at the local level, working with the Ministry of Labor and other government agencies to coordinate responses. The Department for Social Prosperity continued to implement the More Families in Action program to combat poverty through conditional cash transfers, which included a specific focus on addressing child labor. In interagency child labor meetings, the Ministry of Labor reported that whichever government presence was available in the area–whether police, the ICBF, teachers, or the Administrative Department for Social Prosperity–attended to children found working in illegal mining operations. While all agencies had directives on how to handle and report child labor cases, it was unclear whether all cases were referred to the ICBF.

The ICBF continued to implement several initiatives aimed at preventing child labor, including producing an extensive section of its website designed specifically for young audiences to educate children on child labor, their rights, and how to report child labor. The Ministry of Labor continued its work with the Network against Child Labor in which the ministry operated alongside member businesses that pledged to work within the network to prevent and eradicate child labor.

Child labor remained a problem in the informal and illicit sectors. Although the government did not publish data on child labor, the National Administrative Department of Statistics (DANE) collected and published information on the economic activities of children between the ages of five and 17 through a module in its Comprehensive Household Economic Survey during the fourth quarter of each calendar year. According to DANE’s most recent survey, conducted in 2018, 5.9 percent of children were working, with 43 percent of those engaged in agriculture, livestock raising, fishing, and hunting and 28 percent in commerce, hotels, and restaurant work. To a lesser extent, children were engaged in the manufacturing and transport sectors. Children also routinely performed domestic work, where they cared for children, prepared meals, tended gardens, and carried out shopping duties. DANE reported that 48 percent of children who were economically engaged did not receive remuneration.

Significant rates of child labor occurred in the production of clay bricks, coal, coffee, emeralds, gold, coca, pornography, and sugarcane. Forced child labor was prevalent in the production of coca. Children were also engaged in street vending, domestic work, begging, and garbage scavenging. There were reports that children engaged in child labor in agriculture, including coffee production and small family production centers in the unrefined brown sugar market, as well as selling inexpensive Venezuelan gasoline. Commercial sexual exploitation of children occurred (see section 6, Children).

Prohibitions against children working in mining and construction were reportedly largely ignored. Some educational institutions modify schedules during harvest seasons so that children may help on the family farm. Children worked in the artisanal mining of coal, clay, emeralds, and gold under dangerous conditions and in many instances with the approval or insistence of their parents. The government’s efforts to assist children working in illegal mining focused on the departments of Amazonas, Antioquia, Bolivar, Boyaca, Caldas, Cauca, Cesar, Choco, Cordoba, Cundinamarca, La Guajira, Narino, Norte de Santander, and Valle del Cauca.

There continued to be instances of child trafficking with the purpose of forced labor in mines, quarries, and private homes. According to government officials and international organizations, illegal drug traders and other illicit actors recruited children, sometimes forcibly, to work in their illegal activities. The ELN and organized-crime gangs forced children into sexual servitude or criminality to serve as combatants or coca pickers (see section 1.g.). Children working in the informal sector, including as street vendors, were also vulnerable to labor trafficking. The ICBF identified children and adolescents who qualified for and received social services.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation based on race, ethnicity, sex, religion, political preference, national origin or citizenship, gender, disability, language, sexual orientation or gender identity, HIV-positive status or infection with other communicable diseases, or social status. Complaints of quid pro quo sexual harassment are filed not with the Ministry of Labor but with the criminal courts. The government did not effectively enforce the law in all cases.

Unemployment disproportionately affected women, who faced hiring discrimination and received salaries that generally were not commensurate with their education and experience. The NGO Sisma Mujer reported that on average women were paid 28 percent less than men. In a previous year, a senior government official estimated that 85 percent of persons with disabilities were unemployed. Afro-Colombian labor unions reported discrimination in the port sector.

e. Acceptable Conditions of Work

The legal minimum monthly wage is approximately twice the amount of the poverty line; however, almost one-half of the total workforce earned less than the minimum wage.

The law provides for a regular workweek of 48 hours and a minimum rest period of eight hours within the week. Exceptions to this may be granted by the Ministry of Labor and were frequently granted in the mining sector. The law stipulates that workers receive premium compensation for nighttime work, hours worked in excess of 48 per week, and work performed on Sundays. The law permits compulsory overtime only in exceptional cases where the work is considered essential for the company’s functioning.

The law provides for workers’ occupational safety and health in the formal sector. The legal standards were generally up to date and appropriate for the main formal industries. The law does not cover informal-sector workers, including many mining and agricultural workers. In general, the law protects workers’ rights to remove themselves from situations that endanger health or safety without jeopardy to their employment, although some violations of this right were reported during the year. In cases of formal grievances, authorities generally protected employees in this situation.

The Ministry of Labor is required to enforce labor laws in the formal sector, including occupational safety and health regulations, through periodic inspections by labor inspectors. The number of inspectors was insufficient to enforce the law effectively. In April 2018 the Civil Service Commission held a national examination that provided opportunities for labor inspectors in provisional appointments to become permanently hired inspectors. Many of these inspectors failed to pass the examination, however, resulting in high turnover during the year. In August the Ministry of Labor reported that approximately 245 inspectors remained in provisional status. Individual labor violations can result in penalties insufficient to deter violations. Unionists stated that more fines needed to be collected to impact occupational safety and health problems.

While the government’s labor inspectors undertook administrative actions to enforce the minimum wage in the formal sector, the government did not effectively enforce the law in the informal sector.

The Ministry of Labor continued to promote formal employment generation. As of July, DANE reported that 50.6 percent of workers employed in 13 principal cities were paying into the pension system. The proportion of informal workers in 23 cities and metropolitan areas surveyed was 47.5 percent, according to DANE. The government continued to support complementary social security programs to increase the employability of extremely poor individuals, displaced persons, and the elderly.

Nonunion workers, particularly those in the agricultural and port sectors, reportedly worked under hazardous conditions because they feared losing their jobs through subcontracting mechanisms or informal arrangements if they reported abuses. Some unionized workers who alleged they suffered on-the-job injuries complained that companies illegally fired them in retaliation for filing workers compensation claims. Only the courts may order reinstatement, and workers complained the courts were backlogged, slow, and corrupt. The Ministry of Labor may sanction a company found to have broken the law in this way, but it may offer no other guarantees to workers.

Security forces reported that illegal armed actors, including FARC dissidents, the ELN, and organized-crime groups, engaged in illegal mining of gold, coal, coltan, nickel, copper, and other minerals. Illegal mines were particularly common in the departments of Antioquia, Boyaca, Choco, Cundinamarca, and Valle del Cauca.

According to the National Mining Agency, through August 7, a total of 56 workers died as a result of accidents in the mines, the majority due to cave-ins.

Costa Rica

Executive Summary

Costa Rica is a constitutional republic governed by a president and a unicameral legislative assembly directly elected in multiparty elections every four years. In April 2018 voters elected Carlos Alvarado of the Citizen’s Action Party (PAC) as president during a second round of elections. All elections were considered free and fair.

The country has no military forces. Civilian authorities maintained effective control over the 13 agencies that have law-enforcement components, including the judicial branch’s Judicial Investigative Organization. The Ministry of Public Security is responsible for the uniformed police force, drug control police, border police, air wing, and coast guard. The Immigration Office is responsible for the immigration police. The Ministry of Public Works and Transportation supervises the traffic police, the Ministry of Environment supervises park police, and the Ministry of Justice manages the penitentiary police. Several municipalities manage municipal police forces. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government investigated and prosecuted officials who committed abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. On August 9, the Constitutional Chamber of the Supreme Court rejected an effort from the association of journalists to restrict the practice of journalism through compulsory licensing of journalists.

Violence and Harassment: Police investigated an explosive device that on July 27 damaged the building of a news outlet. It was not clear if the perpetrator intended to target the news outlet, but indications as of October pointed to a deliberate attempt to suppress the outlet’s operations.

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 communications without appropriate legal authority.

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The law requires authorities to process the claims within three months of receipt, but decisions took an average of 14 months and an additional 12 months for the appeals process.

The number of persons seeking asylum increased significantly. The Migration Authority handled a growing number of migrants requesting refugee status, with the majority from Nicaragua. According to the Migration Authority, from April 2018 to September 2019, more than 70,000 claims were either actively pending or pending an initial appointment to submit a claim, with an average of 2,000 new applications per month since the beginning of the year. As of August migration authorities reported receiving 22,639 asylum claims, of which 18,170 were Nicaraguans, 1,586 Venezuelans, 933 Salvadorans, 777 Colombians, and 589 Cubans, among others. The average time for resolving a pending asylum claim was 18 months from the submission of the asylum request.

As of August the Appeals Tribunal, which adjudicates all migration appeals, had a backlog of 295 asylum cases but stated these figures would increase as pending claims at first instance moved to the appeals process. UNHCR provided support to the Refugee Unit and the Appeals Tribunal to hire additional legal and administrative personnel to assist with reduction of the backlog.

Employment: Refugee regulations provide asylum seekers an opportunity to obtain work permits if they have to wait beyond the three months the law allows for a decision on their asylum claim (which occurred in virtually all cases). The waiting period for a work permit was compounded by the months-long delay most asylum seekers faced in obtaining an appointment to file an asylum application, at which point the three-month period begins. Refugees and asylum seekers reported job opportunities were scarce. In the case of professionals, refugees and asylum seekers faced significant bureaucratic processes in obtaining a license to practice locally.

Access to Basic Services: By law asylum seekers and refugees have access to public services and social welfare programs, but access was often hampered by lack of knowledge about their status in the country, service providers failing to recognize the identification provided to asylum seekers by the Migration Authority, and feelings of xenophobia among some service providers. For example, asylum seekers without employers (who constituted the majority of asylum seekers) faced restrictions when enrolling voluntarily as independent workers in the public health system.

Asylum seekers received provisional refugee status documents legalizing their status after appearing for an interview with the General Directorate of Immigration, for which the estimated wait time was eight months. Provisional refugee identity cards do not resemble other national identity documents, and although government authorities generally accepted them, many private citizens did not. Upon receiving refugee status, which typically took two years, refugees could obtain an identity document similar to those used by nationals at a cost of 39,000 colones ($68), renewable every two years.

Refugees and asylum seekers reported that access to health services was difficult. They qualified for public health services only if they were minors, pregnant, or facing a life-threatening emergency, but some individuals reported being denied services even in emergency situations.

Displaced university students who had fled Nicaragua due to harassment for their political opposition activities reported difficulty registering for classes because Costa Rican institutions were inflexible in requiring academic records that they could not obtain from Nicaraguan authorities.

Durable Solutions: The government continued to implement a Protection Transfer Arrangement in coordination with UNHCR and the International Organization for Migration for refugee resettlement in third countries. The government was committed to local integration of refugees both legally and socially and to facilitating their naturalization process.

There continued to be problems of statelessness of indigenous children and children of seasonal workers in the border areas with Panama and Nicaragua derived from the difficulties linked to birth registrations. Members of the Ngobe-Bugle indigenous group from Panama often worked on Costa Rican farms and occasionally gave birth there. In these cases parents did not register Ngobe-Bugle children as Costa Rican citizens at birth because they did not think it necessary, although the children lacked registration in Panama as well. Government authorities worked together with UNHCR on a program of birth registration and provision of identification documents to stateless persons known as Chiriticos. Mobile teams went to remote coffee-growing areas for case identification and registration. UNHCR and the National Civil Registry continued a project along the northern border for individuals of Nicaraguan origin to facilitate procedures for late birth registration.

Section 3. Freedom to Participate in the Political Process

The constitution and laws 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: In April 2018 voters elected PAC’s Carlos Alvarado president during a second round of elections, after no candidate achieved 40 percent of the first-round vote. Presidential and legislative elections are simultaneous. In 2018 legislative elections, the National Liberation Party (PLN) gained the most seats, but it did not achieve majority in the National Assembly. In internal legislative elections in May, PLN won the presidency of the National Assembly for one year in an alliance that included PAC and the Christian evangelical National Restoration Party.

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

Women and persons of African descent were represented in government, but indigenous persons were not. In national elections, political parties must guarantee gender parity across their electoral slates and confirm that gender parity must extend vertically. The electoral code requires that a minimum of 50 percent of candidates for elective office be women, with their names placed alternately with men on the ballots by party slate.

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: The investigations into the 2017 corruption and influence peddling case (known locally as “Cementazo”), related to loans and policies benefiting cement importer Juan Carlos Bolanos, continued. On August 12, a special committee of the National Assembly recommended the Solicitor’s Office reopen the investigations related to a report submitted to the National Assembly in 2018 exonerating former president Solis.

Financial Disclosure: Public officials are subject to financial disclosure laws that require senior officials to submit sworn declarations of income, assets, and liabilities. The law requires income and asset disclosure by appointed and elected officials. The content of the declarations is not available to the public. The law stipulates administrative sanctions for noncompliance and identifies which assets, liabilities, and interests public officials must declare. Officials are required to file a declaration annually and upon entering and leaving office.

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

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

Government Human Rights Bodies: The Ombudsman’s Office reviews government action or inaction that affects citizens’ rights and interests. The ombudsman is accountable to the National Assembly, which appoints the person to a four-year term and funds office operations. The ombudsman participates in the drafting and approval of legislation, promotes good administration and transparency, and reports annually to the National Assembly with nonbinding recommendations. International institutions and nongovernmental organization observers recognized the Ombudsman’s Office as an independent and effective instrument for promoting human rights.

A special committee of the National Assembly studies and reports on problems relating to the violation of human rights, and it also reviews bills relating to human rights and international humanitarian law.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence, and provides penalties from 10 to 18 years in prison for rape. The judicial branch generally enforced the law effectively.

The law prohibits domestic violence and provides measures for the protection of domestic violence victims. Criminal penalties range from 10 to 100 days in prison for aggravated threats and up to 35 years in prison for aggravated homicide, including a sentence of 20 to 35 years for persons who kill their partners.

Violence against women remained a serious problem, and as of August the government reported that nine women had been killed by a partner or spouse. The killing of a woman by her spouse garnered significant public attention, as the perpetrator stabbed the woman multiple times during a domestic dispute while two of her three children (ages five and 11) were present in the home. Authorities arrested the perpetrator. The government launched a public campaign in response to concern about gender-based violence.

Sexual Harassment: The law prohibits sexual harassment in the workplace and educational institutions, and the Ministry of Labor and Social Security generally enforced this prohibition. The law imposes penalties ranging from a letter of reprimand to dismissal, with more serious incidents subject to criminal prosecution.

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

Discrimination: Women enjoy the same legal status and rights as men. The law prohibits discrimination against women and obligates the government to promote political, economic, social, and cultural equality. The law requires that women and men receive equal pay for equal work. The government enforced the laws effectively, although an official study reported a pay gap of 13 percent for highly skilled jobs. On March 18, the National Assembly approved an amendment to the women’s equality law to establish pay equality between men and women in both the public and private sectors and to create an interagency commission for pay equality.

Birth Registration: Citizenship is obtained from birth within the country’s territory or can be derived if either parent is Costa Rican. Birth registration was not always automatic, and migrant children were especially at risk of statelessness since they did not have access to legal documents to establish their identity if their parents did not seek birth registration for them.

Child Abuse: The autonomous National Institute for Children (PANI) reported violence against children and adolescents continued to be a concern, but there was no marked increase in the number of cases of child violence or abuse. Judicial authorities investigated the death of a five-year-old minor who died of internal bleeding caused by parental abuse on May 9. A few days prior, the staff of PANI received a complaint of mistreatment by his parents but did not respond adequately.

Early and Forced Marriage: The minimum legal age of marriage is 18. The law establishes penalties for sex with minors and prohibits child marriage. The crime carries a penalty of up to three years in prison for an adult having sex with a person under age 15, or under 18 if the age difference is more than five years.

Sexual Exploitation of Children: The minimum age of consensual sex is 18 years. The law criminalizes the commercial sexual exploitation of children and provides sentences of up to 16 years in prison for violations. The law provides for sentences of two to 10 years in prison for statutory rape and three to eight years in prison for child pornography. The country was a destination for child sex tourism.

Institutionalized Children: The Ombudsman’s Office requested that PANI take immediate action to reduce overcrowding in shelters for children in government care, as shelters were 31 percent over capacity as of June.

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

The Jewish Zionist Center estimated there were between 3,000 and 3,500 Jews in the country. There were isolated reports of anti-Semitic comments on social media, in particular posts that questioned Israel’s right to exist and posts featuring anti-Semitic stereotypes of the Jewish people, stating they controlled the economy, were accumulating excess wealth, and were practicing a new form of Nazism against Palestinians. In July a former presidential candidate made an anti-Semitic comment in a video against the Jewish owner of an online daily newspaper. Representatives from five political parties in the National Assembly and the editorial of a daily newspaper criticized the commentary.

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

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. The law also establishes a right to employment for persons with disabilities and sets a hiring quota of 5 percent of vacant positions in the public sector. The government did not effectively enforce the law.

Although the law mandates access to buildings for persons with disabilities, the government did not enforce this provision, and many buildings remained inaccessible to persons with disabilities. The Ombudsman’s Office reported inadequate sidewalks and difficulties in access to public transportation as factors hindering the mobility of persons with disabilities. The government policy on education and the national plan for higher education aimed to increase educational opportunities for students with disabilities. Children with disabilities were generally integrated in educational facilities serving children without disabilities.

The Supreme Elections Tribunal took measures (voting procedures, facilities, materials, and trained personnel) to provide for fully accessible elections for all persons with disabilities.

The constitution establishes that the country is a multiethnic and multicultural nation. According to the Ombudsman’s Office, however, the country lacked the legal framework to ensure adequate mechanisms to combat discrimination, facilitate the adoption of affirmative action for individuals who suffer discrimination, and establish sanctions for those who commit discriminatory acts. As of August the government had not appointed a new presidential commissioner for Afro-Descendant Affairs after the previous commissioner resigned in April.

Violence against indigenous people increased during the year. Land ownership continued to be a problem in most indigenous territories. The law protects reserve land as the collective, nontransferable property in 24 indigenous territories; however, 38 percent of that land was in nonindigenous hands.

Amid violent land disputes between indigenous inhabitants and nonindigenous persons, in March two unknown assailants killed indigenous leader Sergio Rojas, who had fought for restoring indigenous lands. On May 20, a delegation from the Inter-American Commission on Human Rights met with President Carlos Alvarado, who had requested a formal meeting following Rojas’s death. Since 2015 the commission had recommended the government provide protective measures to the Bribri and Teribe indigenous peoples, and the government indicated it would comply with the recommendations. The Ombudsman’s Office increased its efforts to engage with indigenous communities in the wake of Rojas’ murder. Law enforcement authorities were still looking for suspects as of October.

On August 9, the Ombudsman’s Office reported concerns over access to potable water services in some indigenous communities and called on the government to meet security requirements in indigenous territories. During the year the government began a consultative process of a public policy for indigenous peoples (2019-24) to protect their individual and collective rights. On August 8, the government signed a law to protect the right of nationality of the Ngabe cross-border indigenous persons and approved an executive order declaring of official interest the genealogy database, which is used to establish claims to the Broran (Terraba) territory.

Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws. Four executive orders and two directives provide for equal rights, including migration rights to same-sex couples and recognition of the right of sexual identity and gender for identification documents of foreign nationals; grant access to housing allowances for same-sex couples; and end the prohibition for public notaries to register same-sex marriages.

There were cases of discrimination against persons based on sexual orientation, ranging from employment, police abuse, and education to access to health-care services. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals experienced discrimination within their own families due to their sexual orientation, gender identity or expression, and sex characteristics. On May 17, President Alvarado signed two directives aimed at strengthening protections in public-sector employment for LGBTI populations. The commissioner for LGBTI issues also presented new regional commissions focused on fighting homophobia and discrimination based on sexual orientation.

Although the law prohibits discrimination based on HIV/AIDS in health care, housing, employment, and education, some discrimination was reported.

Labor discrimination towards HIV patients continued; some persons reported losing their jobs due to discrimination, their deteriorating health, or both, although the problem was not widespread. The government had not taken concrete steps to combat discrimination based on HIV/AIDS status despite having adopted a National Strategic Plan on HIV and AIDS (2016-21).

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government respected these rights. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. Unions must register, and the law provides a deadline of 15 days for authorities to reply to a registration request. Restrictions on the minimum number of employees (12) needed to form a union may have hampered freedom of association in small enterprises. The law permits foreign workers to join unions but prohibits them from holding positions of authority within the unions, except for foreign workers who are married to citizens of the country and have legally resided in the country for at least five years.

The labor code stipulates that at least 50 percent of the workers in an enterprise must vote to support a strike. The law, however, adds that even if there is no union at the enterprise or if the union lacks the support of 50 percent of the workforce, a strike may be initiated if 35 percent of the workers call for a vote, by secret ballot. The law restricts the right to strike for workers in services designated as essential by the government, including in sectors such as oil refineries and ports that are not recognized as essential services under international standards.

The law also permits two other types of worker organizations unique to the country: “solidarity associations,” legal entities recognized by the constitution that have both management and employee membership and serve primarily to administer funds for severance payments; and “permanent committees,” enterprise-level bodies made up of three workers elected to negotiate “direct agreements” with employers. Both entities may coexist and share membership with labor unions. The law also requires that permanent committee members be elected freely by secret ballot without intervention of the employer.

The law requires employers to initiate the bargaining process with a trade union if more than one-third of the total workforce, including union and nonunion members, requests collective bargaining, but the law also permits direct bargaining agreements with nonunionized workers. The law prohibits solidarity associations from representing workers in collective bargaining negotiations or in any other way that assumes the functions or inhibits the formation of trade unions. Although public-sector employees are permitted to bargain collectively, the Supreme Court held that some fringe benefits received by certain public employees were disproportionate and unreasonable, and it repealed sections of collective bargaining agreements between public-sector unions and government agencies, thus restricting this right in practice. In May the Constitutional Chamber of the Supreme Court repealed sections of the collective bargaining agreement between the labor union (Sitrapequia) and the National Oil Refinery (Recope). The court’s decision also ratified the ceiling of 12 years for severance pay when an employee is terminated.

The government effectively enforced applicable laws, and penalties were sufficient to deter violations. While the law establishes sanctions (fines and fees) for infractions, only the judiciary has the authority to apply such sanctions. The amount of fines and fees is determined by the severity of the infraction and is based on the minimum wage. The reformed labor code requires labor claims to be processed within two years and sets up a special summary procedure for discrimination claims. The reformed labor code also strengthens protections for labor union members, including protections against discrimination based on labor affiliation and special protections via special expedited proceedings. The Labor Ministry reported an increase in the number of fines collected and in the scheduling of hearings since the reformed labor code entered into force in 2018.

Freedom of association and collective bargaining were generally respected. Labor unions asserted that solidarity associations set up and controlled permanent committees at many workplaces, which in turn conducted negotiations and established direct agreements. Labor unions also asserted that employers sometimes required membership in a solidarity association as a condition for employment. To the extent that solidarity associations and permanent committees displaced trade unions, they affected the independence of workers’ organizations from employers’ influence and infringed on the right to organize and bargain collectively. In recent years the International Labor Organization (ILO) reported an expansion of direct agreements between employers and nonunionized workers and noted its concern that the number of collective bargaining agreements in the private sector continued to be low when compared with a high number of direct agreements with nonunionized workers.

In some instances employers fired employees who attempted to unionize. The Ministry of Labor reported 16 cases of firing a labor leader and 22 complaints of antiunion discrimination (dismissal of labor leader) from January to July. There were reports some employers also preferred to use “flexible,” or short-term, contracts, making it difficult for workers to organize and collectively bargain. Migrant workers in agriculture frequently were hired on short-term contracts (five months) through intermediaries, faced antiunion discrimination and challenges in organizing, and were often more vulnerable to labor exploitation.

The ILO noted no trade unions operated in the country’s export-processing zones and identified the zones as a hostile environment for organizing. Labor unions asserted that efforts by workers in export-processing zones to organize were met with illegal employment termination, threats, and intimidation and that some employers maintained blacklists of workers identified as activists.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. The government effectively enforced the law. The law establishes criminal penalties for trafficking in persons crimes that are proportional to the severity of the crimes and were sufficient to deter violations. In 2018 the Attorney General’s Office reported two convictions of trafficking for labor exploitation involving two victims from Nicaragua and another from Guatemala.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The child and adolescence code prohibits labor of all children younger than age 15 without exceptions, including the worst forms of child labor; it supersedes the minimum working age of 12 established in the labor code. Adolescents between the ages of 15 and 18 may work a maximum of six hours daily and 36 hours weekly. The law prohibits night work and overtime for minors. The law prohibits children younger than age 18 from engaging in hazardous or unhealthy activities and specifies a list of hazardous occupations. The government generally enforced child labor laws effectively in the formal sector but not in the informal sector.

Child labor occurred primarily in the informal economy, especially in the agricultural, commercial, and industrial sectors. The worst forms of child labor occurred in agriculture on small third-party farms in the formal sector and on family farms in the informal sector. Forced child labor reportedly occurred in some service sectors, such as construction, fishing, street vending, and domestic service, and some children were subject to commercial sexual exploitation (see section 6, Children).

While the Ministry of Labor is responsible for enforcing and taking administrative actions against possible violations of, or lack of compliance with, child labor laws, the Prosecutor’s Office intervenes in cases regarding the worst forms of child labor. The government effectively enforced the law. As with other labor laws, the authority to sanction employers for infractions lies solely with the judiciary, and the law requires labor inspectors to initiate legal cases with the judiciary after exhausting the administrative process. The amount of fines and fees is determined by the severity of the infraction and is based on an equation derived from the minimum wage. Penalties were generally sufficient to deter violations.

On June 12, the government announced that 500 working minors returned to schools after receiving conditional cash transfers through an agreement between the Labor Ministry and the Welfare Institute.

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

d. Discrimination with Respect to Employment and Occupation

The laws and regulations prohibit discrimination regarding race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV-positive status, or other communicable diseases status. The labor code prohibits discrimination based on age, ethnicity, gender, religion, race, sexual orientation, civil status, political opinion, nationality, social status, affiliation, disability, labor union membership, or economic situation. The government effectively enforced these laws and regulations, and penalties were sufficient to deter violations. The Labor Ministry reported seven cases of discrimination from January to June. The ministry continued to implement a gender-equality perspective into labor inspections to identify areas of vulnerability.

Discrimination in employment and occupation occurred with respect to persons with disabilities and the LGBTI population. Discrimination against migrant workers occurred, and there were reports of instances of employers using threats of deportation to withhold their wages.

e. Acceptable Conditions of Work

The wage council of the Ministry of Labor sets the minimum wage scale for the public and private sectors twice a year. Monthly minimum wages were above the poverty line. The national minimum wage applied to both Costa Rican and migrant workers. The law sets workday hours, overtime remuneration, days of rest, and annual vacation rights. Workers generally may work a maximum of eight hours a day or 48 hours weekly. Workers are entitled to one day of rest after six consecutive days of work, except in the agricultural sector, and annual paid vacations. The law provides that workers be paid for overtime work at a rate 50 percent above their stipulated wage or salary. Although there is no statutory prohibition against compulsory overtime, the labor code stipulates the workday may not exceed 12 hours, except in the agricultural sector when there is “imminent risk of harm…to the harvest” when work cannot be suspended and workers cannot be substituted.

The government maintains a dedicated authority to enforce occupational safety and health (OSH) standards. The OSH standards are appropriate for the main industries in the country, according to the National Council of Occupational Safety and Health. The Labor Ministry’s National Council of Occupational Health and Safety is a tripartite OSH regulatory authority with government, employer, and employee representation. Penalties were sufficient to deter violations, although the government did not enforce these standards effectively in either the formal or the informal sectors.

Workers may remove themselves from situations that endanger health or safety without jeopardizing their employment. According to the Labor Ministry, this is a responsibility shared by the employer and employee. The law assigns responsibility to the employer, including granting OSH officers access to workplaces, but it also authorizes workers to seek assistance from appropriate authorities (OSH or labor inspectors) for noncompliance with OSH workplace standards, including risks at work.

The Ministry of Labor’s Inspection Directorate is responsible for labor inspection, in collaboration with the Social Security Agency and the National Insurance Institute. The directorate employed labor inspectors, who investigated all types of labor violations. The number of labor inspectors was insufficient to deter violations. According to the Ministry of Labor, inspections occurred both in response to complaints and at the initiative of inspectors. The directorate stated it could visit any employer, formal or informal, and inspections were always unannounced.

The Labor Ministry generally addressed complaints by sending inspection teams to investigate and coordinate with each other on follow-up actions. As with other labor laws, inspectors cannot fine or sanction employers who do not comply with laws on acceptable conditions of work; rather, they investigate and refer noncompliance results to labor courts. The process of fining companies or compelling employers to pay back wages or overtime has traditionally been subject to lengthy delays.

The Ministry of Labor generally enforced minimum wages effectively in the San Jose area but less effectively in rural areas, particularly where large numbers of migrants were employed, and in the large informal sector, which comprised 46 percent of employment as of June. The ministry publicly recognized that many workers, including in the formal sector, received less than the minimum wage, mainly in the agricultural sector. The ministry implemented labor inspections with an emphasis on minimum wage and social security registration to improve the quality of life of workers. Penalties were sufficient to deter violations.

Observers expressed concern about exploitative working conditions in fisheries, small businesses, and agricultural activities. Unions also reported systematic violations of labor rights and provisions concerning working conditions, overtime, and wages in the export-processing zones. Labor unions reported overtime pay violations, such as nonpayment of wages and mandatory overtime, were common in the private sector and particularly in export-processing zones and agriculture. There were reports that agricultural workers, particularly migrant laborers in the pineapple industry, worked in unsafe conditions, including exposure to hazardous chemicals without proper training. In April a private pineapple-producing company located in Upala closed and dismissed its employees without paying wages, severance, or social security fees, although the Labor Ministry mediated between the employees and employers.

Dominican Republic

Executive Summary

The Dominican Republic is a representative constitutional democracy. In 2016 Danilo Medina of the Dominican Liberation Party (PLD) was re-elected president for a second four-year term. Impartial outside observers assessed the election as generally free and orderly.

The National Police and the Tourist Police maintain internal security. They report to the Minister of Interior and Police and through him to the president. The Airport Security Authority, Port Security Authority, and Border Security Corps have some domestic security responsibilities and report to the Ministry of Armed Forces and through that ministry to the president. The National Drug Control Directorate, which has personnel from both the police and the armed forces, reports directly to the president. The National Department of Intelligence reports directly to the president. Both the National Drug Control Directorate and the National Department of Intelligence have significant domestic security responsibilities. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included reports of unlawful or arbitrary killings by government security forces; torture by police and other government agents; arbitrary detention; harsh and life-threatening prison conditions; arbitrary interference with privacy; serious problems with the independence of the judiciary; criminal libel for individual journalists; serious government corruption; police violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons; and forced and child labor.

The government took some steps to punish officials who committed human rights abuses, but there were widespread reports of official impunity and corruption, especially among senior officials.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. Media expressed a wide variety of views, but the concentration of media ownership, weaknesses in the judiciary, and political influence limited the media’s independence.

Freedom of Expression: Individuals and groups were generally able to criticize the government publicly and privately without reprisal, although there were several incidents in which authorities intimidated members of the press. In September a television news program hosted by a well known journalist was canceled two days after presenting an investigative report alleging that the attorney general’s sister received no-bid government contracts worth 750 million pesos ($15 million), positioning her as the sole supplier of asphalt products to the government. The program demonstrated that at the time the contracts were signed, the sister was drawing a salary as an employee of the Ministry of Public Works. The journalist alleged his program was canceled after the attorney general called the station owner and threatened legal action. On September 30, the journalists’ association held a press conference denouncing political interference to silence reporting on corruption.

Violence and Harassment: Journalists and other persons who worked in media were occasionally harassed or physically attacked. Some media outlets reported that journalists, specifically in rural areas, received threats for investigating or denouncing criminal groups or official corruption. In October a local television commentator in Monte Plata Province reported he received threats due to his coverage critical of local politicians’ connections with narcotics traffickers. The Inter American Press Association reported journalists suffered violent attacks from military and police security details of government officials, particularly while covering civil-society-led protests.

Some media outlets chose to omit the bylines of journalists reporting on drug trafficking and other security matters to protect the individual journalists.

Censorship or Content Restrictions: The constitution provides for protection of the confidentiality of journalists’ sources and includes a “conscience clause” allowing journalists to refuse reporting assignments. Journalists practiced self-censorship, particularly when coverage could adversely affect the economic or political interests of media owners. Observers suggested the government influenced the press through advertising contracts. A prominent journalist who hosted a highly rated news and commentary television show stated that her exit from traditional media was one example of the government’s influence on media outlets. She highlighted that the government spent close to 12.5 million pesos ($250,000 daily) in advertisements.

Libel/Slander Laws: The law criminalizes defamation and insult, with harsher punishment for offenses committed against public or state figures than for offenses against private individuals. The Dominican College of Journalists reported that journalists were sued by politicians, government officials, and the private sector to pressure them to stop reporting. The law penalizes libel for statements concerning the private lives of certain public figures, including government officials and foreign heads of state.

In July the Constitutional Tribunal annulled an article in the electoral law that set prison sentences of three to 10 years for defamatory and libelous messages and for false campaigns published through media that damage the honor and privacy of political candidates. The tribunal ruled the article violated the right to freedom of speech established in the constitution. The tribunal also declared unconstitutional a paragraph in the law that penalized the publication of negative messages on social media that damage the public image of candidates.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Civil society representatives reported that citizens of Haitian descent, those perceived to be a Haitian, and Haitian migrants faced obstacles while traveling within the country. NGOs reported that security forces at times asked travelers to show immigration and citizenship documents at road checkpoints throughout the country. Citizens of Haitian descent and migrants without valid identity documents reported fear of swift deportation when traveling within the country, especially near the border with Haiti (see also section 1.d.).

Not applicable.

f. Protection of Refugees

The government cooperated in a limited manner 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, and other persons of concern.

Government officials and NGOs estimated between 40,000 and 100,000 Venezuelans lived in the country. In December the government instituted a regulation requiring Venezuelans to apply for a tourist visa before entry into the country. Previously, Venezuelans needed only a valid passport and could receive a tourist visa at the point of entry. Many Venezuelans resident in the country entered legally before the new regulation and stayed longer than the three-month allowance.

The government did not issue guidelines to facilitate the regularization of status for Venezuelans living in the country. The inability to apply for in-country adjustment of status hindered Venezuelans’ access to basic services and increased their vulnerability to labor exploitation and trafficking. Venezuelan immigrant associations, with the support of the IOM, coordinated with Dominican government entities to provide public-health and essential legal services for Venezuelan immigrants.

Refoulement: Although the constitution prohibits administrative detention and the law establishes that asylum seekers should not be detained under any circumstance, there were reports of persons potentially in need of international protection being denied admission at the point of entry and subsequently being deported to their countries of origin without being granted access to the asylum process (see also section 1.d.).

Access to Asylum: The law provides for the granting of asylum or refugee status. While the government has established a system for providing protection to refugees, it did not effectively implement it. The government recognized and issued identity documents to very few refugees during the past few years. The government did not respond to requests for the current number of asylum seekers.

The National Office of Refugees in the Migration Directorate of the National Commission for Refugees (CONARE) is an interministerial body responsible for adjudicating asylum claims. The law requires individuals to apply for asylum within 15 days of arrival in the country. If an asylum seeker is in the country for more than 15 days and does not apply for asylum, the individual permanently loses the right to apply for asylum. The law also rejects any asylum application from an individual who was in, or who proceeds from, a foreign country where the individual could have sought asylum. Thus, the government makes inadmissibility determinations administratively before an asylum interview or evaluation by CONARE.

According to refugee NGOs, there was no information posted at ports of entry to provide notice of the right to seek asylum, or of the timeline and process for doing so. Furthermore, NGOs reported that immigration officials did not appear to understand how to handle asylum cases consistent with the country’s international commitments. By law the government must give due process to asylum seekers. Persons expressing a fear of return to their country of nationality or habitual residence should be allowed to apply for asylum under the proper procedures. Nonetheless, there was generally neither judicial review of deportation orders nor any third-party review of “credible fear” determinations.

UN officials reported asylum seekers were not properly notified of inadmissibility decisions. CONARE did not provide rejected asylum seekers with details of the grounds for the rejection of their asylum application or with information on the appeal process. Rejected applicants received a letter saying they had 30 days to leave the country voluntarily. Government policy is that from the time they receive the notice of denial, rejected asylum seekers have seven days to file an appeal. The letter providing the notice of denial does not mention this right of appeal.

UN officials said a lack of due process in migration procedures resulted in arbitrary detention of persons of concern with no administrative or judicial review (see also section 1.d.). As a result, asylum seekers and refugees in the country were at risk of refoulement and prolonged detention.

During the year government authorities participated in UNHCR-sponsored training designed to ensure that asylum procedures are fair, efficient, and gender-sensitive. Reports of discriminatory practices against female asylum seekers and refugees continued, however. The country failed to implement a gender-sensitive identification system for female asylum seekers and refugees, including potential victims of trafficking and sexual exploitation.

Freedom of Movement: Persons claiming asylum often waited months to receive a certificate as an asylum seeker and to be registered in the government database. The certificate must be renewed every 30 days in the national office in Santo Domingo, forcing asylum seekers who live outside Santo Domingo to return to the capital monthly or lose their claim to asylum. Asylum seekers with pending cases only had this certificate, or nothing at all, to present to avoid deportation. This restricted their freedom of movement. In cases where approved asylum seekers were detained for lack of documentation, refugee organizations were able to advocate for their release.

Some refugees recognized by CONARE were either issued travel documents that were not accepted in visa application processes, or they were not issued travel documents at all.

Employment: The government prohibited asylum seekers with pending cases from working. This situation was complicated by the long, sometimes indefinite waiting periods for pending asylum cases to be resolved. Lack of documentation also made it difficult for refugees to find employment. Employment was, nonetheless, a requirement for the government to renew refugees’ temporary residency cards.

Access to Basic Services: Approved refugees have the same rights and responsibilities as legal migrants with temporary residence permits. Approved refugees have the right to access education, employment, health care, and other social services. Nonetheless, refugee organizations reported that problems remained. Only those refugees able to afford health insurance were able to access adequate health care. Refugees reported their government-issued identification numbers were sometimes not recognized, and thus they could not open a bank account or enter service contracts for basic utilities. Refugees had to rely on friends or family for such services.

Temporary Protection: The law enables undocumented migrants in the country to apply for temporary legal residency. Although the exact number of undocumented migrants was unknown, the law granted temporary residency status to more than 260,000 applicants (97 percent of whom were Haitian). As of August 2018, 196,000 persons renewed temporary status, which was due to expire in 2020. Civil society organizations expressed concern that many plan participants lacked passports, which could hinder their ability to renew their status.

No temporary residence documents were granted to asylum seekers; those found to be admissible to the process were issued a certificate that provided them with protection from deportation but did not confer other rights. This certificate often took months to be delivered to asylum seekers. Due in part to this delay, both refugees and asylum seekers lived on the margins of the migration system. Foreigners often were asked to present legal migration documents to obtain legal assistance or access the judicial system; therefore, many refugees and asylum seekers were unable to access legal help for situations they faced under criminal, labor, family, or civil law.

Refugees recognized by CONARE underwent annual re-evaluation of their need for international protection, a procedure counter to international standards. Refugees were issued one-year temporary residence permits that could not be converted to a permanent residence permit.

A constitutional change in 2010 and a 2013 Constitutional Tribunal ruling revised the country’s citizenship laws. One effect was to strip retroactively Dominican citizenship from approximately 135,000 persons, mostly the children of undocumented Haitian migrants, who had previously been conferred Dominican citizenship by virtue of jus soli (birthright citizenship) since 1929. The Inter-American Commission on Human Rights (IACHR) found that these legal revisions led to statelessness for the persons who lost their Dominican citizenship. UN officials and NGOs said the legal changes had a disproportionate and negative impact on women and their children, in part because the law treats foreign-born mothers differently than foreign-born fathers.

The government subsequently passed a law creating a mechanism to provide citizenship papers or a naturalization process to stateless persons. The exact mechanism depended on the documentary status of the individual at the time the citizenship law changed. In practice the new documentation mechanism was only partially successful. Many stateless persons did not register for the mechanism before the deadline.

Dominican-born persons without citizenship or identity documents faced obstacles traveling both within and outside the country. Authorities attempted to deport some of these persons between 2015 and 2019 but were prevented by IOM intervention. The stateless persons had limited access to electoral participation, formal-sector jobs, public education, marriage and birth registration, formal financial services such as loans, court and judicial procedures, and ownership of land and property.

The government agreed in 2017 to address 12 priority issues related to these stateless persons. In March the IACHR noted that the government had partially implemented solutions to this list of issues.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage. The constitution prohibits active-duty police and military personnel from voting or participating in partisan political activities.

Recent Elections: In 2016 voters participated in general elections for all levels of government and elected Danilo Medina of the PLD as president for a second four-year term. The Central Electoral Board (JCE) instituted a system of electronic voting during the 2016 election. According to international observers and experts on electronic voting systems, the JCE did not follow international standards, as it neither audited nor gradually implemented the system. On election day many electronic voting systems failed or were unused. The JCE did not announce final, official results with all ballots counted until 13 days after the elections. Many congressional and municipal races remained contested for weeks, leading to sporadic protests and violence. On election day in 2016, the Organization of American States (OAS) and domestic observers noted widespread political campaigning immediately outside of voting centers, in violation of the law. They also noted indications of vote buying.

Political Parties and Political Participation: A political parties law promulgated in August 2018 seeks to formalize certain political party processes, including party primaries, financing, and establishment of new political parties. The electoral institutions and courts were interpreting and implementing the new law during the 2019-20 national electoral cycle. By law major parties, defined as those that received 5 percent of the vote or more in the previous election, receive 80 percent of public campaign finances, while minor parties share the remaining 20 percent of public funds. The OAS and domestic NGOs criticized this allocation of funding as unequal and unfair. Civil society groups criticized the government and the incumbent PLD party for using public funds to pay for advertising in the months leading up to the 2016 elections, although the law prohibits the use of public funds for campaigns. According to civil society groups, revenue from government advertising influenced media owners to censor voices that disagreed with their largest client, the PLD.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. The law stipulates that at least 40 percent of a political party’s nominees must be women.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. The attorney general investigated allegedly corrupt officials.

NGOs noted the greatest hindrance to effective investigations was a lack of political will to prosecute individuals accused of corruption, particularly well connected individuals or high-level politicians. Government corruption remained a serious problem and a public grievance.

Corruption: In September the Supreme Court began a trial against six of the 14 defendants indicted in 2017 for alleged links to $92 million in bribes paid by the Brazilian construction company Odebrecht to obtain public works contracts. The six defendants included a senator, a lower house representative, a former senator, and a former minister of public works. Civil society welcomed the trial as a step forward in the fight against corruption, but activists highlighted what they perceived as a lack of political will thoroughly to investigate the case, which involved the country’s political and economic elites.

In June an International Consortium of Investigative Journalists report revealed that in addition to the publicly reported $92 million in bribes, Odebrecht distributed another $39.5 million in inducements during the construction of the Punta Catalina coal-fired power plant. After this report was made public, the Attorney General’s Office questioned financial consultants involved in the plant’s tendering process but did not file any additional charges. The attorney general and a government-appointed commission previously dismissed allegations of irregularity in the plant’s contracting process.

NGOs criticized the widespread practice of awarding government positions as political patronage. They alleged many civil servants received a government salary without performing any work. Some small municipalities had more employees on the payroll than their physical offices could accommodate.

NGOs and individual citizens regularly reported acts of corruption by various law enforcement officials, including police officers, immigration officials, and prison officials. The government on occasion used nonjudicial punishments for corruption, including dismissal or transfer of military personnel, police officers, judges, and other minor officials. Widespread acceptance and tolerance of petty corruption, however, hampered anticorruption efforts.

Financial Disclosure: The law requires the president, vice president, members of congress, some agency heads, and some other officials, including tax and customs duty collectors, to declare their personal property within 30 days of being hired, elected, or re-elected as well as when they end their responsibilities. These declarations are made public. The constitution further requires public officials to declare the provenance of their property. The Chamber of Accounts is responsible for receiving and reviewing these declarations. Many public officials did not comply. NGOs questioned the veracity of the declarations, as amounts often fluctuated significantly from year to year, and total declared assets often appeared unrealistically low.

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

A number of domestic and international organizations generally operated without government restriction, investigating and publishing their findings on human rights cases. While government officials often were cooperative and responsive to their views, human rights groups that advocated for the rights of Haitians and persons of Haitian descent faced occasional government obstruction.

Government Human Rights Bodies: The constitution establishes the position of human rights ombudsman. The ombudsman’s functions are to safeguard human rights and protect collective interests. There is also a human rights commission, chaired by the minister of foreign affairs and the attorney general. The Attorney General’s Office has its own human rights division.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, domestic violence, and other forms of violence, such as incest and sexual aggression. The sentences for rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000). The Attorney General’s Office oversees the specialized Violence Prevention and Attention Unit, which had 19 offices in the country’s 32 provinces. The Attorney General’s Office instructed its officers not to settle cases of violence against women and to continue judicial processes even when victims withdrew charges. District attorneys provided assistance and protection to victims of violence by referring them to appropriate institutions for legal, medical, and psychological counseling.

The Ministry of Women actively promoted equality and the prevention of violence against women through implementing education and awareness programs, as well as training other ministries and offices. The ministry operated shelters and provided counseling services, although NGOs argued these efforts were inadequate.

Despite government efforts, violence against women, including rape, was pervasive. In September attorney Anibel Gonzalez was shot and killed by her former husband Yasmil Fernandez, who then committed suicide. Fernandez previously attacked Gonzalez in 2017 and was sentenced to five years in prison for attempted murder. Press, civil society, and politicians called for an investigation and heavily criticized the Attorney General’s Office for its handling of the case. The press and civil society questioned why Fernandez was permitted a cell phone while incarcerated, from which he placed harassing calls to Gonzalez, and questioned why, in contravention of the law, Fernandez was released on parole before completing one-half of his sentence. Media reported the Attorney General’s Office transferred a prosecutor who opposed Fernandez’s petition for early release. Her successor granted Fernandez parole in violation of the law. Following a similar incident in November that also resulted in the murder of a victim by her recently paroled former husband, the Attorney General’s Office pressed civil charges against the prosecutor involved in both cases.

Sexual Harassment: Sexual harassment in the workplace is a misdemeanor, and conviction carries a sentence of one year in prison and a fine equal to the sum of three to six months of salary. Union leaders reported the law was not enforced and that sexual harassment remained a problem.

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

Discrimination: Although the law provides women and men the same legal rights, women did not enjoy social and economic status or opportunity equal to that of men. In November the Latin American Public Opinion Project published findings that 66 percent of Dominicans believed a woman’s children suffer when she works outside of the home.

Birth Registration: Citizenship comes with birth in the country, except to children born to diplomats, to those who are “in transit,” or to parents who are illegally in the country (see also section 2.g.). A child born abroad to a Dominican mother or father may also acquire citizenship. A child not registered at birth remains undocumented until parents file a late declaration of birth.

Education: The constitution stipulates free, compulsory, and universal public education through age 18. Public schools enrolled children who lacked identity documentation and promoted undocumented children between grades, although an identity document was necessary for the Ministry of Education to issue a high-school diploma. The Ministry of Education and the Vice President’s Office, through the Progressing with Solidarity program, worked with families to assist with late registration of birth and identity documentation.

Child Abuse: Abuse of children, including physical, sexual, and psychological abuse, was a serious problem. The law contains provisions concerning child abuse, including physical and emotional mistreatment, sexual exploitation, and child labor. The law provides for sentences of two to five years’ incarceration and a fine of three to five times the monthly minimum wage for persons convicted of abuse of a minor.

Early and Forced Marriage: The legal minimum age for marriage with parental consent is 16 for boys and 15 for girls. Marriage, particularly of female minors, younger than age 18 was common. According to a 2019 UNICEF-supported government survey, 12 percent of girls were married by age 15 and 36 percent by age 18. In addition, 22 percent of girls ages 15 to 19 had been pregnant, an issue directly related to early marriage. Girls often married much older men. Child marriage occurred more frequently among girls who were uneducated, poor, and living in rural areas. More than one-half of women in the country’s poorest quintile were married by age 17.

Sexual Exploitation of Children: The law defines statutory rape as sexual relations with anyone younger than age 18. NGOs noted that due to the law that allows marriage with parental consent for girls as young as 15, some men arrange to marry girls to avoid prosecution for statutory rape. Penalties for conviction of statutory rape are 10 to 20 years in prison and a fine of 100,000 to 200,000 pesos ($2,000 to $4,000).

Children were exploited for commercial sex, particularly in coastal, tourist locations and major urban areas. The government conducted programs to combat the sexual exploitation of minors.

Displaced Children: Large populations of children, primarily Haitians or Dominicans of Haitian descent, lived on the streets and were vulnerable to trafficking.

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

The Jewish community comprised approximately 350 persons. There were no reports of anti-Semitic acts.

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

Although the law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, these individuals encountered discrimination in employment, education, the judicial system, and in obtaining health care and transportation services. The law provides for access to basic services and physical access for persons with disabilities to all new public and private buildings. It also specifies that each ministry should collaborate with the National Disability Council to implement these provisions. Authorities worked to enforce these provisions, but a gap in implementation persisted. Very few public buildings were fully accessible. The Attorney General’s Office signed an agreement with the Council on People with Disabilities to provide services and accessibility to persons with disabilities who access the justice system.

The Dominican Association for Rehabilitation received support from the Secretariat of Public Health and from the Office of the Presidency to provide rehabilitation assistance to persons with physical and learning disabilities and to operate schools for children with physical and mental disabilities. Lack of accessible public transportation was a major impediment.

The law states the government should provide access to the labor market and to cultural, recreational, and religious activities for persons with disabilities, but the law was not consistently enforced. There were three government centers for care of children with disabilities–in Santo Domingo, Santiago de los Caballeros, and San Juan de la Maguana. The most recent information, from a 2016 Ministry of Education report, found that 80 percent of registered students with disabilities attended some form of school.

The law prohibits discrimination on the basis of skin color and nationality. There was evidence of racial prejudice and discrimination against persons of dark complexion, Haitians, or those perceived to be Haitian. The government denied such prejudice or discrimination existed and did little to address the problem. Civil society and international organizations reported that officials denied health care and documentation services to persons of Haitian descent and Haitian migrants (see also sections 1.d., 2.d., and 2.g.).

According to media reports, in June a mob in Santiago lynched one Haitian immigrant and severely injured another. The men were falsely accused of killing a Dominican. The true killer, the victim’s relative, later confessed to the crime. At year’s end no one had been arrested for either the killing or the violent assault on the Haitian immigrants.

A 2017 National Statistics Office and UN Population Fund study estimated Haitians constituted 7.4 percent of the population, of whom two-thirds were Haitian-born immigrants and one-third were persons of Haitian descent. In March the IACHR noted the absence of a comprehensive policy to prevent, protect from, and punish acts of violence against Haitian nationals in the country. The IACHR assessed that the government had partially implemented the IACHR’s 2017 recommendations to address this concern.

The constitution upholds the principles of nondiscrimination and equality before the law, but it does not specifically include sexual orientation or gender identity as protected categories. It prohibits discrimination on the grounds of “social or personal condition” and mandates that the state “prevent and combat discrimination, marginalization, vulnerability, and exclusion.” The law prohibits discrimination based on sexual orientation and gender identity only for policies related to youth and youth development.

In March, Amnesty International released a report detailing incidents of police rape and abuse of transgender sex workers (see also section 1.c.). Other NGOs reported police abuse, including arbitrary arrest, police violence, and extortion against LGBTI persons. According to civil society organizations, authorities failed to properly document or investigate the incidents that were reported. According to a report presented by civil society to the UN Human Rights Committee, the law does not provide for the prosecution of hate crimes against LGBTI individuals based on their sexual orientation or gender identity.

Discrimination limited the ability of LGBTI persons to access education, employment, health care, and other services. NGOs reported widespread discrimination against LGBTI persons, particularly transgender individuals and lesbians, in health care, education, justice, and employment. LGBTI individuals often faced intimidation and harassment.

Although the law prohibits the use of HIV testing to screen employees, Human Rights Watch, Amnesty International, and the International Labor Organization (ILO) reported that workers in various industries faced obligatory HIV testing. Workers were sometimes tested without their knowledge or consent. Many workers found to have the disease were not hired, and some of those already employed were either fired from their jobs or denied adequate health care.

On a number of occasions, citizens attacked and sometimes killed alleged criminals in vigilante-style reprisals for theft, robbery, or burglary.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, with the exception of the military and police, to form and join independent unions, conduct legal strikes, and bargain collectively; however, it places several restrictions on these rights. For example, a requirement, considered excessive by the ILO, restricts trade union rights by requiring unions to represent 51 percent of the workers in an enterprise in order to bargain collectively. In addition the law prohibits strikes until mandatory mediation requirements have been met. Formal requirements for a strike to be legal also include the support of an absolute majority of all company workers for the strike, written notification to the Ministry of Labor, and a 10-day waiting period following notification before the strike can proceed. Government workers and essential public service personnel may not strike. The government considers teachers as essential, as are public service workers in communications, water supply, energy supply, hospitals, and pharmacies.

The law prohibits antiunion discrimination and forbids employers from dismissing an employee for participating in union activities, including being on a committee seeking to form a union. Although the Ministry of Labor must register unions for the unions to be legal, the law provides for automatic recognition of a union if the ministry does not act on an application within 30 days. The law allows unions to conduct their activities without government interference. Public-sector workers may form associations registered through the Office of Public Administration. The law requires that 40 percent of employees of a government entity agree to join for the association to be formed. According to the Ministry of Labor, the law applies to all workers, including foreign workers, those working as domestic workers, workers without legal documentation, and workers in the free-trade zones (FTZs).

The government did not effectively enforce laws related to freedom of association and collective bargaining. Enforcement and penalties were not sufficient to deter violations. The process for addressing labor violations through criminal courts can take years, leaving workers with limited protection in the meantime. There were reports of intimidation, threats, and blackmail by employers to prevent union activity. Some unions required members to provide identity documents to participate in the union despite the fact that the labor code protects all workers regardless of their legal status.

Labor NGOs reported companies resisted collective negotiating practices and union activities. Companies reportedly fired workers for union activity and blacklisted trade unionists, among other antiunion practices. Workers reported they believed they had to sign documents pledging to abstain from participating in union activities. Companies also created and supported “yellow” or company-backed unions to counter free and democratic unions. Formal strikes occurred but were not common.

Some companies used short-term contracts and subcontracting, which made union organizing and collective bargaining more difficult. Few companies had collective bargaining pacts, partly because companies created obstacles to union formation and could afford to go through lengthy judicial processes that independent unions could not afford.

Unions in the FTZs, which are subject to the same labor laws as all other workers, reported that their members hesitated to discuss union activity at work due to fear of losing their jobs. Unions accused some FTZ companies of dismissing workers who attempted to organize unions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The law prescribes imprisonment and fines for persons convicted of engaging in forced labor. Such penalties were sufficiently stringent to deter violations.

The government reported it received no forced labor complaints during the year but there were reports of forced labor of adults and children in construction, agriculture, and services.

The law applies equally to exploitation of migrant workers, but Haitian workers’ lack of documentation and uncertain legal status in the country made them more vulnerable to forced labor. NGOs reported many irregular Haitian laborers and citizens of Haitian descent did not exercise their rights due to fear of being fired or deported.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of children younger than age 14 and places restrictions on the employment of children younger than age 16, limiting their working hours to six hours per day. For persons younger than age 18, the law limits night work and prohibits employment in dangerous work such as work involving hazardous substances, heavy or dangerous machinery, and carrying heavy loads. The law provides penalties for child labor violations, including fines and prison sentences. Penalties were sufficient to deter violations.

The Ministry of Labor, in coordination with the National Council for Children and Adolescents, the National Police, the Attorney General’s Office, and the Specialized Corps for Tourist Safety Local Vigilance Committees, is responsible for enforcing child labor laws, and they did effectively enforce the law. The government has established mechanisms to coordinate its efforts on child labor.

The porous border with Haiti allowed some Haitian children to be trafficked into the country, where they were forced into commercial sexual exploitation or forced to work in agriculture, often alongside their parents, domestic work, street vending, or begging (see also section 6).

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

d. Discrimination with Respect to Employment and Occupation

The constitution creates a right of equality and nondiscrimination, regardless of sex, skin color, age, disability, nationality, family ties, language, religion, political opinion or philosophy, and social or personal condition. The law prohibits discrimination, exclusion, or preference in employment, but there is no law against discrimination in employment based on sexual orientation or gender identity.

The government did not effectively enforce the law against discrimination in employment. Discrimination in employment and occupation occurred with respect to HIV/AIDS-positive persons; and against persons with disabilities, persons of darker skin color, those of Haitian nationality, and women (see section 6). In March the IACHR annual report noted with concern the absence of concrete policies targeting the reduction of discrimination in the workplace.

e. Acceptable Conditions of Work

The law provides for a minimum wage that varies depending on the size of the enterprise and type of labor. As of October the minimum wage for all sectors, except sugar cane harvesters, was above the official poverty line; however, a study by the Juan Bosch Foundation found that only one-half of the minimum wage rates were high enough for a worker to afford the minimum family budget. The government estimated 23 percent of the population was living in poverty.

The law establishes a standard workweek of 44 hours, not to exceed eight hours per day on weekdays, and four hours on Saturdays before noon. Agricultural workers are exempt from this limit, however, and may be required to work up to 10 hours each workday without premium compensation. The law stipulates all workers are entitled to 36 hours of uninterrupted rest each week. Although the law provides for paid annual holidays and premium pay for overtime, enforcement was ineffective. The law prohibits excessive or compulsory overtime and states that employees may work a maximum of 80 hours of overtime over the course of three months.

The labor code covers different sectors separately. For example, the section covering domestic workers establishes lower standards for hours of work, rest, annual leave, sick leave, and remuneration, and it does not provide for notice or severance payments. Domestic workers are entitled to two weeks’ paid vacation after one year of continuous work as well as a Christmas bonus equal to one month’s wage. The labor code also covers workers in the FTZs, but they are not entitled to bonus payments.

The law applies to both the formal and informal sectors, but it was seldom enforced in the informal sector. Workers in the informal economy faced more precarious working conditions than formal workers.

The Ministry of Labor sets workplace safety and health regulations that are appropriate for the main industries. By regulation employers are obligated to provide for the safety and health of employees in all aspects related to the job. By law employees may remove themselves from situations that endanger health or safety without jeopardy to their employment, but they may face less severe reprisal.

Authorities conducted inspections but did not adequately enforce minimum wage, hours of work, and workplace health and safety standards. Penalties for violations were not sufficient to deter violations. The Public Ministry is responsible for pursuing and applying penalties for labor violations uncovered by labor inspectors; it infrequently applied penalties in practice. During the year the Ministry of Labor increased its inspector workforce by 30 percent from 2018, but the number of labor inspectors remained insufficient.

Mandatory overtime was a common practice in factories, enforced through loss of pay or employment for those who refused. The Dominican Federation of Free Trade Zone Workers reported that some companies in the textile industry set up “four-by-four” work schedules, under which employees worked 12-hour shifts for four days. In a few cases employees working the four-by-four schedules were not paid overtime for hours worked in excess of maximum work hours allowed under the law.

Conditions for agricultural workers were poor. Many workers worked long hours, often 12 hours per day and seven days per week, and suffered from hazardous working conditions, including exposure to pesticides, long periods in the sun, limited access to potable water, and sharp and heavy tools. Some workers reported they were not paid the legally mandated minimum wage.

Industrial accidents caused injury and death to workers, but information on the number of accidents was unavailable.

Ecuador

Executive Summary

Ecuador is a constitutional, multiparty republic with an elected president and unicameral legislature. In 2017 voters elected President Lenin Moreno from the ruling party Alianza PAIS (Proud and Sovereign Fatherland) and chose members of the National Assembly in elections that were generally free and fair, marking a successful democratic transfer of power.

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of Government (formerly the Ministry of Interior until August 1). The military is under the supervision of the Ministry of Defense and is responsible for external security. Police and military share responsibility for border enforcement. Migration officers are civilians and report to the Ministry of Government. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included reports of torture and abuse by police officers and prison guards; harsh and life-threatening prison conditions; the existence of criminal libel laws; violence against women; and the use of child labor.

The government took steps to investigate and prosecute officials who committed human rights abuses, as it engaged in efforts to strengthen democratic governance, fight corruption, and promote respect for human rights.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but other laws restrict this right. On February 20, reforms to the 2013 communication law went into effect, repealing several provisions seen as severely limiting freedom of expression and press. Experts cautioned, however, that other restrictive provisions to journalistic work found in the 2013 law remained in effect, including Article 5 characterizing media and communications as a public service (not a right) and a provision requiring all journalists to hold university degrees. Restrictive provisions found in other laws, such as punishing opinions as slander that carries a prison term of six months to two years, also remained in force.

Freedom of Expression: Individuals could usually discuss matters of general public interest publicly or privately without reprisal. The law prohibits citizens from using “discrediting expressions,” treated as a misdemeanor with a 15- to 30-day prison term. There were no reports the government invoked this law to restrict freedom of expression during the year.

Press and Media Freedom, Including Online Media: Independent media were active and expressed a wide variety of views, including those critical of the government.

On February 5, the independent watchdog organization Freedom House classified the country as partially free. Journalists continued to report harassment, particularly by supporters of the previous government or unknown persons, although attacks on reporters continued to decline.

The domestic freedom of expression watchdog group Fundamedios registered 289 attacks on freedom of expression from May 2018 to October 2019, compared with 491 attacks in 2016. As of October 14, Fundamedios quantified “attacks” ranging from court sentences against media or journalists (three instances); physical attacks or intimidation against journalists (104 instances); verbal threats and insults (47 instances); to cyberthreats, hacks, or closure of social media accounts (30 instances as of August). While the complete data did not link attacks to a perpetrator, no attacks in the data available were categorized as “abuses of power from the state.”

During violent protests against the government’s economic reforms between October 3-13, Fundamedios reported 116 attacks against journalists and media outlets, largely by demonstrators or other unknown persons, related to journalists’ coverage of events. Protesters attacked and attempted to burn the headquarters of the Teleamazonas television station and the El Comercio newspaper in Quito on October 12. Protesters in Quito held 27 journalists hostage on October 10, threatening them with violence if they did not provide live broadcasting of their demands; all of the journalists were released without physical harm.

The law limits the ability of media to provide election coverage during the official campaign period, with no coverage allowed whatsoever in the 48 hours before a national election. A constitutional court ruling affirmed the right of the press to conduct interviews and file special reports on candidates and issues during the campaign period, but the ruling left in place restrictions on “direct or indirect” promotion of candidates or specific political views.

The law includes the offense of inciting “financial panic” with a penalty of imprisonment for five to seven years for any person who divulges false information that causes alarm in the population and provokes massive withdrawals of deposits from a financial institution that place at risk the institution’s stability.

The law mandates the television and radio broadcast of messages and reports by the president and his cabinet free of charge. President Moreno reduced the amount of time required for presidential broadcasts to one 15-minute weekly program from the three- to four-hour weekly program by his predecessor.

Reforms to the 2013 communications law on spectrum allocations addressed past concerns about excessive spectrum being potentially allocated to state media. The reforms call for the redistribution of broadcast frequencies to divide media ownership between community media (up to 34 percent), private media and public media (up to 66 percent combined). Maximum figures under the reform are subject to demand and availability. Nonetheless, the reforms limit the allocation of radio frequencies to the public sector to no more than 10 percent of the spectrum. On August 29, Minister of Telecommunications Andres Michelena announced the frequency redistribution process was underway.

Violence and Harassment: On June 28, supporters of then president Jose Tuarez of the Citizen Participation and Social Control Council (CPCCS) pushed and screamed at journalists from several media outlets while he participated in a press conference in Guayaquil. On July 5, Tuarez accused some media members of being “corrupt” during his official tour to Manabi Province. He further accused outlets of “media lynching” (see “Libel/Slander Laws” subsection below) over published stories that Tuarez altered his credentials to bolster his candidacy for the CPCCS presidency. Separately, Tuarez was removed from his position as CPCCS president by the National Assembly on August 15 for “breach of duties and lack of probity.”

Censorship or Content Restrictions: There were reports government officials tried to penalize those who published items critical of the government. On May 17, the Health Ministry’s National Agency of Sanitary Control (ARCSA) filed a criminal lawsuit against Luis Eduardo Vivanco and three other journalists from digital media outlet La Posta. ARCSA officials complained La Posta published “discrediting expressions” in an article alleging irregularities in medical supply acquisitions. President Moreno requested the resignation of ARCSA executive director Juan Carlos Galarza the same day, citing the criminal lawsuit against La Posta. The Communication Secretariat in the Office of the Presidency issued a statement noting it valued freedom of expression and would “not tolerate any stances against it.”

On October 8, police confiscated with a judicial warrant the transmitting equipment of Pichincha Universal, a public radio station under the control of the Prefecture of Pichincha, whose prefect was subsequently detained October 14 on charges of “rebellion,” based on the claim by the Public Prosecutor’s Office that the radio station violated the law by “inciting unrest” during violent antigovernment protests. The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) expressed concern on October 10 about the suspension of the radio station’s transmission, which “could constitute an act of censorship.” On October 25, a judge issued a preliminary injunction, and the radio station returned to the air.

Digital outlet La Fuente reported to Fundamedios that it had received an email, allegedly from someone in the Office of the Presidency, that its website was being suspended temporarily on July 11 due to alleged violations of copyright laws for using certain graphics without authorization in several of its reports. La Fuente resumed online operations the following day.

On February 25, a regional law firm reported that the reforms to the 2013 communications law repealed some prior censorship measures. For example, the reform introduced the concept of “self-regulation,” defined as the balance between responsibility and freedom of information, which media outlets must regulate through the drafting of voluntary codes of ethics.

The law imposes local content quotas on media, including a requirement that a minimum of 60 percent of content on television and 50 percent of radio content be produced domestically. Additionally, the law requires that advertising be produced domestically and prohibits any advertising deemed by a judge (as private individuals can initiate complaints against advertisers) to be sexist, racist, or discriminatory in nature. Furthermore, the Ministry of Public Health must approve all advertising for food or health products.

Libel/Slander Laws: Libel is a criminal offense under the law, with penalties of up to three years in prison, plus fines. The law assigns responsibility to media owners, who are liable for opinion pieces or statements by reporters or others, including readers, using their media platforms. February reforms to the 2013 communications law repealed a prohibition of “media lynching,” described as the “coordinated and repetitive dissemination of information, directly or by third parties through media, intended to discredit a person or company or reduce its public credibility.”

There was one report a government official used libel laws against a journalist. Esmeraldas Province authorities confirmed journalist Henry Cordova was detained on September 8 to serve a 20-day prison sentence in lieu of paying a $5,000 fine, stemming from a November 2018 ruling in which Cordova was found guilty of libel against national assemblyperson at the time (now Esmeraldas prefect) Roberta Zambrano.

On September 11, the Constitutional Court overturned a 2012 ruling against Diario La Hora. The National Secretary of Public Administration argued in 2012 that the outlet published information (about the then government’s propaganda expenses) that hurt the institution’s reputation. The court’s September 11 decision highlighted that only humans, not institutions, have rights. Legal experts argued the decision sets a precedent in favor of free speech.

Nongovernmental Impact: On April 16, President Moreno reported that a truth commission from the Attorney General’s Office would investigate the kidnapping and killing of El Comercio journalists by a narcoguerilla group in March and April 2018.

Actions to Expand Freedom of Expression, including for the media: President Moreno signed the Chapultepec Declaration on February 20, reiterating his commitment to press freedom. On April 29, representatives from several government agencies, including the Presidency’s General Secretariat for Communication, Ministry of the Interior, Ministry of Foreign Affairs and Human Mobility, and Council for Regulation, Development, and Promotion of Information and Communication, signed an agreement to set up a national Committee for the Protection of Journalists. The committee drafts security protocols, provides training, and specifies the investigation of threats against journalists. On May 31, the committee held its first meeting, open to the public, in which the government’s then secretary general for communication Andres Michelena reiterated the committee’s dedication to journalists’ defense and protection.

In May UN Special Rapporteur on Freedom of Opinion and Expression David Kaye submitted a report to the UN Human Rights Council based upon his October 2018 visit to the country. The report recognized the “significant progress” in the government’s effort “to put an end to…violations of the right to freedom of expression, and to reverse their effects.”

In July the Inter-American Court of Human Rights ruled in favor of newspaper El Universo in a case previously brought against it by then president Rafael Correa, who had accused El Universo of damaging his reputation following an editorial piece by journalist Emilio Palacio that analyzed the public clashes between police and national government in September 2011 (30-S).

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

A government regulation requires that internet service providers comply with all information requests from the superintendent of telecommunications, allowing access to client addresses and information without a judicial order. The law holds a media outlet responsible for online comments from readers if the outlet has not established mechanisms for commenters to register their personal data (including national identification number) or created a system to delete offensive comments. The law also prohibits media from using information obtained from social media unless they can verify the author of the information.

According to a nonprofit organization, the government did not directly act against online criticism, although social media trolls arose following the publication of some controversial cases involving government officials.

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

b. Freedoms of Peaceful Assembly and Association

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

In response to physical violence, vandalism, and looting during nationwide protests against the government’s proposed economic reforms, President Moreno issued Decree 884 on October 3 that established a nationwide “state of exception” for 60 days, which suspended mass gatherings in public spaces and mobilized the armed forces and police to “protect property, life, and maintain order.” The Constitutional Court validated the state of exception October 7 but limited it to 30 days.

On October 12, President Moreno issued Decree 893 amending the state of exception and focusing the restrictions on movement to key state installations and government buildings, as well as vital infrastructure including airports and oil refineries. The state of exception ended on November 2. Following escalating violence and attacks against police and military personnel and government and press buildings, the President declared a curfew in the Quito metropolitan area on October 12, which was lifted the following day.

The law provides for freedom of peaceful assembly, and the government generally respected this right. Public rallies require prior government permits, which authorities usually granted.

Although the nationwide state of exception under Decrees 884 and 893 prohibited mass gatherings, various mass demonstrations occurred between October 3 and October 13. President Moreno and government ministers consistently distinguished between peaceful protesters and violent agitators and vandals. Several peaceful demonstrations took place during the state of exception, including a peaceful protest by approximately 17,000 demonstrators that police facilitated in Quito on October 9 and a march for peace and democracy in Guayaquil that drew an estimated 30,000 persons on the same day.

The government reported that no lethal force by police or armed forces was used to respond to the protesters. According to Ministry of Government figures, there were 1,330 detentions, 1,507 wounded (including 435 police personnel), 202 police detained against their will by protesters, and up to eight dead between October 3-13 in the context of the protests. The government claimed most of the deaths were the result of accidents, including traffic accidents, but pledged to investigate the circumstances of all deaths. The government reported none of the deaths were attributable to live ammunition. The government invited the IACHR to visit October 28-30 and the Office of the UN High Commissioner for Human Rights for a mission October 20-November 8 to observe the human rights situation in connection with the protests. Final reports on the findings of the respective visits were pending through November 20.

The law provides for freedom of association, and the government generally respected this right. In 2017 Decree 193 replaced executive Decrees 16 and 739 that regulated freedom of association. Civil society representatives noted the new decree eliminated provisions meant to stymie opposition and limit foreign influence and simplified the application process to obtain and maintain legal status for NGOs and social groups by relaxing and eliminating some bureaucratic hurdles. They continued to lament, however, that the new decree leaves in place some policies of the previous government that could enable the government to dissolve independent organizations for poorly defined reasons. According to media citing Human Rights Secretariat figures, the number of legally recognized organizations increased 79 percent from 35,569 in October 2017 to 63,753 in November.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

The 2017 Human Mobility Law codifies protections granted to migrants in the constitution, advances the protection of refugees and asylum seekers, and establishes provisions such as equal treatment before the law for migrants, nonrefoulement, and noncriminalization of irregular migration.

During the year large numbers of migrants and asylum seekers and the country’s economic slowdown strained the government’s immigration and social services, which worked closely with local, international, and civil society organizations to cover assistance gaps.

As of September 2, nearly 500,000 Venezuelans had entered Ecuador, with approximately 75 percent transiting to other countries. On August 26, the government implemented a new humanitarian visa requirement for Venezuelans to enter Ecuador. The Office of the UN High Commissioner for Refugees (UNHCR) reported the number of Venezuelan migrants entering through formal border crossing points dropped considerably after August 26. International humanitarian organizations estimated that a significant number of Venezuelan citizens began to enter through informal border-crossing points. International organizations expressed concern the increased number of informal crossings placed more migrants in vulnerable conditions. International organizations also voiced concern that the new policy initially did not allow for exceptions to the visa requirement for some vulnerable populations.

The government estimated the number of Venezuelans residing in Ecuador likely exceeded 380,000 as of September 10. As of September the government had issued visas to approximately 120,000 Venezuelans.

The government began a nationwide registration and regularization process on September 26, which will end March 31, 2020. As of October 27, the Migration Secretariat of the Ministry of Government had registered more than 125,000 Venezuelans–the first step required to regularize status. On October 26, the Foreign Ministry began issuing two-year humanitarian visas to those registered as the next step in the regularization process.

Abuse of Migrants, Refugees, and Stateless Persons: Migrants and refugees, especially women and children, sometimes experienced sexual and gender-based violence. UNHCR and local NGOs reported that refugee women and children were susceptible to violence and trafficking in persons for the purposes of sex trafficking and forced labor. They also reported the forced recruitment of adolescents into criminal activity, such as drug trafficking and robbery, on the northern border, particularly by organized-crime gangs that also operated in Colombia. Government authorities provided basic protection for vulnerable populations; however, the influx of migrants and refugees during the year placed a significant strain on the government’s capacity to address and prevent abuses against migrants and refugees.

The government cooperated with UNHCR, the International Organization for Migration, and other humanitarian organizations in providing protection and assistance to migrants, internally displaced persons, refugees, asylum seekers, stateless persons, and other vulnerable persons of concern.

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.

On June 18, Minister of Foreign Affairs and Human Mobility Jose Valencia stated the government had granted refugee status to approximately 68,000 persons since 1981, with 98 percent being Colombian citizens.

UNHCR reported an increase in Colombian and Venezuelan asylum seekers during the year. UNHCR reported Venezuelans and Colombians comprised the greatest number of asylum seekers, with 6,729 and 2,800 asylum cases recorded through June, respectively. When the new visa requirement for Venezuelans went into effect on August 26, UNHCR worked closely with Ecuadorian authorities to enable all asylum seekers to approach Ecuadorian immigration facilities at the Rumichaca International Bridge on the border with Colombia to request asylum officially. More generally, an international organization reported many Venezuelans did not apply for asylum because they were unfamiliar with the process or did not know how long they would stay in the country.

Access to Basic Services: The country’s Human Mobility Law provides for access to education, health care, and other services to all migrants irrespective of their legal status. Nonetheless, according to UNHCR and NGOs, refugees encountered discrimination in employment and housing. Recognized refugees received national identification cards that facilitated access to education, employment, banking, and other public services. A 2016 agreement between UNHCR and the Civil Registry allows UNHCR to provide financial aid to refugees who cannot afford to pay the identification card fee and travel expenses to the three cities where the cards are issued. UNHCR reported that 9,751 refugees had received identification cards as of August. The Civil Registry also requires a refugee enrollment order from the Ministry of Foreign Affairs and Human Mobility, and sometimes refugees were required to return to the ministry if the information on their records contained errors.

Durable Solutions: The government accepted refugees for resettlement and offered naturalization to refugees, although few refugees were able to naturalize as citizens or gain permanent resident status due to an expensive and lengthy legal process. Discrimination, difficulty in obtaining adequate documentation, and limited access to formal employment and housing affected refugees’ ability to assimilate into the local population. On July 25, President Moreno issued a decree to grant migratory amnesty and begin a regularization process for law-abiding Venezuelans residing in an irregular status in the country.

Temporary Protection: While there is no legal provision for temporary protection, the government and NGOs provided humanitarian aid and additional services, such as legal, health, education, and psychological assistance, to individuals recorded as having crossed the border during the year.

As an associate member of the Southern Common Market (MERCOSUR) and despite the government’s March 13 decision to leave the Union of South American Nations (UNASUR) and the National Assembly’s September 17 vote affirming that decision, the government continued to issue temporary visas to citizens of Argentina, Bolivia, Brazil, Chile, Colombia, Paraguay, Peru, Uruguay, and Venezuela, and the government waived the visa application fee for Colombian and Paraguayan citizens. Foreigners with an irregular migratory status in the country were eligible to apply for the visa. While the UNASUR and MERCOSUR visas do not provide a safeguard against forced repatriation, UNHCR noted many persons opted for these visas, since the procedure was faster than the refugee process and carried less social stigma. Visa recipients are able to work and study for two years. The visas are renewable based upon the same guidelines as the initial application, with only the additional requirement that the applicant provide an Ecuadorian Criminal Records Certificate, which can be obtained online. According to UNHCR, the new visa requirements allow Venezuelans to apply for a humanitarian temporary residence visa instead of applying for a UNASUR visa.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. A 2018 national referendum restored term limits for all elected positions, including the presidency, which had been eliminated through a 2015 constitutional amendment.

Recent Elections: On March 24, 83 percent of citizens elected 11,069 government officials out of 81,149 registered candidates for municipal, provincial, and parochial offices. Citizens also elected seven members for the permanent CPCCS for the first time. International observers from the Organization of American States, Inter-American Union of Electoral Organisms, and accredited diplomatic missions concluded the electoral process was orderly and peaceful, and they did not note any significant incidents.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The proportion of female candidates, however, was low for mayoral seats (14.3 percent) and provincial prefect positions (17.9 percent) in the March 24 local elections. National Electoral Council President Diana Atamaint noted reports of social media harassment against female candidates.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took steps to implement the law effectively. Officials, particularly at the local level, sometimes engaged in corrupt practices with impunity. Various local organizations, however, commended the Moreno administration for continued improvement in addressing corruption more broadly. There were numerous reports during the year of government corruption that occurred during the Correa presidency.

Corruption: The government launched or continued multiple investigations, judicial proceedings, and legislative audits of officials accused of corruption related to state contracts and commercial endeavors that reached the highest levels of government.

On February 16, the Office of the Attorney General announced it was conducting 11 preliminary investigations against Correa, five against former vice president Jorge Glas (in jail serving a six-year illicit association sentence), and three against Correa’s legal secretary Alexis Mera (placed under house arrest on July 2), among other officials. The investigations included allegations of embezzlement and bribery. As of November the Attorney General’s Office had indicted 24 former government and private-sector officials, including Correa and Glas, in an investigation of an alleged bribery scheme called the “2012-2016 Bribes,” involving the Brazilian Odebrecht company and other firms that allegedly financed political party activities and campaigns during the Correa government in exchange for government contracts. The National Court of Justice also ordered preventive detention for Correa, Glas, former water secretary Walter Solis, former administration secretary Vinicio Alvarado, and former ministry of public works advisor Yamil Massuh. As of November a National Court of Justice determination on pursuing formal charges of bribery, influence peddling, and illicit association remained pending.

The comptroller general’s headquarters in Quito was attacked on three separate occasions, set on fire, and eventually destroyed by unknown persons during violent protests throughout the capital in early October. Political analysts and civil society organizations noted the unknown attackers appeared to target areas in the building believed to contain archive files relating to pending high-level corruption cases. The Attorney General’s Office announced 34 persons were detained on terrorism charges in connection with the incidents. Among them were six minors who were sent to a juvenile detention center before being released on bail October 31. Thirteen others were granted bail. Terrorism charges against the 34 individuals were replaced with charges of sabotage, “paralysis of public services,” destruction of property, theft, or breach of authority. As of November all remaining suspects in pretrial detention had been released on bail, and cases remained pending.

In December 2018 then vice president Maria Alejandra Vicuna stepped down after a former aide accused her of accepting bribes during her time as a legislator. The Attorney General’s Office charged her with abuse of official privileges on May 15; the case was pending as of September 25.

As part of the 2018 national referendum convoked by President Moreno, citizens approved a constitutional amendment ending the statute of limitations on corruption charges and prohibiting those sentenced for crimes related to the mismanagement of public resources from running for public office or contracting with the state.

Financial Disclosure: Government officials are required to declare their financial holdings upon taking office and, if requested, during an investigation. All agencies must disclose salary information monthly through their web portal. The constitution requires public officials to submit an affidavit regarding their net worth at the beginning and end of their term, including their assets and liabilities, as well as an authorization to lift the confidentiality of their bank accounts. Public officials are not required to submit periodic reports, except in the case of legislators, who must also present a declaration at the midpoint of the period for which they were elected. All the declarations must be filed online with the comptroller general, whose website provides general information on the declarations and contains a section where the public can conduct a search of officials to see if officials complied with the disclosure requirements of income and assets. Access to the entire declaration requires a special application, and the comptroller has the discretion to decide whether to provide the information. A noncomplying official cannot be sworn into office, but there are no criminal or administrative sanctions for noncompliance.

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

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

In 2017 President Moreno issued Decree 193 to replace Decrees 16 and 739 that regulated freedom of association. Domestic and international human rights organizations are subject to the NGO regulations in the decree. Civil society representatives said the new decree was a step in the right direction but noted it enables the government to dissolve organizations for imprecise reasons (see section 2.b.).

Government Human Rights Bodies: The Ombudsman’s Office is an administratively and financially independent body under the Transparency and Social Control Branch of government, focused on human rights. The Ombudsman’s Office regularly presented cases to the Public Prosecutor’s Office.

On July 3, President Moreno appointed Cecilia Chacon as head of the new Human Rights Secretariat, which is part of the executive branch and reports to the presidency. The secretariat undertook some roles exercised by the former ministry of justice, human rights and religious groups that was dissolved by Executive Decree 560 issued in November 2018.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. The government enforced these laws, although victims were sometimes reluctant to report these crimes. Rape is punishable with penalties of up to 22 years in prison. The law includes spousal rape under crimes against sexual and reproductive integrity. The penalty for rape where death occurred is 22 to 26 years’ imprisonment. Domestic violence is punishable with penalties ranging from four days to seven years in prison and a fine for “damages, pain, and suffering” ranging from $350 to $5,300, depending on the severity of the crime. The law stipulates penalties for physical, psychological, and sexual violence.

A 2018 law provides reparation to victims of gender-based violence, while advocating for the re-education of aggressors. The law defines rape, including spousal rape or incest, forced prostitution, sexual harassment, and other analogous practices, as forms of sexual violence. It also entitles victims to immediate protective measures designed to prevent or cease violence, such as police surveillance, placement in shelters, and awareness programs for the victim and family.

According to human rights organizations, victims were generally reluctant to press domestic violence charges, and the court system was insufficiently staffed to deal with the caseload. Judges lacked specialized training for dealing with gender-based violence. Rights organizations also reported victims were sometimes discouraged from reporting their aggressors by local protection-board officials.

The NGO monitoring platform Alianza Mapeo reported 62 femicides countrywide as of August 8. Of the femicides, 60 percent were committed by a spouse or partner. According to the local organization Latin American Association for Alternative Development, most victims were either stabbed, strangled, or suffocated. While most victims were between 18 and 30 years old, one minor was also killed. According to local experts, reporting rapes and other forms of violence continued to be a traumatic process, particularly for female minors. For example, a rape victim must file a complaint at the Public Prosecutor’s Office and submit to gynecological evaluations akin to rape kits administered by medical experts. Many individuals did not report cases of rape and sexual assault because of fear of retribution from the perpetrator or social stigma.

On March 9, government officials launched a mobile application to accelerate the law enforcement response to complaints of gender-based violence, including rape. The Ministry of Social and Economic Inclusion, together with local and provincial governments and NGOs, provided psychosocial services to victims of sexual and domestic violence. The ministry subsidized shelters and other initiatives, including medical services at care centers and private clinics.

Sexual Harassment: The law criminalizes sexual harassment and provides for penalties of one to five years in prison. The law defines sexual harassment and other analogous practices as forms of sexual violence and mandates that judges prohibit contact between the aggressor and the victim to prevent revictimization and intimidation. Despite the legal prohibition of sexual harassment and government implementation of the law, women’s rights organizations described a tendency to not report alleged harassment, while harassment remained common in public spaces.

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

Discrimination: The constitution affords women the same legal status and rights as men. Nevertheless, discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. On March 7, the National Technical Secretariat for Equality and Development told local press the average monthly income of an employed man was 20 percent more than a woman working under the same conditions.

Birth Registration: Citizenship is acquired through birth in the country, birth to an Ecuadorian mother or father abroad, or by naturalization. According to media reports, ethnic minority families and those with limited economic resources continued to show registration rates significantly lower than those of other groups. Government brigades occasionally traveled to remote rural areas to register families and persons with disabilities. While the law prohibits schools from requesting civil registration documents for children to enroll, some schools, mostly public schools, continued to require them. NGOs reported the problem particularly affected refugee and migrant children. Other government services, including welfare payments and free primary health care, require some form of identification.

Education: The lack of schools in some areas specifically affected indigenous and refugee children, who must travel long distances to attend school.

Child Abuse: The law criminalizes child abuse and provides penalties of 30 days to 26 years in prison, depending on the severity of the abuse.

According to the Office of the Public Prosecutor in May, approximately six of 10 rape victims were children and adolescents. Media reported in June that approximately 16 percent of the 7,977 sex-crime complaints tracked by the Ministry of Education between 2014 and May 2019 were directed against minors. Teachers or school staff were alleged as perpetrators in 25 percent of all complaints. NGOs reported that children living in the streets or in rural parts of the country, many of whom came from poor indigenous families, suffered from exploitative conditions. Throughout the year the Ministry of Education sent officials to investigate reported cases of child abuse in educational establishments.

Bullying remained a problem in schools and increasingly occurred on social media. According to UNESCO statistics reported by media outlets, 23 percent of children suffered bullying and 7 percent cyberbullying in 2018. The government’s “Lifetime Plan” program establishes programs addressing different types of violence, including bullying.

Early and Forced Marriage: The legal age of marriage is 18. There were reports of early and forced marriage in indigenous communities, particularly in instances in which girls became pregnant following an instance of rape. A Plan International study cited the testimony of public officials who reported that in many cases sexual aggressors compensated violence with payment or exchange of animals, but in some cases victims were forced to marry their aggressors.

Sexual Exploitation of Children: The age of consent is 14. The law prohibits sexual exploitation of children, including child pornography, with penalties of 22 to 26 years’ imprisonment. The penalty for sex trafficking for the purposes of commercial sexual exploitation of children younger than age 18 is 13 to 16 years in prison. Child sex trafficking remained a problem, despite government enforcement efforts.

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

There is a small Jewish community, including an estimated 250 families in Quito and 82 families in Guayaquil. Jewish community members in Quito reported an online threat from a social media user in May; police and the Attorney General’s Office investigated and determined there was no physical threat to community members. An unknown perpetrator painted a swastika in a Quito school parking lot in June; no arrests were made.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council on Disability Equality oversees government policies regarding persons with disabilities.

President Moreno promoted social initiatives to raise awareness about disability rights. In 2017 the president broadened the defined legal recognition of a disability and increased tax benefits for persons with disabilities; however, human rights activists noted much work remained. Although the law mandates access to buildings and promotes equal access to health, education, social security, employment, transport, and communications for persons with disabilities, the government did not fully enforce it. Media reported that 1,171 persons with disabilities attended undergraduate and graduate school in 2018, which was less than 1 percent of the total student population. A March 18 article in El Telegrafo reported persons with disabilities continued to demand improvements to allow them full access to public transportation. El Telegrafo also reported the government spent nearly $200 million in 2018-19 on assistance programs aimed at persons with disabilities, including social services, home and health care programs, and employment and education incentives.

The law stipulates rights to health facilities and insurance coverage as well as access and inclusion in education, and it mandates a program for scholarships and student loans for persons with disabilities. The law provides for special job security for those with disabilities and requires that 4 percent of employees in all public and private enterprises with more than 25 employees be persons with disabilities. The law also gives the Ombudsman’s Office responsibility for following up on alleged violations of the rights of persons with disabilities and stipulates a series of fines and punishments for lack of compliance with the law.

The law directs the electoral authorities to provide access to voting and to facilitate voting for persons with disabilities.

The constitution declares the state to be plurinational and affirms the principle of nondiscrimination by recognizing the rights of indigenous, Afro-Ecuadorian, and Montubio (an independent ethnic group of persons with a mixture of Afro-Ecuadorian, indigenous, and Spanish ancestry) communities. It also mandates affirmative action policies to provide for the representation of minorities. In 2009 the government began implementing a national plan to eradicate racial discrimination and exclusion based on ethnic and cultural differences. On March 1, the National Council for the Equality of Peoples and Nationalities reported the government failed to disclose its expenditures on the implementation of the national agenda and other policies promoting racial equality.

Afro-Ecuadorian citizens, who accounted for approximately 7 percent of the population according to census in 2010, suffered pervasive discrimination, particularly with regard to educational and economic opportunity. Afro-Ecuadorian organizations noted that, despite the absence of official discrimination, societal discrimination and stereotyping in media continued to result in barriers to employment, education, and housing. The National Council for the Equality of Peoples and Nationalities reported in February that racial minority groups had less access to managerial positions and other professional opportunities.

The law provides indigenous persons the same civil and political rights as other citizens. The constitution strengthens the rights of indigenous persons and recognizes Kichwa and Shuar as “official languages of intercultural relations.” The constitution grants indigenous persons and communities the right to prior consultation, that is, to participate in decisions about the exploitation of nonrenewable resources located on their lands that could affect their culture or environment, although indigenous peoples’ organizations noted public- and private-sector actors often ignored prior consultation. The constitution also allows indigenous persons to participate in the economic benefits natural resource extraction projects may bring and to receive compensation for any damages that result.

In the case of environmental damage, the law mandates immediate corrective government action and full restitution from the responsible company, although some indigenous organizations asserted a lack of consultation and remedial action. The law recognizes the rights of indigenous communities to hold property communally, although the titling process remained incomplete in parts of the country. During the February 2018 national referendum, voters approved two constitutional amendments relevant to indigenous communities, prohibiting mining in urban and protected areas and limiting oil drilling in Yasuni National Park.

On August 24, the Confederation of Indigenous Nationalities of Ecuador (CONAIE), the largest group representing indigenous peoples’ rights, announced its withdrawal from the dialogue initiated with the Moreno administration in 2017. CONAIE criticized the rushed nature of talks, an atmosphere of mistrust, and the government’s “neoliberal economic policies that affect the most impoverished sectors” in the country. CONAIE added that talks did not produce concrete results on issues of importance to indigenous communities, including environmental rights and extractive industries.

The National Council on the Equality of Peoples and Nationalities reported in 2018 that almost 23 percent of indigenous women were underemployed, 36 percent were illiterate, and political participation of indigenous women continued to lag behind the rest of the population.

On April 30, an Amnesty International report faulted the government for a lack of will to adequately provide protection and conduct serious criminal investigations into the 2018 attacks and threats against the female Amazonian environmental defenders Patricia Gualinga, Nema Grefa, Salome Aranda, and Margoth Escobar. Human rights organizations expressed concern about intimidation tactics used against these activists from unidentified sources, including death threats and physical assault. Amnesty International reported these tactics were intended to silence their environmental activism.

The constitution includes the principle of nondiscrimination and the right to decide one’s sexual orientation. The law also prohibits hate crimes. Although the law prohibits discrimination based on sexual orientation, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons continued to suffer discrimination from both public and private entities, particularly in education, employment, and access to health care. LGBTI organizations reported transgender persons suffered more discrimination because they were more visible.

A June 12 Constitutional Court decision to legalize same-sex marriage went into effect on July 8. The ruling also mandated that same-sex couples be able to marry in Ecuadorian consulates and other diplomatic offices worldwide as long as one partner was an Ecuadorian citizen. The court rewrote Article 81 of the civil code and ordered the National Assembly to reform secondary laws as soon as possible to include equal treatment of same-sex couples.

The government, led by the Ombudsman’s Office, was generally responsive to concerns raised by the LGBTI community. Nevertheless, LGBTI groups claimed police and prosecutors did not thoroughly investigate deaths of LGBTI individuals, including when there was suspicion that the killing was motivated by anti-LGBTI bias.

LGBTI persons continued to report that the government sometimes denied their right of equal access to formal education. LGBTI students, particularly transgender students, sometimes were discouraged from attending classes (particularly in higher education). LGBTI students, particularly transgender individuals, were more susceptible to bullying in schools, and human rights activists argued the Ministry of Education and school administrators were slow to respond to complaints. LGBTI persons involved in the commercial sex trade reported abusive situations, extortion, and mistreatment by security forces.

On July 30, an LGBTI nonprofit organization reported a transgender minor was denied enrollment at 15 schools under her chosen name and gender in 2017. The minor’s parents filed a lawsuit requesting that officials allow her to change her name and gender on identity documents to end discrimination against her. The Office of the Civil Registry allowed changes on her identity card in November 2018. The nonprofit Equidad reported the parents then filed an inquiry with the Constitutional Court to determine the age transgender underage individuals may change their identity information. A court decision on the inquiry was pending as of October 29. The law prohibits LGBTI persons younger than 18 to change gender on their identity documents, even with parental consent.

LGBTI organizations and the government continued to report that private treatment centers confined LGBTI persons against their will to “cure” or “dehomosexualize” them, although such treatment is illegal. The clinics reportedly used cruel treatments, including rape, in an attempt to change LGBTI persons’ sexual orientation.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, with some exceptions, provides for the rights of workers to form and join trade unions of their choice, bargain collectively, and conduct legal strikes. The law prohibits the dismissal of union members from the moment a union notifies the labor inspector of its general assembly until the formation of its first executive board, the first legal steps in forming a union. Employers are not required to reinstate workers fired for union activity but are required to pay compensation and fines to such workers. According to an April 29 El Comercio article, the number of public and private unions registered by the Ministry of Labor increased by 32 percent since 2013.

Companies that dismiss employees attempting to form a union or that dismiss union members exercising their rights face a fine of one year’s annual salary for each individual wrongfully dismissed. Individual workers still employed may take complaints against employers to the Labor Inspection Office. Individuals no longer employed may take their complaints to courts charged with protecting labor rights. Unions may also take complaints to a tripartite arbitration board established to hear these complaints. These procedures often were subject to lengthy delays and appeals.

All private employers with unionized employees are required to negotiate collectively when the union so requests. The law requires a minimum of 30 workers for the creation of an association, work committee, or labor union, and it does not allow foreign citizens to serve as trade union officers. In 2018 the Ministry of Labor authorized, through ministerial resolutions, eight new types of labor contracts, with specific provisions for the flower, palm, fishing, livestock, and construction sectors.

The law provides for the right of private-sector employees to strike on their own behalf and conduct three-day solidarity strikes or boycotts on the behalf of other industries. The law also establishes, however, that all collective labor disputes be referred to courts of conciliation and arbitration. In 2014 the International Labor Organization (ILO) called on the government to amend this provision by limiting such compulsory arbitration to cases where both parties agree to arbitration and the strike involves the public servants who exercise authority in the name of the state or who perform essential services. As of September 13, the government had not taken any action.

In most industries the law requires a 10-day “cooling-off” period from the time a strike is declared before it can take effect. In the case of the agriculture and hospitality industries, where workers are needed for “permanent care,” the law requires a 20-day “cooling-off” period from the day the strike is called, and workers cannot take possession of a workplace. During this time workers and employers must agree on how many workers are needed to ensure a minimum level of service, and at least 20 percent of the workforce must continue to work to provide essential services. The law provides “the employer may contract substitute personnel” only when striking workers refuse to send the number of workers required to provide the minimum necessary services.

The law prohibits formation of unions and restricts the right to collective bargaining and striking of public-sector workers in “strategic sectors.” Such sectors include workers in the health, environmental sanitation, education, justice, firefighting, social security, electrical energy, drinking water and sewage, hydrocarbon production, fuel processing, transport and distribution, public transportation, and post and telecommunications sectors. Some of the sectors defined as strategic exceed the ILO standard for essential services. Workers in these sectors attempting to strike may face charges with penalties of between two and five years’ imprisonment. The government effectively enforced the law. Public transportation workers went on strike October 3-4 in response to the government’s elimination of fuel subsidies. All unions in the public sector fall under the Confederation of Public Servants. Although the vast majority of public-sector workers also maintained membership in labor-sector associations, the law does not allow such associations to bargain collectively or strike. In 2015 the National Assembly amended the constitution to specify that only the private sector could engage in collective bargaining.

Government efforts to enforce legal protections of freedom of association and the right to collective bargaining often were inadequate and inconsistent. Employers did not always respect freedom of association and collective bargaining. Although independent, unions often had strong ties to political movements.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including all forms of labor exploitation; child labor; illegal adoption; servile marriage; and the sale of tissues, fluids, and genetic materials of living persons. Penalties were sufficient to deter violations.

The government did not effectively enforce the law. Limited resources, limited presence in parts of the country, and inadequate victim services hampered the effectiveness of police and prosecutors. NGOs and media outlets continued to report that children were being subjected to forced criminality, particularly drug trafficking.

Reports of forced labor of children (see section 7.c.) and women persisted. Observers most frequently reported women as victims of sex trafficking or of working in private homes under conditions that may amount to human trafficking. On April 29, the National Police reported the rescue of 11 female alleged sex trafficking victims. On July 30, El Universo, citing consolidated government figures, reported that 332 trafficking-in-persons victims (83 percent of them female) were reported between January 2017 and July 2019.

Indigenous and Afro-Ecuadorians, Colombian refugees, and Venezuelan migrants (see section 7.d.) were particularly vulnerable to human trafficking. Traffickers often recruited children from impoverished indigenous families under false promises of employment; these children were then forced to beg or to work as domestic servants, in sweatshops, or as street and commercial vendors within the country or in other South American countries. Men, women, and children were exploited in forced labor and sex trafficking abroad, including in other South American countries and the United States. The country is a destination for South and Central American women and girls exploited in sex trafficking, domestic servitude, and forced begging.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. It sets the minimum working age for minors at 15 for all types of labor and the maximum hours a minor may work at six hours per day, five days per week. The law requires employers of minors who have not completed elementary school to give them two additional hours off from work to complete studies. The law requires employers to pay minors the same wages received by adults for the same type of employment and prohibits minors younger than age 18 from working in “dangerous and unhealthy” conditions. A 2015 ministerial accord lists 27 economic activities that qualify as dangerous and unhealthy. Other illegal activities, including slavery, prostitution, pornography, and drug trafficking, are punishable. The law identifies work that is “likely to harm the health, safety, or morals of a child,” which includes work in mines, garbage dumps, slaughterhouses, livestock, fishing, textiles, logging, and domestic service, as well as in any work environment requiring exposure to toxic or dangerous substances, dust, dangerous machinery, or loud noises.

The law establishes penalties for violations of child labor laws, including fines and closure of the business. Penalties were not sufficient to deter violations. If an employer commits a second child labor violation, inspectors may close the business temporarily. The law authorizes labor inspectors to conduct inspections at factories, workshops, and any other location when they consider it appropriate or when an employer or worker requests an inspection.

The government did not effectively enforce the law. The Ministries of Labor and of Economic and Social Inclusion, Rights Protection Boards, and the Minors’ Tribunals are responsible for enforcing child labor laws, although budgetary constraints affected each ministry’s ability to enforce laws.

A January report by the governmental Intergenerational Equality Council indicated the provinces of Cotopaxi, Bolivar, and Chimborazo had the highest child labor rates for children between the ages of five and 14. A 2017 survey on employment and underemployment found that 3 percent of children ages five to 11 and 10.6 percent of children ages 12 to 14 worked. The survey found that child laborers were most likely in rural areas, particularly in the agricultural and ranching sectors. Although the government conducted two surveys in 2017 that included some information on child labor, the government had not conducted a nationwide child labor survey since 2012. Both government and civil society officials agreed that a lack of updated statistics hampered efforts in eradicating child labor.

Several labor organizations and NGOs reported child labor in the formal employment sectors continued to decline. According to these groups, it was rare in virtually all formal-sector industries due to an increased number of government inspections, improved enforcement of government regulations, and self-enforcement by the private sector. For example, in the past several years, banana producers working with the Ministry of Agriculture and unions on a plan to eliminate child labor formed committees to certify when plantations used no child labor. These certification procedures do not apply to the informal sector.

The government also did not effectively enforce child labor laws in the informal sector. In rural areas children were most likely found working in family-owned farms or businesses, including banana and rose farms. Labor organizations reported children were largely removed from the most heavy and dangerous work. Additionally, there were reports of rural children working in small-scale, family-run brickmaking and gold-mining operations. In urban areas many children under age 15 worked informally to support themselves or to augment family income by peddling on the street, shining shoes, or begging.

Local civil society organizations reported that children conducted domestic work, including paid household work. A November 2018 study by a local nonprofit group found that many house cleaners, for example, began working between the ages of six and 12. The study found that “girls from indigenous or rural communities were taken to cities without documents, without information, and kept in homes while practically doing bonded labor.” The study concluded that through these practices “child labor is legitimized without any type of protection from exploitation.”

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

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit discrimination regarding race, sex, gender, disability, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. The law prohibits employers from using discriminatory criteria in hiring, discriminating against unions, and retaliating against striking workers and their leaders. The government did not effectively enforce those laws and regulations. Penalties were not sufficient to deter violations.

Employment discrimination against women was prevalent, particularly with respect to economic opportunities for older women and for those in the lower economic strata. In August 2018 the National Assembly approved a series of labor reforms for employees in the public and private sectors to prevent workplace harassment.

Afro-Ecuadorians continued to demand more opportunities in the workforce and complained that employers often profiled them based on their job application photographs. A study published in December 2018 by the Quito mayor’s office showed that labor discrimination against Afro-Ecuadorians clearly demonstrated “stereotypes of vagrancy, wrongdoing, violence, exacerbated sexuality, [and] lack of intellectuality” and adversely affected insertion in the workplace. Indigenous and LGBTI individuals also experienced employment discrimination.

e. Acceptable Conditions of Work

The law provides for a minimum monthly wage, which was above the poverty income level.

The law limits the standard work period to 40 hours a week, eight hours a day, with two consecutive days of rest per week. Miners are limited to six hours a day and may only work one additional hour a day with premium pay. Premium pay is 1.5 times the basic salary for work done from 6 a.m. to 12 p.m. Work done from 12 a.m. to 6 a.m. receives twice the basic salary, although workers whose standard shift is at night receive a premium of 25 percent instead. Premium pay also applies to work on weekends and holidays. Overtime is limited to no more than four hours a day and a total of 12 hours a week. Mandatory overtime is prohibited. Workers are entitled to a continuous 15-day annual vacation, including weekends, plus one extra day per year after five years of service. Different regulations regarding schedule and vacations apply to live-in domestic workers. The law mandates prison terms for employers who do not comply with the requirement of registering domestic workers with the Social Security Administration.

The law provides for the health and safety of workers and outlines health and safety standards, which are current and appropriate for the country’s main industries. These regulations and standards were not applied in the informal sector, which employed more than 46 percent of the working population. The number of inspectors was insufficient to effectively enforce the law.

Authorities may conduct labor inspections by appointment or after a worker complaint. If a worker requests an inspection and a Ministry of Labor inspector confirms a workplace hazard, the inspector then may close the workplace. Labor inspections generally occurred because of complaints, not as a preventive measure, and inspectors could not make unannounced visits. In some cases violations were remedied, but other cases were subjected to legal challenges that delayed changes for months. Penalties were not sufficient to deter violations and were often not enforced.

The Ministry of Labor continued its enforcement reforms by conducting labor inspections and increasing the number of workers protected by contracts, minimum wage standards, and registration for social security benefits. The Ministry of Labor did not effectively enforce wage and hour or occupational safety and health laws. Penalties were not sufficient to deter violations.

Most workers worked in the large informal sector and in rural areas. They were not subject to the minimum wage laws or legally mandated benefits. Occupational health and safety problems were more prevalent in the large informal sector. The law singles out the health and safety of miners, but the government did not enforce safety rules in informal small-scale mines, which made up the vast majority of enterprises in the mining sector. Migrants and refugees were particularly vulnerable to hazardous and exploitative working conditions. According to media, local organizations reported complaints of Venezuelans receiving below the minimum wage, particularly in the informal sector.

Workers in the formal sector could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers in the informal sector received far fewer labor protections, and they were less likely to be able to remove themselves from dangerous health or safety situations without jeopardy to their employment.

El Salvador

Executive Summary

El Salvador is a constitutional multiparty republic. On February 3, voters elected Nayib Bukele as president for a five-year term. The election was generally free and fair, according to international observers. Free and fair municipal and legislative elections took place in 2018.

The National Civilian Police (PNC), overseen by the Ministry of Justice and Public Security, is responsible for maintaining public security, and the Ministry of Defense is responsible for maintaining national security. Although the constitution separates public security and military functions, it allows the president to use the armed forces “in exceptional circumstances” to maintain internal peace and public security “when all other measures have been exhausted.” The military is responsible for securing international borders and conducting joint patrols with the PNC. In 2016 then president Sanchez Ceren renewed the decree authorizing military involvement in police duties, a presidential order in place since 1996. Civilian authorities failed at times to maintain effective control over security forces.

Significant human rights issues included: allegations of unlawful killings of suspected gang members and others by security forces; forced disappearances by military personnel; torture by security forces; arbitrary arrest and detention by the PNC; harsh and life-threatening prison conditions; serious problems with the independence of the judiciary; widespread government corruption; violence against women and girls that was inconsistently addressed by authorities; security force violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals; and children engaged in the worst forms of child labor.

Impunity persisted despite government steps to dismiss and prosecute abusers in the security forces, executive branch, and justice system.

Organized criminal elements, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of murder, extortion, kidnapping, human trafficking, intimidation, and other threats and violence directed against police, judicial authorities, the business community, journalists, women, and members of vulnerable populations. In some cases authorities investigated and prosecuted persons accused of committing crimes and human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, although the government at times did not respect this right. The law permits the executive branch to use the emergency broadcasting service to take over all broadcast and cable networks temporarily to televise political programming.

Press and Media, Including Online Media: Allegations continued that the government retaliated against members of the press for criticizing certain policies. On September 6, President Bukele’s press and communications staff banned journalists of digital newspapers El Faro and Factum Magazine from a press conference in which President Bukele announced the launch of the Salvadoran Commission Against Corruption and Impunity (CICIES). The Bukele administration stated that journalists from both outlets had acted improperly in past press conferences, including shouting questions at speakers and behaving disrespectfully toward staff. On September 11, Factum Magazine journalist Rodrigo Baires was denied entry to a press conference at the same location. The refusals to admit journalists to presidential press conferences drew widespread criticism and concern regarding freedom of expression and freedom of the press, including by the United Nations, Organization of American States (OAS), and Committee to Protect Journalism. Following the criticism, a Factum Magazine reporter was allowed to attend and ask questions at a September 12 presidential press conference.

Violence and Harassment: On July 3, the Salvadoran Journalist Association (APES) reported on the rise of cyber intimidation and attacks against journalists. APES specifically criticized President Bukele for seeking to intimidate journalists Mariana Belloso and Roxana Sandoval. After they criticized the Bukele administration, accounts on social media associated with Bukele supporters targeted Belloso and Sandoval with insults, intimidation, threats, and attempts to discredit their work.

As of August 22, the PDDH had received six complaints of violence against journalists by government officials. APES reported 77 cases of aggressions against journalists during the year, an increase of 18 percent over the 65 cases reported in 2018.

Censorship or Content Restrictions: Government advertising accounted for a significant portion of press advertising income. According to media reports, the Bukele administration cancelled all government advertising in the newspaper El Diario de Hoy after it reported on the banning of journalists from El Faro and Factum Magazine from President Bukele’s press conferences. According to APES, media practiced self-censorship, especially in reporting on gangs and narcotics trafficking.

Nongovernmental Impact: APES noted journalists who reported on gangs and narcotics trafficking were subject to kidnappings, threats, and intimidation. Observers reported that gangs also charged print media companies to distribute in their communities, costing media outlets as much as 20 percent of their revenues.

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

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

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights, except with respect to labor unions (see section 7.a.).

c. Freedom of Religion

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

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights, although in many areas the government could not guarantee freedom of movement due to criminal gang activity.

In-country Movement: The major gangs (MS-13 and two factions of 18th Street) controlled their own territory. Gang members did not allow persons living in another gang’s area to enter their territory, even when travelling via public transportation. Gangs forced persons to present government-issued identification cards (containing their addresses) to determine their residence. If gang members discovered that a person lived in a rival gang’s territory, that person risked being killed, beaten, or not allowed to enter the territory. Bus companies paid extortion fees to operate within gang territories, often paying numerous fees for the different areas in which they operated. The extortion costs were passed on to customers.

As of October 22, the Attorney General’s Office had filed 1,515 new cases charging an illegal limitation on the freedom of movement, an increase from the 920 new cases brought in the same period 2018. The Attorney General’s Office reported 50 convictions for such charges through October 22, compared with 13 through October 22, 2018.

As of August the PDDH reported 148 complaints of forced displacement, 28 of which arose from the same incident. Nearly all of the complaints were from gang-controlled territories, with 84 cases from San Salvador, although in three cases, the complaint alleged the PNC caused the displacement. As of October 2018, the government acknowledged that 1.1 percent of the general population (approximately 68,060 persons) was internally displaced. The Office of the UN High Commissioner for Refugees estimated there were 71,500 internally displaced persons (IDPs) and reported the causes of internal displacement included abuse, extortion, discrimination, and threats.

As of October 24, the Legislative Assembly had failed to pass court-ordered legislation addressing internal displacement by no later than January 2019. In July 2018 the Constitutional Chamber of the Supreme Court ruled that the government violated the constitution by not recognizing forced displacement or providing sufficient aid to IDPs. The court also called on the government to retake control of gang territories, develop protection protocols for victims, and uphold international standards for protecting victims.

f. Protection of Refugees

Access to Asylum: The law provides for granting asylum or refugee status, including an established system for providing protection to refugees. Between January 1 and August 15, the Ministry of Foreign Affairs received 10 asylum petitions, compared with 31 refugee/asylum claims in 2018.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: The most recent presidential election occurred on February 3. Nayib Bukele, of the center-right Grand Alliance for National Unity (GANA) party, was elected to a five-year term. The election reports published by the OAS and the EU electoral mission noted the election generally met international standards.

While the law prohibits public officials from campaigning in elections, the provision lacked consistent enforcement.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials. Although the Supreme Court investigated corruption in the executive and judicial branches and referred some cases to the Attorney General’s Office for possible criminal indictment, impunity remained endemic, with courts issuing inconsistent rulings and failing, in particular, to address secret discretionary accounts within the government.

On September 6, President Bukele launched CICIES to combat corruption and impunity. Foreign Minister Alexandra Hill and OAS Strategic Counsel Luis Porto signed a Letter of Intent to create the commission. The letter stated that the parties would sign a formal agreement within three months. The letter focused on strengthening the judiciary and Attorney General’s Office and creating a special anticorruption unit under the PNC. The letter promised that CICIES and the OAS would coordinate with local judicial institutions in creating guidelines for selecting cases. In Bukele’s announcement, he noted that CICIES would be financed with assistance from the OAS and other international organizations. As of October 29, there was an anticipated cost of $15 million and OAS was asking for funding, but no other details had been confirmed. In November the OAS reported that CICIES had established a headquarters in the country.

Corruption: In January the Supreme Court issued an order limiting its Probity Section investigations of public officials to those who had left public office within the last 10 years. On May 6, Factum Magazine published an article underlining that, due to this decision, 79 cases were due to expire on May 31. According to Factum, in four of these, the Probity Section had already completed the investigation, and it required only a decision from the Supreme Court. The four investigations involved former Farabundo Marti National Liberation Front (FMLN) legislator Sigfrido Reyes; GANA legislator Guillermo Gallegos (regarding actions taken in 2006-09); former vice president Oscar Ortiz, when he served as FMLN legislator in 1994 and 1997; and also of Ortiz when he served as Santa Tecla mayor in 2006 and 2009. As of June 30, the Supreme Court’s Probity Section had opened six illicit enrichment cases against public officers.

On June 20, the Attorney General’s Office filed a corruption complaint against Rafael Hernan Contreras, former chief of the Court of Accounts, one of the six agencies that oversees corruption investigations and cases. According to the attorney general, Contreras issued a false document that certified former president Antonio Saca, serving 10 years in prison for misappropriating more than $300 million, had managed funds effectively during his presidency. Saca still faced charges for bribing a judicial official for access to information. Six other officials from the Saca administration also received prison sentences in September 2018 for misappropriating public funds while in government.

In December 2018 a judge sentenced former attorney general Luis Martinez (2012-15) to five years in prison and ordered him to pay $125,000 in restitution on corruption-related charges of purposely and unlawfully disclosing recordings obtained in a wiretap investigation. In 2016 Martinez was fined $8,000 by the Government Ethics Tribunal for inappropriately accepting gifts from businessman Enrique Rais. Martinez faced a number of pending corruption charges, including allegations he took bribes from former president Mauricio Funes, who received citizenship from Nicaragua in July after fleeing corruption charges in El Salvador.

The Attorney General’s Office reportedly investigated past misuse of a presidential discretionary fund, established in 1989 and used by six presidents, to fund the national intelligence service. The fund, totaling one billion dollars since the accounts’ inception, had never been audited by the Court of Accounts. Former presidents Saca and Funes allegedly misappropriated more than $650 million from this fund during their terms in office.

As of September 16, the Ethics Tribunal reported that between September 2018 and August 21, it had opened 438 administrative proceedings against 426 public officials. During that same period, the tribunal imposed fines against 41 sitting and former public officials. As of September 3, the Attorney General’s Office had filed claims against three judges for committing crimes involving corruption or for violating public administration laws.

Financial Disclosure: The illicit enrichment law requires appointed and elected officials to declare their assets to the Probity Section of the Supreme Court. The law establishes fines for noncompliance that range from $11 to $571. The declarations were not available to the public unless requested by petition. The Supreme Court established three criteria for selecting investigable cases: the age of the case (that is, proximity to the statute of limitations); relevance of the official’s position; and seriousness and notoriety of the alleged illicit enrichment.

The law requires public officers to present asset certification reports no later than 60 days after taking a new position. In August the Supreme Court Probity Section reported that 8,974 public officers had failed to present their assets certifications in the 10 previous years. This included 16 legislators who took office in May 2018 and who had failed to present their assets reports by June 30, 2019.

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

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Although government officials generally were cooperative and responsive to these groups, officials expressed reluctance to discuss certain issues, such as extrajudicial killings and IDPs, with the PDDH.

Government Human Rights Bodies: The principal human rights investigative and monitoring body is the autonomous PDDH, whose ombudsman is nominated by the Legislative Assembly for a three-year term. The PDDH regularly issued advisory opinions, reports, and press releases on prominent human rights cases. The PDDH generally enjoyed government cooperation and was considered generally effective except on problems relating to criminal groups and gangs.

The PDDH maintained a constructive dialogue with the Office of the President. The government publicly acknowledged receipt of reports, although in some cases it did not act on recommendations, which are nonbinding. The PDDH faced threats, including two robberies at its headquarters targeting computers containing personally identifiable information.

On October 16, the Legislative Assembly nominated a new PDDH ombudsman who was facing three criminal cases for “fraud, bribery, and arbitrary acts,” as well as a Court of Accounts case from his time as a civil court judge. International organizations, NGOs, several legislators, the San Salvador mayor, and President Bukele criticized the nomination.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, and the criminal code’s definition of rape may apply to spousal rape, at the judge’s discretion. The law requires the Attorney General’s Office to prosecute rape cases whether or not the victim presses charges, and the law does not permit the victim to withdraw the criminal charge. The penalty for rape is generally imprisonment for six to 10 years. Laws against rape were not effectively enforced.

The law prohibits domestic violence and generally provides for sentences ranging from one to three years in prison, although some forms of domestic violence carry higher penalties. The law also permits restraining orders against offenders. Laws against domestic violence remained poorly enforced, and violence against women, including domestic violence, remained a widespread and serious problem. In July 2018 the Salvadoran Organization of Women for Peace (ORMUSA) reported that in 2016 and 2017, only 5 percent of the 6,326 reported crimes against women went to trial.

On April 24, a woman died in Guazapa after being beaten by her husband days earlier. The Attorney General’s Office charged her husband with femicide. According to the woman’s children, her husband had been previously deported from the United States after being implicated in a similar case of violence against women.

Sexual Harassment: The law prohibits sexual harassment and establishes sentences of five to eight years’ imprisonment. Courts may impose fines in addition in cases in which the perpetrator held a position of trust or authority over the victim. The law mandates that employers take measures against sexual harassment and create and implement preventive programs. The government, however, did not enforce sexual harassment laws effectively.

On April 4, following an abbreviated trial, the Third Sentence Tribunal of San Salvador sentenced a PNC chief inspector to three years in prison following his conviction for sexual assault, sexual harassment, and threats of violence against three female subordinates.

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

Discrimination: The constitution grants women and men the same legal rights, but women did not receive equal pay or employment opportunities. The law establishes sentences of one to three years in prison for public officials who deny a person’s civil rights based on gender and six months to two years for employers who discriminate against women in the workplace, but employees generally did not report such violations due to fear of employer reprisals.

Birth Registration: Children derive citizenship by birth within the country and from their parents. The law requires parents to register a child within 15 days of birth or pay a $2.85 fine. Failure to register can result in denial of school enrollment.

Child Abuse: Child abuse remained a serious and widespread problem. The law gives children the right to petition the government without parental consent. Penalties for breaking the law include losing custody of the child and three to 26 years’ imprisonment, depending on the nature of the abuse. As of August the PNC had received 2,081 child abuse complaints.

On February 19, Judge Jaime Escalante was charged with the crime of sexual aggression against a 10-year-old female child. On March 4, the Legislative Assembly voted to remove his immunity from criminal prosecution. On October 31, the Criminal Chamber determined that Escalante’s actions did not constitute a felony but rather a misdemeanor, because the encounter happened quickly and in a crowded place. The attorney general appealed the decision and asked the Criminal Chamber to overturn the ruling, admit all evidence, and send Escalante to trial.

According to a 2016 National Health Survey, more than half of households punished their children physically and psychologically.

Early and Forced Marriage: The legal minimum age for marriage is 18. The law bans child marriage to prevent child abusers from using legal technicalities to avoid imprisonment by marrying their underage victims. The law allows for marriage of a minor in cases of pregnancy.

Sexual Exploitation of Children: Child sex trafficking is prohibited by law. Prison sentences for convicted traffickers stipulate imprisonment from six to 10 years.

The minimum age for consensual sex is 18. The law classifies statutory rape as sexual relations with anyone younger than 18 and includes penalties of four to 13 years’ imprisonment for violations.

The law prohibits paying anyone younger than 18 for sexual services. The law prohibits participating in, facilitating, or purchasing materials containing child pornography and provides for prison sentences of up to 16 years for violations. Despite these provisions, sexual exploitation of children remained a problem.

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

The Jewish community totaled approximately 150 persons. There were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The National Council for Comprehensive Attention to Persons with Disability (CONAIPD), composed of representatives from multiple government entities, is the governmental agency responsible for protecting disability rights, but it lacks enforcement power. According to CONAIPD, the government did not effectively enforce legal requirements for access to buildings, information, and communications for persons with disabilities. Few access ramps or provisions for the mobility of persons with disabilities existed.

According to CONAIPD, there is no mechanism to verify compliance with the law requiring businesses and nongovernment agencies to hire one person with disabilities for every 25 hires. CONAIPD reported employers frequently fired persons who acquired disabilities and would not consider persons with disabilities for work for which they qualified. Further, some academic institutions would not accept children with disabilities.

No formal system existed for filing a discrimination complaint involving a disability with the government.

Indigenous communities reported they faced racial discrimination and economic disadvantage. According to community leaders, gangs pushed out of urban centers by police mounted incursions into and appropriated indigenous land. They also reported gang members threatened their children for crossing gang territorial lines artificially drawn across ancestral indigenous land, forcing some children to drop out of school or leave home.

According to the 2007 census (the most recent), there were 60 indigenous groups, making up 0.4 percent of citizens, mainly from the Nahua-Pipl, Lencas, Cacaopera (Kakwira), and Maya Chorti groups. A 2014 constitutional amendment recognizes the rights of indigenous peoples to maintain their cultural and ethnic identity. The law, however, does not include the right to be consulted regarding development and other projects envisioned on indigenous land, nor does it provide indigenous peoples rights to share in revenue from exploitation of natural resources on historically indigenous lands. The government did not demarcate any lands as belonging to indigenous communities. Because few indigenous individuals possessed title to land, opportunities for bank loans and other forms of credit remained limited.

The law provides for the preservation of languages and archeological sites. During the year the municipalities of Cacaopera and Yucuaiquin, in the eastern part of the country, approved special laws to recognize their indigenous cultural heritage.

The law prohibits discrimination based on sexual orientation or gender identity, which also applies to discrimination in housing, employment, nationality, and access to government services. Gender identity and sexual orientation are included in the criminal code provisions covering hate crimes, along with race and political affiliation. NGOs reported that public officials, including police, engaged in violence and discrimination against sexual minorities. Persons from the LGBTI community stated that the PNC and the Attorney General’s Office harassed transgender and gay individuals when they reported cases of violence against LGBTI persons, including by conducting unnecessary and invasive strip searches.

On January 31, a transsexual woman, Camila Diaz Cordova, identified in her national identification card as Nelson Arquimides Diaz Cordova, was allegedly killed by three police officers with the National Civil Police’s 911 System in San Salvador. In July, at an initial hearing in the Fifth Peace Court, the Prosecutor’s Office accused the officers of committing a “hate crime.”

As of August 22, the PDDH reported four accusations by the LGBTI community of homicides, one complaint of torture, four complaints of violations to human integrity, one complaint each of physical abuse and harassment. The PDDH was unable to determine whether the incidents were bias motivated. Activists also reported receiving death threats on social media. Police generally failed to act on these reports. The PDDH reported it was processing a case against security personnel at a prison in Sensuntepeque, Cabanas Department, for deprivation of liberty and inhuman treatment of transsexual prisoners based on their sexual orientation and gender identity.

Media reported killings of LGBTI community members in October and November. On October 27, Anahy Rivas, a 27-year-old transwoman, was killed after being assaulted and dragged behind a car. Jade Diaz, a transwoman who disappeared on November 6, was assaulted prior to her killing. Her body was found submerged in a river. On November 16, Manuel Pineda, known as Victoria, was beaten to death and her body left naked in the street in Francisco Menendez, Ahuachapan Department. Uncensored photographs of the body were circulated on social media.

In 2017 the Supreme Electoral Tribunal announced guidelines stating individuals cannot be denied the right to vote because the photograph on their identification card does not match their physical appearance. Nonetheless, media documented cases of transgender persons who faced harassment while voting in the presidential elections because their name and photograph on their national identification did not match their expression of gender identity.

Although the law prohibits discrimination on the basis of HIV/AIDS status, Entre Amigos, an LGBTI NGO, reported HIV-related discrimination was widespread. As of August 31, the PDDH reported one alleged case of discrimination against persons with HIV or AIDS that purportedly took place at a public health union in La Union Department.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, to strike, and to bargain collectively. The law also prohibits antiunion discrimination, although it does not require reinstatement of workers fired for union activity. Military personnel, national police, judges, and high-level public officers may not form or join unions. Workers who are representatives of the employer or in “positions of trust” also may not serve on a union’s board of directors. The law does not define the term “positions of trust.” The labor code does not cover public-sector workers and municipal workers, whose wages and terms of employment are regulated by the 1961 civil service law. Only citizens may serve on unions’ executive committees. The labor code also bars individuals from holding membership in more than one trade union.

Unions must meet complex requirements to register, including having a minimum membership of 35 individuals. If the Ministry of Labor denies registration, the law prohibits any attempt to organize for up to six months following the denial. Collective bargaining is obligatory only if the union represents the majority of workers.

The law contains cumbersome and complex procedures for conducting a legal strike. The law does not recognize the right to strike for public and municipal employees or for workers in essential services. The law does not specify which services meet this definition, and courts therefore apply this provision on a case-by-case basis. The law requires that 30 percent of all workers in an enterprise must support a strike for it to be legal and that 51 percent must support the strike before all workers are bound by the decision to strike. Unions may strike only to obtain or modify a collective bargaining agreement or to protect the common professional interests of the workers. They must also engage in negotiation, mediation, and arbitration processes before striking, although many unions often skipped or expedited these steps. The law prohibits workers from appealing a government decision declaring a strike illegal.

In lieu of requiring employers to reinstate illegally dismissed workers, the law requires employers to pay the workers the equivalent of 30 days of their basic salary for each year of service. The law specifies 30 reasons for which an employer can terminate a worker’s contract without triggering any additional responsibilities, including consistent negligence, leaking private company information, or committing immoral acts while on duty. An employer may also legally suspend workers, including for reasons of economic downturn or market conditions. According to the Ministry of Labor, through September 30, 7,495 persons had filed complaints of dismissal without justification. In addition, the Ministry of Labor reported that from January 1 through June, it received 15 complaints of failure to pay wages owed, one complaint of an employer’s improper retention of social security contributions, and eight complaints of a failure to pay overtime.

The government did not effectively enforce the laws on freedom of association and the right to collective bargaining. Penalties remained insufficient to deter violations. Judicial procedures were subject to lengthy delays and appeals. According to union representatives, the government inconsistently enforced labor rights for public workers, maquiladora/textile workers, food manufacturing workers, subcontracted workers in the construction industry, security guards, informal-sector workers, and migrant workers. Between January 1 and June 3, the ministry received 36 claims of violations for labor discrimination.

As of August 15, the inspector general of the Ministry of Labor had reported 124 alleged violations of the right of freedom of association, including 72 such violations against members of labor unions and 39 resulting complaints of discrimination.

Unions functioned independently from the government and political parties, although many generally were aligned with the traditional political parties of ARENA and the FMLN. Workers at times engaged in strikes regardless of whether the strikes met legal requirements. On June 10, the International Labor Organization Conference Committee on the Application of Standards discussed, for the fifth consecutive year, the nonfunctioning of the country’s tripartite Higher Labor Council. In September the Ministry of Labor reactivated the council.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government generally did not effectively enforce such laws. Penalties were not sufficient to deter violations. The lack of sufficient resources for inspectors reduced their ability to enforce the law fully. The Ministry of Labor did not report on incidents of forced labor. Gangs subjected children to forced labor in illicit activities, including selling or transporting drugs (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the employment of children younger than 14 but does not prohibit all of the worst forms of child labor. The law allows children between the ages of 14 and 18 to engage in light work if it does not damage the child’s health or development or interfere with compulsory education. The law prohibits children younger than 16 from working more than six hours per day and 34 hours per week; those younger than 18 are prohibited from working at night or in occupations considered hazardous. The Ministry of Labor maintained a list of types of work considered hazardous, which included repairing heavy machinery, mining, handling weapons, fishing and harvesting mollusks, and working at heights above five feet while doing construction, erecting antennas, or working on billboards. Children age 16 and older may engage in light work on coffee and sugar plantations and in the fishing industry so long as it does not harm their health or interfere with their education.

Child labor remained a serious and widespread problem. According to the Ministry of Labor, the percentage of children and adolescents between the ages of five and 17 who were working decreased from 8.4 percent in 2017 to 6.8 percent in 2018.

The Ministry of Labor is responsible for enforcing child labor laws but did not effectively enforce the law. Penalties for violations of child labor laws were insufficient to act as a deterrent in the informal sector. Labor inspectors focused almost exclusively on the formal sector. According to the ministry, from January through August, officials conducted 669 child labor inspections in the formal sector that discovered 10 minors working, all of whom were authorized to work. By comparison, as of September 2017, according to the ministry, there were 140,700 children and adolescents working, of whom 91,257 were employed in “dangerous work” in the informal sector. No information on any investigations or prosecutions by the government was available. The ministry did not effectively enforce child labor laws in the informal sector, which represented almost 75 percent of the economy.

There were reports of children younger than 16 engaging in the worst forms of child labor, including in coffee cultivation, fishing, shellfish collection, and fireworks production. Children were subjected to other worst forms of child labor, including commercial sexual exploitation (see section 6, Children) and recruitment into illegal gangs to perform illicit activities in the arms and narcotics trades, including committing homicide. Children were engaged in child labor, including domestic work, the production of cereal grains and baked goods, cattle raising, and sales. Orphans and children from poor families frequently worked as street vendors and general laborers in small businesses despite the presence of law enforcement officials.

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

d. Discrimination with Respect to Employment and Occupation

The constitution, labor laws, and state regulations prohibit discrimination on the basis of race, color, sex, religion, political opinion, national origin (except in cases determined to protect local workers), social origin, gender, disability, language, or HIV-positive status. The government did not effectively enforce those laws and regulations. Penalties were insufficient to deter violations. Sexual orientation and gender identity are not included in the constitution or labor law, although the PDDH and the Ministry of Labor actively sought to protect workers against discrimination on those grounds.

Discrimination in employment and occupation occurred with respect to gender, disability, and sexual orientation or gender identity (see sections 6 and 7.e.). According to the Ministry of Labor, migrant workers have the same rights as citizens, but the ministry did not enforce them.

As of June the Ministry of Labor had received one complaint of disability discrimination and six complaints of gender-based discrimination. In August the Legislative Assembly approved an “equal job, equal pay” reform to the labor code that provides for equal pay for women and persons with disabilities who perform the same duties as others. The law, reformed in 2018, prohibits the dismissal of women returning from maternity leave for up to six months.

On February 14, the Legislative Assembly reformed the labor code in order to grant employment stability to persons suffering from chronic diseases that require frequent medical checks and rehabilitation. The reform applies to women who are pregnant and ensures job security during pregnancy. The guarantee of job stability starts from the issuance of the corresponding medical diagnosis and is extended for three months after the respective medical treatment has ended, except for the causes established in Article 50 of the labor code, which include serious immoral acts, breaches of confidentiality and recurring negligence.

e. Acceptable Conditions of Work

There is no national minimum wage; the minimum wage is determined by sector. In 2018 a minimum wage increase went into effect that included increases of nearly 40 percent for apparel assembly workers and more than 100 percent for workers in coffee and sugar harvesting. All of these wage rates were above poverty income levels. The government proved more effective in enforcing the minimum wage law in the formal sector than in the informal sector. As of June the Ministry of Labor had registered three complaints of noncompliance with the minimum wage.

The law sets a maximum normal workweek of 44 hours, limited to no more than six days and to no more than eight hours per day, but allows overtime, which is to be paid at a rate of double the usual hourly wage. The law mandates that full-time employees receive pay for an eight-hour day of rest in addition to the 44-hour normal workweek. The law provides that employers must pay double time for work on designated annual holidays, a Christmas bonus based on the time of service of the employee, and 15 days of paid annual leave. The law prohibits compulsory overtime. The law states that domestic employees, such as maids and gardeners, are obligated to work on holidays if their employer makes this request, but they are entitled to double pay in these instances. The government did not adequately enforce these laws.

The Ministry of Labor is responsible for setting and enforcing workplace safety standards, and the law establishes a tripartite committee to review the standards. The law requires employers to take steps to meet health and safety requirements in the workplace, including providing proper equipment and training and a violence-free environment. Employers who violate most labor laws could be penalized, but penalties were not sufficient to deter violations; some companies reportedly found it more cost effective to pay the fines than to comply with the law. The law promotes occupational safety awareness, training, and worker participation in occupational health and safety matters. While the laws were appropriate for the main industries, the government did not effectively enforce them.

Unions reported the ministry failed to enforce the law for subcontracted workers hired for public reconstruction contracts. The government provided its inspectors updated training in both occupational safety and labor standards. As of June the ministry conducted 13,315 inspections, in addition to 3,857 inspections to follow up with prior investigations, and had levied $777,000 in fines against businesses.

The number of inspectors was insufficient to deter violations and allegations of corruption among labor inspectors continued. The Labor Ministry received complaints regarding failure to pay overtime, minimum wage violations, unpaid salaries, and cases of employers illegally withholding benefits (including social security and pension funds) from workers.

Reports of overtime and wage violations existed in several sectors. According to the Labor Ministry, employers in the agricultural sector did not generally grant annual bonuses, vacation days, or days of rest. Women in domestic service and the industrial manufacturing for export industry, particularly in the export-processing zones, faced exploitation, mistreatment, verbal abuse, threats, sexual harassment, and generally poor work conditions. Workers in the construction industry and domestic service reportedly experienced violations of wage, hour, and safety laws. According to ORMUSA, apparel companies violated women’s rights through occupational health violations and unpaid overtime. There were reports of occupational safety and health violations in other sectors, including reports that a very large percentage of buildings did not meet safety standards set by the General Law on Risk Protection. The government proved ineffective in pursuing such violations.

In some cases the country’s high crime rate undermined acceptable conditions of work as well as workers’ psychological and physical health. Some workers, such as bus drivers, bill collectors, messengers, and teachers in high-risk areas, reported being subject to extortion and death threats by gang members.

Through September 30, the Ministry of Labor reported 6,771 workplace accidents. These included 3,069 accidents in the services sector, 2,090 in the industrial sector, 785 in the commercial sector, 605 in the public sector, and 222 in the agricultural sector. The ministry did not report any deaths from workplace accidents.

Workers may legally remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities lacked the ability to protect employees in this situation effectively.

Guatemala

Executive Summary

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. The intimidation of and violence against journalists resulted in significant self-censorship, however.

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

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

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

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

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

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

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

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

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.

Human rights defenders, as well as judges and lawyers on high-profile cases, reported social media attacks, including the hacking of their private accounts, publishing of stolen or falsified personal information, publishing of photographic surveillance of them and family members, and online defamation and hate speech. The government took little action to protect these individuals.

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

b. Freedoms of Peaceful Assembly and Association

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

The law provides for freedom of assembly, and the government generally respected this right, except during the declared state of siege noted above.

The law provides for freedom of association, and the government generally respected this right, except during the declared state of siege noted above. There were reports, however, of significant barriers to organizing in the labor sector (see section 7.a.).

c. Freedom of Religion

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

d. Freedom of Movement

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

The Office of the UN High Commissioner for Refugees (UNHCR) expressed concern regarding violence against internally displaced persons (IDPs) and strengthened its efforts to monitor the problem and provide assistance to the displaced. The country does not officially recognize the existence of IDPs within its borders, with the exception of those displaced by climate change and natural disasters. The Inter-American Commission on Human Rights characterized as IDPs 400 farmers the government evicted from the Maya Biosphere Reserve in 2017. Media and civil society groups reported the evictees did not receive adequate government assistance and continued to struggle with poverty and landlessness.

f. Protection of Refugees

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

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

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage for those ages 18 and older. Members of the armed forces, police, and incarcerated individuals are not eligible to vote.

Recent Elections: In August, Alejandro Giammattei of the VAMOS for a Different Guatemala party defeated National Unity of Hope candidate Sandra Torres in a second round of voting and was to be sworn in as president in January 2020. The Organization of American States and other international observers found some irregularities in the electoral process, but none were significant enough to discredit the legitimacy and validity of the elections. During the presidential campaign, however, two of the top candidates in the polls were disqualified from being placed on the ballot. Zury Rios, daughter of former president Efrain Rios Montt, and Thelma Aldana, former attorney general, both claimed the rulings against them were politically motivated. The Attorney General’s Office continued to investigate allegations of illicit campaign financing in the 2015 elections, including a case against Sandra Torres and the National Unity of Hope party.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. Traditional and cultural practices, in addition to discrimination and institutional bias, however, limited the political participation of women and members of indigenous groups.

There was one woman serving in the 13-member cabinet, 30 in the 158-member Congress, and 10 among the 340 municipal mayors. While the indigenous population constituted an estimated 43 percent of the population, according to the 2018 government census, indigenous representation in national government was minimal. There was one indigenous member on the Constitutional Court and one on the Supreme Court. There were approximately 18 indigenous members of Congress, of whom two were women. Indigenous individuals composed a larger share of elected local government officials, filling approximately one-third (113 of 333) of the mayoral seats elected in 2015.

Section 4. Corruption and Lack of Transparency in Government

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively.

Rape and other sexual offenses remained serious problems. The government took steps to combat femicide and violence against women. The judiciary continued to operate a 24-hour court in Guatemala City to offer services related to violence directed toward women, including sexual assault, exploitation, and trafficking of women and children. The judiciary also operated specialized courts for violence against women throughout the country, but not in every department. The Public Ministry maintained a 24-hour victim service center to provide medical, psychosocial, and legal support to victims, including restraining orders for their immediate protection. The ministry also maintained a national alert system for finding disappeared women. Sexual violence remained widespread despite these advances. The ministry reported that 6,231 women were victims of aggravated rape from January to August, compared with 549 cases filed during the same period in 2018.

The law establishes penalties for femicide of 25 to 50 years in prison without the possibility of reducing the sentence; however, femicide remained a significant problem. The NGO Mutual Support Group reported that from January to August, 477 women were killed. Despite a generally decreasing homicide rate for men since 2010, the rate of femicide remained essentially the same.

Violence against women, including sexual and domestic violence, remained widespread and serious. The law establishes penalties of five to eight years for physical, economic, and psychological violence committed against women due to their gender. The Public Ministry recorded 40,993 instances of violence against women from January to August. The ministry noted that the judicial system convicted 1,149 perpetrators of violence against women. In December 2018 the bodies of former congressional deputy Joaquin Humberto Bracamonte Marquez and his wife Zulma Vyanka Subillaga Dubon, former secretary against sexual violence, exploitation, and human trafficking, were found in their missing vehicle. The Public Ministry investigation, concluded in June, determined Bracamonte had murdered his wife before committing suicide.

In May 2018 authorities arrested seven former members of the civil defense patrols and charged them with sexual violence against 36 Maya Achi women in Rabinal, between 1981 and 1985. On June 21, Judge Claudette Dominguez ruled there was insufficient evidence to send the defendants to trial and ordered them released. The prosecution filed recusal motions against Judge Dominguez, and in September the First High Risk Appellate Court granted the recusal motion and transferred the case to Judge Miguel Angel Galvez; however, the case remained mired in a series of unresolved appeals.

Sexual Harassment: No single law, including laws against sexual violence, deals directly with sexual harassment, although several laws refer to it. Human rights organizations reported sexual harassment was widespread.

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

Discrimination: Although the law establishes the principle of gender equality and criminalizes discrimination, women, and particularly indigenous women, faced discrimination and were less likely to hold management positions.

Birth Registration: Children derive citizenship by birth within the country’s territory or from their parents. UNICEF described low birth registration as a “serious problem,” and UNHCR reported problems in registering births were especially acute in indigenous communities due to inadequate government registration and documentation systems. Lack of registration restricted children’s access to some public services and created conditions that could lead to statelessness.

Education: While primary education is compulsory through age 14, access was limited in many rural areas; education through the secondary level is not obligatory. Boys were prioritized for high school education in rural communities due to the need to travel long distances and girls’ perceived value in the home.

Child Abuse: Child abuse remained a serious problem. A unit under the Office of the Special Prosecutor for Crimes against Children and Adolescents handled child abuse cases. The Public Ministry opened an integrated 24-hour care model providing medical, psychosocial, and legal support to children and adolescent victims of violence. The ministry reported 7,089 reports of minor abuse of all types, approximately 2,000 fewer than in 2018. The ministry reported 54 convictions for child abuse from January through August, compared with 82 during the same period in 2018.

NGOs supporting at-risk youth reported adolescents detained by police were subject to abusive treatment, including physical assaults.

Early and Forced Marriage: The legal age for marriage is 18. There were reports of early and forced marriages in some rural indigenous communities and in the Lev Tahor religious community. A 2017 decree prohibits underage marriage. The National Registry of Persons reported no attempted registration of underage marriage since enactment of the decree.

Sexual Exploitation of Children: The law provides sentences ranging from 13 to 24 years in prison, depending on the victim’s age, for engaging in sex with a minor. The minimum age of consensual sex is 18.

The law prohibits child pornography and establishes penalties of six to 10 years in prison for producing, promoting, and selling child pornography and two to four years’ imprisonment for possessing it. The Public Ministry and the PNC conducted several raids against alleged online child pornography networks. The Regional Unit against Trafficking in Persons, responsible for eight departments in the Western Highlands and launched in 2018, was expanding the government’s investigative capacity against child pornography offenders. The commercial sexual exploitation of children, including child sex tourism, remained a problem, including in privately run orphanages.

Displaced Children: Criminals and gangs often recruited street children, many of them victims of domestic abuse, for purposes of stealing, extortion, prostitution, transporting contraband, and conducting illegal drug activities.

Institutionalized Children: More than 500 children and adolescents lived in shelters run by the Secretariat for Social Welfare (SBS). During the year the Secretariat against Sexual Violence, Exploitation, and Trafficking in Persons transferred control of three shelters to the SBS, as mandated by the government.

Overcrowding was common in shelters, and government funding for orphanages remained limited. Local and international human rights organizations, including Disability Rights International, raised concerns that child abuse was rampant. A 2018 investigative report claimed children with disabilities were consistently mistreated and neglected, including by being locked in cages.

On August 22, a judge denied house arrest for former SBS secretary Carlos Rodas and former deputy secretary for protection and shelter Anahi Keller, and they remained in prison. The two, former shelter director Santos Torres, and four others were charged with murder, abuse of authority, breach of duty, and abuse against minors in relation to the deaths of 41 girls in a 2017 fire at the Hogar Seguro orphanage. As of November the public trial, which was the final stage of the criminal proceeding, had not begun. The government did not make significant structural changes to the national shelter system.

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

The Jewish population numbered approximately 1,500 persons. There were no reports of anti-Semitic acts.

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

The constitution contains no specific prohibitions against discrimination based on physical, sensory, intellectual, and mental disabilities. The law, however, mandates equal access to public facilities and provides some other legal protections. In many cases, however, the law was not enforced. The law does not mandate that persons with disabilities have access to information or communications.

The National Council for Persons with Disabilities reported few persons with disabilities attended educational institutions or held jobs. The council, composed of representatives of relevant government ministries and agencies, is the principal government entity responsible for protecting the rights of persons with disabilities. Most schools and universities did not have facilities accessible to persons with disabilities, and there was no reliable data on the prevalence of disabilities in the school-age population.

The Federico Mora National Hospital for Mental Health, the only public health-care provider for persons with mental illness, lacked basic supplies, equipment, hygienic living conditions, and adequate professional staff. Media and human rights organizations reported mistreatment of residents, including physical, psychological, and sexual violence by other residents, guards, and hospital staff, especially with respect to women and children with disabilities. Multiple legal actions were pending against the hospital.

The government’s National Institute of Statistics estimated indigenous persons from 24 ethnic groups comprised 44 percent of the population. The law provides for equal rights for indigenous persons and obliges the government to recognize, respect, and promote the lifestyles, customs, traditions, social organizations, and manner of dress of indigenous persons. The government does not recognize particular indigenous groups as having a special legal status provided by national law.

Multiple local NGOs raised concerns over the killings of at least six indigenous leaders from January through September. According to NGO assessments, at least three of the victims may have been targeted because of their political involvement and advocacy for indigenous rights. On July 5, Isidro Perez and Melesio Ramirez were killed near Livingston by an armed group alleged to be connected to a former government minister. The Committee for Rural Development (CODECA) and indigenous leaders reported that Perez and Ramirez were killed during a CODECA protest and targeted due to their indigenous land rights activism. On September 14, Maya Achi Ancestral Authority representative Paulina Cruz Ruiz was killed in Baja Verapaz by unidentified gunmen in front of her house. Ruiz was active in organizing the March for Dignity in 2018 and had assisted the Maya Achi Ancestral Authorities to bring legal actions against mining projects in the area.

Indigenous representatives claimed actors in a number of regional development projects failed to consult meaningfully with local communities. In some cases indigenous communities were not able to participate in decisions affecting the exploitation of resources in their communities, including energy, minerals, timber, rivers, or other natural resources. They also lacked effective mechanisms for dialogue with the state to resolve conflicts, as Congress had not approved a legislative proposal to guide the implementation of prior consultation, as required by International Labor Organization (ILO) Convention 169. In 2018 the Constitutional Court ordered the Ministry of Energy and Mines to hold ILO Convention 169-compliant consultations with Xinka populations and upheld the suspension of the operating license of the San Rafael Mine until after conclusion of the consultations. As of October the government and Xinka authorities were negotiating who would represent the Xinka community in the consultations.

In July the Constitutional Court ordered the provisional closure of the Fenix nickel mine in Izabal Department, near the border with Honduras, until the Ministry of Energy and Mines conducted ILO 169-compliant consultations with local communities. The Russian conglomerate Solway, which bought the mine in 2014, was accused of violence against indigenous activists and illegal extraction of undeclared materials. The OHCHR reported the mine continued operations despite the court order to suspend activities. The OHCHR also reported the mine began operations in the Barrio Nuevo area despite a lack of consultations with local communities during the September state of siege declared by the government.

Indigenous communities were underrepresented in national politics and remained largely outside the political, economic, social, and cultural mainstream. This was mainly due to limited educational opportunities (contrary to law), limited communication regarding their rights, and pervasive discrimination. Government agencies dedicated to supporting indigenous rights lacked political support. These factors contributed to disproportionate poverty and malnutrition among most indigenous populations.

Indigenous lands lacked effective demarcation, making the legal recognition of titles to the land problematic. Indigenous rights advocates asserted that security authorities lacked familiarity with indigenous norms and practices, which engendered misunderstandings. In February the government established the “Road to Prosperity,” a program to facilitate and implement an inclusive, participatory, and transparent dialogue between government officials and indigenous peoples to analyze and identify local needs and gaps in government services and to improve the quality and coverage of public services and projects.

The law does not extend specific antidiscrimination protections to LGBTI individuals based on their sexual orientation, gender identity or expression, or sex characteristics. Efforts to pass laws against such discrimination, including a gender identity law, encountered severe opposition among legislators.

LGBTI human rights groups stated police officers regularly engaged in extortion and harassed male and transgender individuals whom they alleged to be sex workers. There was general societal discrimination against LGBTI persons in access to education, health care, employment, and housing. The government made minimal efforts to address this discrimination. Aldo Davila, elected in June and the first openly gay member of Congress, reported receiving constant death threats during and after the elections due to his sexual orientation, activism, and heightened public image. Several attacks targeted journalists for supposed membership in the LGBTI community. PNC officials visited one local LGBTI NGO’s office in August and stayed outside for hours, which the group claimed was an attempt to intimidate LGBTI victims of violence who were seeking shelter in the office.

According to LGBTI activists, gay and transgender individuals often experienced police abuse. The local NGO National Network for Sexual Diversity and HIV and the Lambda Association reported that as of October, a total of 20 LGBTI persons had been killed, including several transgender individuals the NGOs believed were targeted due to their sexual orientation. Several were killed in their homes or at LGBTI spaces in Guatemala City. LGBTI groups claimed women experienced specific forms of discrimination, such as forced marriages and forced pregnancies through “corrective rape,” although these incidents were rarely, if ever, reported to authorities. In addition, transgender individuals faced severe discrimination.

The law includes HIV/AIDS status among the categories prohibited from discrimination. Societal discrimination against persons with HIV/AIDS remained a problem, however, despite efforts by the Ministry of Health to address it. Forms of discrimination included being required by some government authorities to reveal HIV/AIDS test results to receive certain public benefits or from employers in order to be hired. In addition, HIV/AIDS patients experienced discrimination from medical personnel when receiving services at some public hospitals and clinics, and had their right to confidentiality violated by disclosure of their status. Discrimination against LGBTI persons with HIV/AIDS was particularly common and affected access to HIV-prevention programs, especially for transgender individuals.

Several times vigilante mobs attacked and killed those suspected of crimes such as rape, kidnapping, theft, or extortion. The NGO Mutual Support Group reported three persons were lynched and 22 injured in attempted lynchings by vigilante groups from January through June.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

d. Discrimination with Respect to Employment and Occupation

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

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

e. Acceptable Conditions of Work

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

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

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

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

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

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

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

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

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

Honduras

Executive Summary

Honduras is a constitutional, multiparty republic. The country last held national and local elections in November 2017. Voters elected Juan Orlando Hernandez of the National Party as president for a four-year term beginning January 2018. International observers generally recognized the elections as free but disputed the fairness and transparency of the results.

The Honduran National Police (HNP) maintain internal security and report to the Secretariat of Security. The armed forces, which report to the Secretariat of Defense, are responsible for external security but also exercise some domestic security responsibilities in a supporting role to the HNP and other civilian authorities. Some larger cities have police forces that operate independently of the HNP and report to municipal authorities. The Military Police of Public Order (PMOP) report to military authorities but conduct operations sanctioned by civilian security officials as well as by military leaders. The National Interinstitutional Security Force (FUSINA) coordinates the overlapping responsibilities of the HNP, PMOP, National Intelligence Directorate, Public Ministry, and national court system. Although FUSINA reports to the National Security and Defense Council, it did not have an effective command and control infrastructure. As a result, civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings; torture; harsh and life-threatening prison conditions; arbitrary arrest or detention; killings of and threats to media members by criminal elements; criminalization of libel, although no cases were reported; widespread government corruption; and threats and violence against indigenous, Afro-descendent communities, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

The government continued to prosecute and punish officials who committed abuses, but a weak judicial system and corruption were major obstacles to gaining convictions.

Organized criminal elements, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of homicide, torture, kidnapping, extortion, human trafficking, intimidation, and other threats and violence directed against human rights defenders, judicial authorities, lawyers, the business community, journalists, bloggers, women, and members of vulnerable populations. The government investigated and prosecuted many of these crimes, particularly through the HNP’s Violent Crimes Task Force.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, with some restrictions, and the government generally respected this right. A small number of powerful business magnates with intersecting commercial, political, and family ties owned most of the major news media.

Freedom of Expression: The law includes a provision to punish persons who directly or through public media incite discrimination, contempt, repression, or violence against a person, group, or organization for reasons of gender, age, sexual orientation, gender identity, political opinion or affiliation, marital status, race or national origin, language, nationality, religion, family affiliation, family or economic situation, disability, health, physical appearance, or any other characteristic that would offend the victim’s human dignity.

Violence and Harassment: There were continued reports of harassment and threats against journalists, media figures, and bloggers. On March 17, a gunman shot and killed journalist Gabriel Hernandez in Nacome, Valle Department. Hernandez directed the television program The People Speak, where he discussed social issues and local politics. As of December the Secretariat of Human Rights had no information regarding an investigation or arrest in the case. In June a court found 12 members of the 18th Street gang guilty for their connections to the 2017 murder of Igor Padilla, a television journalist with the network HCH.

Government officials at all levels publicly denounced violence and threats of violence against media members and social communicators. It was usually unclear whether violence and threats against journalists were linked to their work or were products of generalized violence.

The government allocated a budget of nearly 25 million lempiras (one million dollars) for the continued operation of a protection mechanism that included provision of protection to journalists. By August it had provided protection to 39 journalists, among other types of activists and human rights defenders. Some nongovernmental organizations (NGOs) continued to express concern about weak implementation of the law and limited resources available to operate the government’s protection mechanism. Civil society organizations continued to criticize the government’s failure to investigate threats adequately.

The HNP’s Violent Crimes Task Force investigated crimes against high-profile and particularly vulnerable victims, including journalists (as well as judges, human rights activists, and members of the LGBTI community). As of September the task force had submitted 17 cases to the Public Ministry, arrested 24 persons, and obtained four convictions.

Censorship or Content Restrictions: Media members and NGOs stated the press self-censored due to fear of retaliation from organized crime or corrupt government officials.

Libel/Slander Laws: Citizens, including public officials, may initiate criminal proceedings for libel and slander. No cases were reported during the year.

Nongovernmental Impact: Some journalists and other members of civil society reported threats from members of organized crime. It was unclear how many of these threats were related to the victims’ professions or activism. Several anonymous social media sites, possibly linked to political parties, criticized journalists (as well as activists and civil society organizations) who were critical of the government or opposition party policies.

The government did not restrict or disrupt access to the internet or censor online content, but in contrast with 2018, there were no credible reports that the government monitored private online communications without appropriate legal authority.

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

b. Freedoms of Peaceful Assembly and Association

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

The law provides for freedom of peaceful assembly, and the government generally respected this right. The law requires a judge to issue an eviction order for individuals occupying public and private property if security forces have not evicted the individuals within a specified period of the occupation. Some local and international civil society organizations, including students, agricultural workers groups, political parties, and indigenous rights groups, alleged that members of the security forces used excessive force to break up demonstrations. The IACHR reported that the government at times used a policy of arbitrary detentions or arrests to inhibit protest.

On June 19, a soldier allegedly killed Eblin Noel Corea Maradiaga, a 17-year-old student, in Yarumela, La Paz, where a road had been blocked during a protest earlier that day. On September 19, the Office of the Special Prosecutor for Crimes against Life and ATIC arrested Adan Garcia Banegas, a member of the armed forces, for his alleged role in Maradiaga’s death. The Secretariat of Defense’s Human Rights Division worked with the Attorney General’s Office to investigate the June 19 incident, which occurred in the context of widespread unrest in the country.

The law provides for freedom of association, and the government generally respected this right. The law prohibits illicit association, defined as gatherings by persons bearing arms, explosive devices, or dangerous objects with the purpose of committing a crime, and prescribes prison terms of two to four years and a fine of 30,000 to 60,000 lempiras ($1,200 to $2,400) for anyone who convokes or directs an illicit meeting or demonstration. There were no reports of such cases during the year, although authorities charged some protesters with sedition. Public-sector unions expressed concern over some officials refusing to honor bargaining agreements and firing union leaders. The law prohibits police from unionizing (see section 7.a.).

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: There were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.

In 2018 the Internal Displacement Monitoring Center estimated there were approximately 191,000 internally displaced persons (IDPs) in the country. Internal displacement was generally caused by violence, national and transnational gang activity, and human trafficking. Official data on forced internal displacement was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children).

The government maintained the Interinstitutional Commission for the Protection of People Displaced by Violence and created the Directorate for the Protection of Persons Internally Displaced by Violence within the Secretariat of Human Rights. Both the ministry and the commission focused on developing policies to address IDPs. Under the Regional Integral Framework for Protection and Solutions, the government continued to strengthen its capacity to provide services to key population groups, including refugees and returned migrants, through 14 commitments and 28 specific actions between 2018 and 2020. As of November 14, the government had implemented 15 of the 28 actions to promote the safe, voluntary, dignified return, resettlement, or local integration of IDPs.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Transiting migrants were vulnerable to abuse by criminal organizations. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations to provide protection and assistance to refugees and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status. The government has a nascent system to provide protection to refugees, the effectiveness of which had not been fully proven by year’s end, but at times there were delays in processing provisional permits for asylum applicants.

Not Applicable.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the right to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage. The law does not permit active members of the military or civilian security forces to vote. The constitution prohibits practicing clergy from running for office or participating in political campaigns.

Recent Elections: In December 2017 Juan Orlando Hernandez of the National Party was declared the winner in the November elections. International observers generally agreed the elections were free but disputed the fairness and transparency of the results. The Organization of American States (OAS) and EU observer teams agreed that the margin of victory separating incumbent president Hernandez from challenger Salvador Nasralla was extremely narrow. The OAS mission found that the 1.5 percent margin of victory, combined with numerous irregularities in vote processing, left it unable to state with certainty who won the presidential election. The EU mission agreed there were serious irregularities in the process but concluded that safeguards built into the system, including posting of voting results forms on a public website, helped promote transparency. NGOs reported irregularities, including problems with voter rolls, buying and selling of electoral workers’ credentials, and lack of transparency in campaign financing.

Political Parties and Political Participation: Civil society and opposition parties accused officials of using government resources to attract voters.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate. Women, however, suffered political violence, which ranged from harassment for voting against party lines to receiving death threats for their political participation. Women held 22 percent of seats in the National Congress, and fewer women participated in regional and local politics.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials, but authorities did not implement the law effectively, and officials continued to engage in corrupt practices with impunity. There were numerous reports of government corruption during the year. The government took steps to address corruption at high levels in government agencies, including arresting and charging members of congress, judges, prosecutors, sitting and former senior officials, mayors and other local authorities, and police officers. Anticorruption efforts continued to lag and remained an area of concern, as well as the government’s ability to protect justice operators, such as prosecutors and judges.

In 2016 the OAS Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH) began collaborating with the judiciary, the Public Ministry, and other institutions to prevent and investigate acts of corruption. Prompted by MACCIH’s work, the Public Ministry created an anticorruption unit (UFECIC) that undertook cases for investigation, including 13 major cases in conjunction with MACCIH. MACCIH assisted the Supreme Court with the establishment of an anticorruption court with national jurisdiction.

Corruption: As of October UFECIC, in collaboration with MACCIH, had presented 13 case investigations, including against former first lady Rosa Elena Bonilla de Lobo, spouse of former president Porfirio Lobo, which resulted in her conviction in August on fraud and misappropriation of public funds and a sentence of 58 years in prison. Several cases involved accusations against members of congress, such as the fe de erratas (erratum) case against two members of congress accused of altering legislation and the Network of Congresspersons case, in which five officials were accused of diverting public funds. In March, UFECIC presented two cases to the anticorruption court related to hydroelectric projects, Patuca III Collusion and Corruption and Fraud in el Gualcarque. The latter was based on multiple reports of irregularities in hydroelectric projects managed by the company DESA, presented by the deceased environmental defender Berta Caceres and involving David Castillo, accused of being one of the alleged intellectual authors in Caceres’ killing. In May UFECIC presented a case referred to as Narcopolitics, which accused 12 citizens of being part of a money-laundering scheme that moved funds from international drug trafficking through large-scale public works projects contracted by the government, most of which were never carried out. The son of former president Porfirio Lobo Sosa, who was serving a prison sentence in the United States, was named in this case.

During the year the National Anticorruption Council (CNA) presented eight high-profile cases to the Public Ministry, citing several public administration and elected officials and relatives of former presidents. In February the CNA presented a case against former president Lobo and former Central Bank president Wilfredo Cerrato for violation of the duties of public servants and embezzlement of public funds. Following the announcements of these cases, the CNA reported being the target of harassment campaigns and threats.

Financial Disclosure: Public officials are subject to a financial disclosure law but did not always comply. The law mandates that the Supreme Auditing Tribunal monitor and verify disclosures. The tribunal published its reports on its website and cited the names of public officials who did not comply with the disclosure law.

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

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views, but some human rights organizations criticized government officials for lack of access and responsiveness.

The United Nations or Other International Bodies: Some civil society organizations criticized the government for failing to comply with, or inadequately complying with, recommendations by the Inter-American Commission of Human Rights and protection measures ordered by the government and recommended by the IACHR.

Government Human Rights Bodies: A semiautonomous commissioner for human rights served as an ombudsman and investigated complaints of human rights abuses. With offices throughout the country, the ombudsman received cases that otherwise may not have risen to national attention. The Secretariat of Human Rights served as an effective advocate for human rights within the government. The Public Ministry’s Office of the Special Prosecutor for Human Rights handled cases involving charges of human rights abuses by government officials. In 2018 the Public Ministry also created the Special Prosecutor’s Office for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Officials. There is also a Human Rights Committee in the National Congress. The Ministries of Security and Defense both have human rights offices that investigated alleged human rights abuses and coordinated human rights-related activities with the Secretariat of Human Rights.

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

Rape and Domestic Violence: The law criminalizes all forms of rape of men or women, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from three to nine years’ imprisonment, and the courts enforced these penalties.

According to UNAH Violence Observatory statistics, killings of women decreased from 9.1 deaths per 100,000 in 2016 to 8.2 per 100,000 in 2018, and to 7.9 per 100,000 as of June. Women in domestic situations were the most vulnerable group, accounting for approximately 40 percent of these deaths.

The law criminalizes domestic violence and provides penalties of up to four years in prison for domestic violence. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Female victims of domestic violence are entitled to certain protective measures. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of intrafamilial violence.

The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement of the law. Due to impunity rates of up to 90 percent in the courts, women often did not report the crime, or withdrew the case, because they feared or were economically dependent on the aggressor. In addition, women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the judiciary, the Public Ministry, the National Police, and the Secretariat of Health attempted to enhance their response to domestic violence, but obstacles included insufficient political will, inadequate budgets, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms. Additionally, the National Institute for Women lost authority and power to advocate for female victims when it was folded into the Sectorial Cabinet of Inclusion and Social Development. NGOs, human rights organizations, and universities offered alternative legal services, care, and support but were limited by budget and size.

In cooperation with the UN Development Program, the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices–one in each municipality–that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.

Sexual Harassment: The law criminalizes various forms of sexual harassment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.

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

Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.

Birth Registration: Children derive citizenship by birth in the country, from the citizenship of their parents, or by naturalization.

Child Abuse: Child abuse remained a serious problem. The law establishes prison sentences of up to three years for child abuse. As of July 30, the Violence Observatory reported killings of 264 persons younger than 23.

Early and Forced Marriage: The minimum legal age of marriage for both boys and girls is 18. According to UNICEF, 8 percent of children were married before age 15 and 34 percent before age 18.

Sexual Exploitation of Children: The commercial sexual exploitation of children, especially in sex trafficking, continued to be a problem. The country was a destination for child sex tourism. The legal age of consent is 18. There is no statutory rape law, but the penalty for rape of a minor younger than 12 is 15 to 20 years in prison, or nine to 13 years in prison if the victim is 13 or older. Penalties for facilitating child sex trafficking are 10 to 15 years in prison, with fines ranging from one million to 2.5 million lempiras ($40,000 to $100,000). The law prohibits the use of children younger than 18 for exhibitions or performances of a sexual nature or in the production of pornography.

Displaced Children: Civil society organizations reported that common causes of forced displacement for youth included death threats for failure to pay extortion, attempted recruitment by gangs, witnessing criminal activity by gangs or organized crime, domestic violence, attempted kidnappings, family members’ involvement in drug dealing, victimization by traffickers, discrimination based on sexual orientation, sexual harassment, and discrimination for having a chronic illness.

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

The Jewish community numbered more than 250 members. There were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The Public Ministry is responsible for prosecuting violations. The law requires that persons with disabilities have access to buildings, but few buildings were accessible, and the national government did not effectively implement laws or programs to provide such access.

The government has an Office for People with Disabilities located within the Ministry of Development and Social Inclusion, but its ability to provide services to persons with disabilities was limited. Mental health professionals expressed concern about social stigma by families and communities against persons with mental disabilities and a lack of access to mental health care throughout the country.

In the 2013 census, approximately 8.5 percent of the population identified themselves as members of indigenous communities, but other estimates were higher. Indigenous groups included the Miskito, Tawahkas, Pech, Tolupans, Lencas, Maya-Chortis, Nahual, Bay Islanders, and Garifunas. They had limited representation in the national government and consequently little direct input into decisions affecting their lands, cultures, traditions, and the allocation of natural resources.

Indigenous communities continued to report threats and acts of violence against them and against community and environmental activists. Violence was often rooted in a broader context of conflict over land and natural resources, extensive corruption, lack of transparency and community consultation, other criminal activity, and limited state ability to protect the rights of vulnerable communities.

Ethnic minority rights leaders, international NGOs, and farmworker organizations continued to claim that the government failed to redress actions taken by security forces, government agencies, and private individuals and businesses to dislodge farmers and indigenous persons from lands over which they claimed ownership based on land reform law or ancestral land titles.

Persons from indigenous and Afro-descendent communities continued to experience discrimination in employment, education, housing, and health services. An IACHR report noted there were insufficient hospital beds and inadequate supplies at the only hospital that services Gracias a Dios Department, home to the majority of the Miskito community. On September 8, Garifuna leader Mirna Suazo was shot and killed by two assailants on a motorcycle. Three other Garifuna women also were killed within three days of Suazo’s killing. The government was investigating these crimes and had arrested suspects as of November.

The law states that sexual orientation and gender identity characteristics merit special protection from discrimination and includes these characteristics in a hate crimes amendment to the penal code. Nevertheless, social discrimination against LGBTI persons persisted, as did physical violence. Local media and LGBTI human rights NGOs reported an increase in the number of killings of LGBTI persons during the year. Impunity for such crimes was a problem, as was the impunity rate for all types of crime. According to the Violence Observatory, of the 317 cases since 2009 of hate crimes and violence against members of the LGBTI population, 92 percent had gone unpunished.

CONADEH reported 16 hate crimes against transgender women through September. In June, three LGBTI individuals were killed, and four LGBTI persons were killed during one weekend in July. One of the victims, a young transgender woman known as Shakira or “La Moy,” was violently killed in the department of Cortes. The government responded to the multiple LGBTI murders with social media messages condemning the violence against the LGBTI community. The HNP was investigating these crimes and had arrested multiple suspects as of November.

LGBTI rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, substantially increasing their risk of violence. Transgender individuals noted their inability to update identity documents to reflect their gender identity. In September a lesbian student in Tegucigalpa was suspended from school for eight days and forced to attend a private graduation after classmates found photographs on a social media platform of her kissing another young woman.

Persons with HIV and AIDS continued to be targets of discrimination. According to NGO Association for a Better Life, there were reports of forced sterilization of women with HIV, and they suffered disproportionately from gender-based violence. The Ministry of Human Rights reported a study that found that six of 10 persons believed that women with HIV had no right to become pregnant. A study conducted on stigma and discrimination associated with HIV found that 13 percent of citizens believed that anyone has the right to assault a person for identifying as transgender, an increase of 4 percent between 2016 and 2019.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law grants workers the right to form and join unions of their choice, bargain collectively, and strike. It prohibits employer retribution against employees for engaging in trade union activities. The law places restrictions on these rights, such as requiring that a recognized trade union represent at least 30 workers, prohibiting foreign nationals from holding union offices, and requiring that union officials work in the same substantive area of the business as the workers they represent. Through August, eight new unions had been formed. The law prohibits members of the armed forces and police, as well as certain other public employees, from forming labor unions.

The law requires an employer to begin collective bargaining once workers establish a union, and it specifies that if more than one union exists at a company the employer must negotiate with the largest.

The law allows only local unions to call strikes, prohibits labor federations and confederations from calling strikes, and requires that a two-thirds majority of both union and nonunion employees at an enterprise approve a strike. The law prohibits workers from legally striking until after they have attempted and failed to come to agreement with their employer, and it requires workers and employers to participate in a mediation and conciliation process. In addition, the law prohibits strikes in a wide range of economic activities that the government has designated as essential services or that it considers would affect the rights of individuals in the larger community to security, health, education, and economic and social well-being.

The law permits workers in public health care, social security, staple food production, and public utilities (municipal sanitation, water, electricity, and telecommunications) to strike as long as they continue to provide basic services. The law also requires that public-sector workers involved in the refining, transportation, and distribution of petroleum products submit their grievances to the Secretariat of Labor and Social Security (STSS) before striking. The law permits strikes by workers in export-processing zones and free zones for companies that provide services to industrial parks, but it requires that strikes not impede the operations of other factories in such parks. The STSS has the power to declare a work stoppage illegal, and employers may discipline employees consistent with their internal regulations, including by firing strikers, if the STSS rules that a work stoppage is illegal.

The government did not effectively enforce the law. Nearly two years after passage of a comprehensive labor inspection law in 2017, the STSS released implementing regulations based on extensive consultations with the private sector and unions. Employers frequently refused to comply with STSS orders that required them to reinstate workers who had been dismissed for participating in union activities. By law the STSS may fine companies that violate the right to freedom of association. The law permits fines, and while the monetary penalty is sufficient to deter violations, the failure of the government to collect those fines facilitated continued labor code violations. Through August the STSS administered fines of more than 17.6 million lempiras ($704,000). Despite administering fines, through September 30, the government had not collected a fine originating from a labor violation. Both the STSS and the courts may order a company to reinstate workers, but the STSS lacked the means to verify compliance. While there were cases where a worker was reinstated, such as the reinstatement of a union leader in Tegucigalpa following his unlawful dismissal, the reinstatement process in the courts was unduly long, lasting from six months to more than five years.

Workers had difficulty exercising the rights to form and join unions and to engage in collective bargaining, and the government failed to enforce applicable laws effectively. Public-sector trade unionists raised concerns about government interference in trade union activities, including its suspension or ignoring of collective agreements and its dismissals of union members and leaders.

Some employers either refused to engage in collective bargaining or made it very difficult to do so. Some companies also delayed appointing or failed to appoint representatives for required STSS-led mediation, a practice that prolonged the mediation process and impeded the right to strike. There were allegations that companies used collective pacts, which are collective contracts with nonunionized workers, to prevent unionization and collective bargaining because only one collective contract can exist in each workplace. Unions also raised concerns about the use of temporary contracts and part-time employment, suggesting that employers used these mechanisms to prevent unionization and avoid providing full benefits. A Supreme Court ruling requires that both unions and employers notify the STSS of new collective agreements before they go into effect.

Antiunion discrimination continued to be a serious problem. The three major union federations and several civil society groups noted that many companies continued to violate the law despite being fined by government authorities for violations of the labor code. Some failed to remedy violations despite multiple visits by STSS inspectors. Local unions, the AFL-CIO’s Solidarity Center, and other organizations reported that some employers harassed union leaders in attempts to undermine union operations.

The Solidarity Center reported threats against several labor leaders, including a public-sector labor union leader. The Antiunion Violence Network reported more than 50 cases of antiunion violence, including the killing of a trade unionist during protests by the education and health sectors.

Labor activists alleged that automotive component producer Honduras Electrical Distribution Systems (Kyungshin Lear) refused to engage in collective bargaining. Some companies in other sectors, including the melon and palm industries, established employer-controlled unions that prevented the formation of independent unions because of legal restrictions on the number of unions and collective bargaining agreements allowed per company.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced labor, but the government did not effectively implement or enforce these laws. Administrative penalties were insufficient to deter violations and were rarely enforced. Penalties for forced labor under antitrafficking law range from 10 to 15 years’ imprisonment, but authorities often did not enforce them.

Forced labor occurred in street vending, domestic service, the transport of drugs and other illicit goods, and other criminal activity. Victims were primarily impoverished individuals in both rural and urban areas (see section 7.c.). The law requiring prisoners to work at least five hours a day, six days a week took effect in 2016. Regulations for implementing the law were still under development as of September. The Secretariat of Human Rights stated it was taking every precaution to protect prisoners’ rights and assure that the work provided opportunities for prisoners to develop skills they could use in legal economic activities after their release.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law regulates child labor, sets the minimum age for employment at 14, and regulates the hours and types of work that minors younger than 18 may perform. By law all minors between the ages of 14 and 18 in most industries must receive special permission from the STSS to work, and the STSS must perform a home study to verify that there is an economic need for the child to work and that the child not work outside the country or in hazardous conditions, including in offshore fishing. The STSS approved 91 such authorizations through September. The vast majority of children who worked did so without STSS permits. If the STSS grants permission, children between 14 and 16 may work a maximum of four hours a day, and those between 16 and 18 may work up to six hours a day. The law prohibits night work and overtime for minors younger than 18, but the STSS may grant special permission for minors between the ages of 16 to 18 to work in the evening if such employment does not adversely affect their education.

The law requires individuals and companies that employ more than 20 school-age children at their facilities to provide a location for a school.

The government did not effectively enforce the law. Fines for child labor were not sufficient to deter violations. The law also imposes prison sentences of three to five years for child labor violations that endanger the life or morality of a child. The STSS completed 74 inspections and 19 verification inspections as of September and sanctioned two companies for not correcting noncompliant child labor practices.

Estimates of the number of children younger than 18 in the country’s workforce ranged from 370,000 to 510,000. Children often worked on melon, coffee, okra, and sugarcane plantations as well as in other agricultural production; scavenged at garbage dumps; worked in the forestry, hunting, and fishing sectors; worked as domestic servants; peddled goods such as fruit; begged; washed cars; hauled goods; and labored in limestone quarrying and lime production. Most child labor occurred in rural areas. Children often worked alongside family members in agriculture and other work, such as fishing, construction, transportation, and small businesses. Some of the worst forms of child labor occurred, including commercial sexual exploitation of children, and NGOs reported that gangs often forced children to commit crimes, including homicide (see section 6, Children).

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination based on gender, age, sexual orientation, gender identity, political opinion or affiliation, marital status, race or national origin, language, nationality, religion, family affiliation, family or economic situation, disability, health, physical appearance, or any other characteristic that would offend the victim’s human dignity. Penalties include prison sentences of up to five years and monetary fines. The law prohibits employers from requiring pregnancy tests as a prerequisite for employment; penalties were not sufficient to deter violations. The government did not effectively enforce these laws and regulations.

Many employers discriminated against women. Persons with disabilities, indigenous and Afro-Honduran persons, LGBTI persons, and persons with HIV/AIDS also faced discrimination in employment and occupation (see section 6).

e. Acceptable Conditions of Work

There are 42 categories of monthly minimum wages, based on the industry and the size of a company’s workforce; the minimum average is above the poverty line. The law does not cover domestic workers.

The law applies equally to citizens and foreigners, regardless of gender, and prescribes a maximum eight-hour shift per day for most workers, a 44-hour workweek, and at least one 24-hour rest period for every six days of work. It also provides for paid national holidays and annual leave. The law requires overtime pay, bans excessive compulsory overtime, limits overtime to four hours a day for a maximum workday of 12 hours, and prohibits the practice of requiring workers to complete work quotas before leaving their place of employment. The law does not protect domestic workers effectively. In many industries, including agriculture, cleaning, and security, employers did not respect maternity rights or pay minimum wage, overtime, or vacation. In these sectors employers frequently paid workers for the standard 44-hour workweek no matter how many additional hours they worked. In the agricultural sector, companies frequently paid less than minimum wage to most workers, with less than 1 percent of agricultural workers receiving the minimum wage. In security and domestic service sectors, workers were frequently forced to work more than 60 hours per week but paid only for 44 hours. Through August the STSS recovered 761 million lempiras ($30 million) in overtime payments for 139,135 workers.

Occupational safety and health standards were current but not effectively enforced. By law workers may remove themselves from situations that endanger their health or safety without jeopardizing continued employment. Under the new inspection law, the STSS has the authority temporarily to shut down workplaces where there is an imminent danger of fatalities. There were not enough trained inspectors, however, to deter violations sufficiently.

The STSS is responsible for enforcing the national minimum wage, hours of work, and occupational health and safety laws, but it did so inconsistently and ineffectively. Civil society continued to raise issues of minimum wage violations, highlighting agricultural companies in the south as frequent violators. The 2017 inspection law permits fines, and while the monetary penalty is sufficient to deter violations, the failure of the government to collect those fines facilitated continued labor code violations. As part of the monitoring and action plan agreed between Honduras and a foreign government, the government increased the STSS budget to approximately 79.4 million lempiras (three million dollars). As of September inspectors conducted 14,039 total inspections, including 1,345 unannounced inspections. As of November the STSS had an insufficient number of inspectors to enforce the law effectively.

The STSS reported a significant reduction in company obstruction of labor inspectors, with 226 cases through September. Because labor inspectors continued to be concentrated in Tegucigalpa and San Pedro Sula, full labor inspections and follow-up visits to confirm compliance were far less frequent in other parts of the country. Many inspectors asked workers to provide them with transportation so that they could conduct inspections, since the STSS did not have sufficient resources to pay for travel to worksites. Credible allegations of corruption in the Secretariat of Labor continued.

Authorities did not effectively enforce worker safety standards, particularly in the construction, garment assembly, and agricultural sectors, as well as in the informal economy. Employers rarely paid the minimum wage in the agricultural sector and paid it inconsistently in other sectors. Employers frequently penalized agricultural workers for taking legally authorized days off.

While all formal workers are entitled to social security, there were reports that both public- and private-sector employers failed to pay into the social security system. The STSS may levy a fine against companies that fail to pay social security obligations, but the amount was not sufficient to deter violations.

There continued to be reports of violations of occupational health and safety law affecting the approximately 5,000 persons who made a living by diving for seafood such as lobster, conch, and sea cucumber, most from the Miskito indigenous community and other ethnic minority groups in Gracias a Dios Department. The violations included lack of access to appropriate safety equipment. Through September the STSS inspected 15 fishing boats.

Jamaica

Executive Summary

Jamaica is a constitutional parliamentary democracy. In national elections in 2016, the Jamaica Labour Party led by Prime Minister Andrew Michael Holness won 32 of the 63 seats in the House of Representatives. The party maintained a majority through by-elections in 2017, 2018, and 2019. International and local election observers deemed the elections transparent, free, and fair but noted isolated incidents of violence leading up to and on election day. Observers deemed the by-elections transparent, free, fair, and peaceful.

The prime minister has general authority over the Jamaican Defence Board and as chairman of the board has responsibility for defense-related matters including command, discipline, and administration. He is the de facto minister of defense. The Ministry of National Security is the bureaucratic home of the Jamaica Defence Force (JDF) and directs policy over the security forces. The Jamaica Constabulary Force (JCF) is the country’s police force. It has primary responsibility for internal security and has units for community policing, special response, intelligence gathering, and internal affairs. When the prime minister and Parliament declare a state of emergency, the JDF has arrest authority and operational partnership alongside the JCF. The Passport, Immigration, and Citizenship Agency has responsibility for migration. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included reports of arbitrary and unlawful killings by government security forces; arbitrary detention; harsh and life-threatening conditions in prisons and detention facilities; corruption by officials; and forced child labor. The law criminalizes consensual same-sex activity between men, but the government did not enforce the law during the year.

The government took some steps to investigate and prosecute officials who committed human rights abuses. Nonetheless, there was a general sense that there was not full and swift accountability for all officials alleged to have committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, generally effective judicial protection, and a functioning democratic political system combined to promote freedom of expression, including for the press. Independent media were active and expressed a wide variety of views without restriction.

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

There were no government restrictions on academic freedom.

The Broadcasting Commission of Jamaica continued to bar certain lyrics and music videos, including songs referring to violent sex; violence against women, children, and other vulnerable persons; or questions of race. Such lyrics were expunged prior to broadcast.

b. Freedoms of Peaceful Assembly and Association

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

Abuses of these freedoms often involved the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. In September officials in Montego Bay denied use of the Montego Bay Cultural Center for an LGBTI festival, “Montego Bay Pride.” Officials stated that the cultural center was a building under the management of a government agency and should not be used to hold a function to promote same-sex marriage, which is inconsistent with constitutional mandates. A press release by the Montego Bay Pride group claimed that after the ban, alternative venues either cancelled prior arrangements or refused to rent space “at a reasonable rate.” Event organizers further described being mobbed by angry vendors shouting homophobic slurs and threating violence. Local police advised the situation was so volatile that the police could not provide security for the event without extraordinary measures and expense, effectively forcing the group to cancel the festival.

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law 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 government handles each potential asylum seeker administratively on an individual basis. Through registration the government can grant Jamaican citizenship to those with citizenship in a commonwealth country.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: After the 2016 national elections, the country held by-elections in October 2017, March 2018, and April 2019 to fill seats in Parliament. The Jamaica Labour Party maintained a majority of 33 of the 63 members in the House of Representatives. Observers judged all recent elections to be transparent, 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.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year, and corruption remained a significant problem of public concern. Media and civil society organizations continued to criticize the government for being slow and at times reluctant to prosecute corruption cases.

Corruption: In March Senator Ruel Reid, then minister of education, youth, and information, resigned following allegations of misuse of public funds made by the opposition party’s leadership. Further investigation by the Office of the Director of Public Prosecutions indicated that key players in the scandal might have breached at least four criminal laws. Reid, along with four others, was arrested in October and charged with several counts of corruption, conspiracy to defraud, and misconduct in a public office.

Financial Disclosure: The law requires that members of Parliament, public officials in prescribed positions, and civil servants earning 3.5 million Jamaican dollars (JMD) ($25,000) or more per year disclose their income, liabilities, and assets annually. There were no reports of noncompliance or that the government sanctioned anyone who failed to disclose.

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

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

Government Human Rights Bodies: The Office of the Public Defender investigates abuses of constitutional rights and engages with claimants in a process to seek remediation from the government. The public defender is not authorized to appear in court but may retain attorneys to represent clients on the office’s behalf. The office cannot investigate cases affecting national defense or actions investigable by a court of law. As a commission of Parliament, this organization’s impact depends on the political will associated with the case. Parliament can ignore the commission’s findings or decline to act on recommended actions. This limited the overall efficacy of the organization.

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

Rape and Domestic Violence: The rape of a woman, legally defined as forced penile penetration of the vagina, is illegal and carries a penalty of 15 years to life imprisonment. A criminal who commits sexual assault through anal penetration of either a male or female, however, can only be punished by a maximum of 10 years in prison. This strict definition created wide discrepancies between cases that otherwise had similar elements of sexual assault. The government tried to enforce the law effectively with respect to the rape of a woman but was less effective in cases involving the rape of a man.

Married women do not have the same rights and protections as single women. The law criminalizes spousal rape only when one of the following criteria is met: the act occurs after legal separation or court proceedings to dissolve the marriage; the husband is under a court order not to molest or cohabit with his wife; or the husband knows he has a sexually transmitted disease. Legally, marriage implies sexual consent between husband and wife at all times.

According to estimates by the Jamaican Constabulary Force Statistics and Information Management Unit, there were 432 rape cases in 2018, approximately a 12 percent reduction from 2017. Advocacy groups, however, continued to contend that rape was significantly underreported because victims had little faith in the judicial system and were unwilling to endure lengthy criminal proceedings.

Rape cases continued to occur in gated, all-inclusive resorts on the northern coast, with limited police response. In 2018 a hotel employee entered the hotel room of two foreign women and raped them at gunpoint before being shot by one of the victims. The man escaped from the hotel room but was later arrested after seeking medical assistance at a nearby hospital.

The government operated a Victim Support Unit (VSU) to provide direct support to all crime victims, including crisis intervention, counselling, and legal advocacy. The VSU managed 13 independent parish offices throughout the country, each with its own hotline and staff of trained providers. The VSU coordinated with a network of NGOs capable of providing services such as resiliency counseling and operating shelters. The Child Protection and Family Services Agency (CPFSA) provided similar services for children, although both VSU and CPFSA were understaffed and lacked sufficient capacity to provide comprehensive care to the populations they served. There was an insufficient number of shelters in the capital area for women and children, and even fewer available outside the capital area. Police officers and first responders had limited training about services available to crime victims.

Sexual Harassment: No legislation addresses sexual harassment, and no legal remedy exists for victims. Harassment was a common occurrence, regardless of position or gender. Interviews with junior medical providers indicated that almost all had either experienced harassment or knew a colleague who had. A bill outlining sexual harassment, prohibiting related conduct, and providing provisions for the aggrieved to file complaints was brought to committee in Parliament in July. In July the Ministry of Education, Youth, and Information advised schools and training institutions of their obligation to develop comprehensive policies to address sexual harassment.

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

Discrimination: Although the law provides for the same legal status and rights for women as for men, including equal pay for equal work, women encountered discrimination in the workplace and often earned less than men. Domestic workers were particularly vulnerable to workplace discrimination and sexual harassment.

Birth Registration: Every person born in the country after independence in 1962 is entitled to citizenship. Persons outside the country born to or adopted by one or more Jamaican parents, as well as those married to Jamaican spouses, are entitled to citizenship.

Child Abuse: The law bans child abuse in all forms, including neglect. Corporal punishment is illegal; however, it was practiced informally in the home, schools, and children’s correctional facilities, as well as when a child was under state care. The penalty is a potential fine of 250,000 JMD ($1,800) or a prison sentence with hard labor for a period not to exceed three months. The CPFSA stated that despite outreach campaigns, more than 15,000 incidents of abuse were reported in 2018.

The law requires anyone who knows of or suspects child abuse, whether physical or sexual, to make a report to the registry office, with a penalty of up to 500,000 JMD ($3,500) and six months’ imprisonment, or both, for failure to do so.

Informal corporal punishment and other forms of child abuse were prevalent. Estimates from the NGO Jamaicans for Justice showed that 80 percent of children experienced psychological or physical violence administered as discipline, and a similar number had witnessed a violent crime in their home. Physical punishment in schools remained commonplace. The NGO noted that reports of child abuse trended slightly downward during the year.

Early and Forced Marriage: The legal minimum age for marriage is 18, but children may marry at 16 with parental consent.

Sexual Exploitation of Children: The law criminalizes the commercial sexual exploitation of children and applies to the production, possession, importation, exportation, and distribution of child pornography. It carries a maximum penalty of 20 years’ imprisonment and a fine of 500,000 JMD ($3,500). The law prohibits child sex trafficking and prescribes a penalty of up to 30 years’ imprisonment, a fine, or both. There were continued reports of the commercial sexual exploitation of children.

The law criminalizes sexual relations between an adult and a child–male or female–younger than 16 and provides for penalties ranging from 15 years to life imprisonment. Children have fewer legal protections than adults concerning sexual assault. The legal definition of rape is penile penetration of the vagina. A person who commits anal rape of a child is punished by only 10 years in prison. Similar to the situation for women, the distinction created wide discrepancies between cases that had the same element of sexual assault at their core. The risk of sexual assault reportedly was three times higher for children than adults. Cases were widespread and varied, involving children as young as age four.

Law enforcement continued to be implicated in reports of child rape. A police constable was taken into custody following allegations that he raped a 15-year-old girl in protective custody.

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

Approximately 500 persons in the country practiced Judaism. There were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with disabilities, although it does not mandate accessibility standards. The law was not fully implemented. Persons with disabilities continued to encounter difficulties accessing education, employment, health services, communications, transportation, and other services due to the lack of accessible facilities.

Insufficient resources were allocated for persons with disabilities. There were limitations in access to primary school education, although the constitution provides for the right to primary education for all children. There was also a lack of suitably trained faculty to care for and instruct students with disabilities. Postprimary and postsecondary educational services, vocational training, and life skills development opportunities were limited. Health care reportedly was at times difficult to access, especially for persons with hearing disabilities and persons with mental disabilities. Access problems were more pronounced in rural regions, where limited overall funding restricted the government’s ability to make an impact.

The law criminalizes consensual same-sex sexual relations and anal sex between men. Physical intimacy between men, in public or private, is punishable by two years in prison, and anal sex between men is punishable by up to 10 years with hard labor. There is no comprehensive antidiscrimination legislation.

The government enforced the law that criminalizes anal sex, or “buggery,” only in cases of sexual assault and child molestation. Officials did not prosecute consensual same-sex sexual conduct between men. The legal definitions of rape and buggery create a phenomenon where, under certain circumstances, segments of the population have unequal legal protection from sexual assault. For example, a man who sexually assaults a woman through penile penetration of the vagina is punishable by 15 years to life in prison. This same act, committed through penile anal penetration, of a woman, child, or man, would be punishable by only up to 10 years in prison. Local human rights advocates contended this was unequal protection under the law.

The law does not extend antidiscrimination protections to LGBTI persons on the basis of sexual orientation, gender identity or expression, or sex characteristics. Furthermore, the Inter-American Commission on Human Rights stated the law legitimizes violence towards LGBTI persons.

The NGO J-FLAG (formerly Jamaica Forum for Lesbians, All-Sexuals, and Gays) reported that it received a similar number of cases of discrimination on the basis of sex, sexual orientation, or gender identity against LGBTI individuals during the year, compared with previous years. Many of the cases reported during the year occurred in prior years. Underreporting continued to be a problem, as many of the persons who made reports were reluctant to go to police because of fear of discrimination or police inaction. Other NGOs reported hostility towards LGBTI persons including increased screening for transgender persons at airports.

Government agencies were involved in acts of discrimination (see section 2.b. for additional details).

Civil society, international organizations, and government officials continued to cite stigma and discrimination as factors contributing to low HIV-treatment coverage. The country’s ban on homosexual acts as part of the Offenses against the Person Act disproportionately affected subpopulations such as men who have sex with men and LGBTI individuals, where HIV infection levels were higher than average. Some individuals with HIV reported difficulty obtaining medical care, to the extent that some delayed seeking medical attention or traveled abroad to receive treatment.

The government continued to collaborate with the Emergency Plan for AIDS Relief and the Global Fund to address HIV-related stigma and discrimination. Measures included training for health-care providers on human rights and medical ethics; sensitization of lawmakers and law enforcement officials; reducing discrimination against women in the context of HIV; legal literacy; legal services; and monitoring and reforming laws, regulations, and policies relating to HIV. The minister of health and wellness called for the elimination of stigma and discrimination associated with HIV/AIDS.

The law prohibits HIV-related discrimination in the workplace and provides some legal recourse to persons with HIV who experience discrimination. In rural or poor urban areas, there was less knowledge of the government services and programming available related to HIV.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form or join independent unions and to bargain collectively. The law does not provide for the right to strike, although the constitution provides for the freedom of peaceful assembly and association. Additionally, the law allows all workers to take part, at any appropriate time, in the activities of a trade union of which they are members. The law prohibits antiunion discrimination and provides for the Industrial Disputes Tribunal (IDT) to reinstate a worker for unjustified dismissal. The law makes it a criminal offense to prevent or deter a worker from exercising the right to participate in trade union activities or to dismiss, penalize, or otherwise discriminate against a worker for exercising these rights.

Aspects of the law inhibit the ability of some workers to organize. The government defines 10 categories of services as “essential”: water, electricity, health, hospital, sanitation, transportation, firefighting, corrections, overseas telecommunication, and telephone services. Before workers in these categories can legally strike, they must take their dispute to the Ministry of Labour and Social Security and attempt to settle the dispute through negotiation. The International Labor Organization (ILO) continued to raise concerns that the country’s definition of essential services was too broad. The government prohibits unionizing in export processing zones, which are industrial areas with special tax and trade incentives to attract foreign investment. The ILO expressed concern that penalties may be imposed on workers for their membership and participation in an unregistered trade union. The ILO also expressed concern that the government can carry out inspections and request information about trade union finances at any time.

The law mandates that in the case of doubt or dispute as to whether workers may exercise bargaining rights, the labor and social security minister must conduct a secret ballot requiring that a majority of workers vote. If two or more unions each represent less than 30 percent of workers eligible to vote, the minister grants joint bargaining rights to each of those unions.

The minister of labor and social security may apply through the Supreme Court to curtail an industrial action such as a strike or lockout when the minister determines that the action may be harmful to national security or the national economy, or may have the potential to endanger the lives of a substantial number of persons. The minister refers such cases to compulsory arbitration. The IDT hears cases when management and labor fail to reach agreement, including those involving nonunionized workers.

The government did not effectively enforce the law. Firms and other large employers continued to be able to appeal and delay resolution of their cases for years. While cases should by law be resolved within 21 days, the tribunal took several months to decide most cases. Some cases took longer to resolve due to the complexity of the dispute or delays requested by involved parties. IDT decisions are formal and binding unless challenged specifically on a point of law. Parties may apply for judicial review by the Supreme Court. Penalties were marginally sufficient to deter violations, but large firms allegedly used their influence on the court and the government to shape decisions.

The government generally respected freedom of association and the right to collective bargaining. Worker organizations operated without interference, although the government maintained the right to monitor their activities. While employers generally respected the law prohibiting antiunion discrimination, some labor unions reported that private-sector workers feared management retaliation against unionization. It was not uncommon for private-sector employers to dismiss union workers and rehire them as contractors.

b. Prohibition of Forced or Compulsory Labor

The law criminalizes all forms of forced or compulsory labor. The law also prohibits trafficking in persons and penalizes perpetrators with a fine or imprisonment. Penalties were not sufficient to deter violations. A national task force on trafficking in persons continued outreach to sensitize citizens to forced labor and other trafficking violations, but the government did not effectively enforce the law, and the vast majority of violators were not held criminally accountable.

The country continued to be a source and destination for persons subjected to forced labor, including in domestic work, begging, and the informal sector. Gang members subjected boys to forced criminal activity (see section 7.c.). Foreign citizens were compelled into forced labor aboard foreign-flagged fishing vessels operating in the country’s waters.

The ILO expressed concern over the law’s provision for the imposition of forced prison labor for seafarers in the case of disobedience, neglect of duty, impeding the progress of the voyage, desertion, or absence without leave.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all the worst forms of child labor. It provides a minimum age of employment in all sectors. The ILO expressed concern that the use of children for prostitution and the use of children in the trafficking and production of illegal drugs do not appear to be specifically prohibited. The law includes occupational safety and health restrictions for children and limitations on working hours. The government did not effectively enforce the law, and penalties only marginally deterred violations.

The minimum age for general employment is 15, with strict prohibition on employing children younger than 13. The law permits children between ages 13 and 15 to engage in “light work.” While the Ministry of Labour and Social Security does not have an official definition for “light work,” it maintained a list of occupations acceptable for children ages 13 to 15. The government does not have a list of types of hazardous work prohibited for children. Those who legally hire children are not required to keep any records.

The government estimated that more than 53,000 children ages five to 17 years old, an age range in line with ILO standards, were engaged in child labor. Government agencies did not inspect the informal sector, so the number was likely to be underreported. Children worked in farming, fishing, and in public markets. Children also worked as domestic servants in homes or for street work, such as peddling goods, services, begging, and garbage salvaging. Some children were subjected to forced labor in these sectors. There were sporadic reports of commercial sexual exploitation of children. There were also reports of children forced into domestic work. Violent gangs used children for forced begging, as lookouts, as armed gunmen, and as couriers of drugs and weapons.

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

d. Discrimination with Respect to Employment and Occupation

Laws and regulations do not prohibit discrimination on the grounds of sexual orientation or gender identity. There were limited numbers of cases filed for discrimination in employment or occupation during the year, but it was likely these cases were underreported due to strong stigma in the workplace against older women, persons with disabilities, members of the LGBTI community, and persons with HIV/AIDS. Those persons subject to workplace discrimination had little confidence that effective legal recourse was available to them. Although the law requires equal pay for male and female employees, salaries for women lagged behind salaries for men. Persons with disabilities often lacked access to the workplace.

e. Acceptable Conditions of Work

The minimum wage was above the nationally estimated poverty line. Most workers received more than the legal minimum wage, while some minimum-wage earners held two or more jobs.

The law provides for a standard 40-hour workweek and mandates at least one day of rest per week. Employers are required to compensate work in excess of 40 hours per week at overtime rates, a provision most employers respected. The law provides for paid annual holidays. The government did not universally apply the law that restricts workdays to 12 hours or less.

The Occupational Safety and Health Department enforced industrial health and safety standards under ILO guidelines, as appropriate for each industry. It conducted inspections, investigated accidents, warned violators, and gave them a period in which to correct violations. The department took violators to court if they did not correct violations within the given timeframes. The law stipulates penalties and fines, and the minister of labor and social security has the authority to increase any monetary penalty. The number of inspectors was insufficient to deter violations, and the inspections took place only in the formal sector.

The government did not effectively enforce the law. Insufficient staffing in the Ministry of Labour and Social Security, Ministry of Finance and Public Service, and Ministry of National Security contributed to difficulties in enforcing workplace regulations. Legal fines or imprisonment were insufficient to deter violations, and the Labour and Social Security Ministry gained compliance in the vast majority of cases by threatening legal action. The ability of defendants to appeal a case repeatedly in the court system dulled the effectiveness of penalties. The law has no provisions that explicitly give workers the ability to remove themselves from hazardous conditions without jeopardy to employment.

In 2017 the Inter-American Development Bank estimated the informal economy generated over 40 percent of GDP. Most violations pertaining to acceptable conditions of work occurred in the informal sector.

Panama

Executive Summary

Panama is a multiparty constitutional democracy. In May voters chose Laurentino Cortizo Cohen as president in national elections that international and domestic observers considered generally free and fair.

The country has no military forces. The Panama National Police (PNP) is principally responsible for internal law enforcement and public order, while additional security forces are responsible for border control and aero naval security. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: harsh prison conditions; restrictions on free expression, the press, and the internet, including through censorship and criminal libel lawsuits; and forced child labor.

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press. The government generally respected this right, but journalists and media outlets noted an increase in criminal and civil libel/slander lawsuits, which they considered a threat to freedom of expression and freedom of the press.

Press and Media, Including Online Media: In July under the Cortizo administration, security guards from the National Assembly expelled a known television personality from the National Assembly media balcony to prevent her from covering a migration bill. Two days later the National Assembly budget committee met behind closed doors to avoid press coverage, which was not standard practice. Both actions resulted in complaints from opposition deputies and civil society leaders.

Libel/Slander Laws: According to local media, former president Ricardo Martinelli submitted 50 libel/slander lawsuits against local media, 26 of which were issued after he was declared not guilty on August 9 of illegal wiretapping. Reports stated Martinelli’s civil lawsuits against daily newspapers El Siglo, La Prensa, and Mi Diario included media employees whose work was not related to judicial or political reporting (editorial cartoonists and graphic designers).

In May Corprensa (which owns La Prensa and Mi Diario) was found guilty in a libel/slander lawsuit filed by former first lady Marta de Martinelli. The corporation was sentenced to pay $25,000 balboas ($25,000) in damages and 6,000 balboas ($6,000) to cover legal expenses.

On September 2, Martinelli filed a civil lawsuit against TVN Information vice president and television host Sabrina Bacal, seeking one million balboas (one million dollars) in damages for calling him a thief during a public interview.

Following these legal actions, on September 3, media associations Journalism National Council and the Journalists Forum for Freedom of Expression and Information issued a joint statement requesting the Judicial Branch and Public Ministry keep “vigilant” regarding the “growing trend to abuse the justice system, using it as a censorship, intimidation, and persecution tool against journalists and media.”

Media organizations and media leaders claimed these lawsuits hindered reporting on specific cases and individuals and were likely intended to financially damage media corporations.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

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 Panamanian National Office for Refugees (ONPAR) had a backlog of more than 15,000 cases and usually approved only 1 percent of asylum requests. ONPAR processed asylum applications and then referred applications to the National Commission for Refugees, an interagency committee that decides the final status of every case. The process of obtaining refugee status currently takes two to three years, during which only asylum seekers admitted into the process had the right to work. The current asylum application process can take up to one year for applicants to even be admitted into the system, which was not a guarantee of asylum approval.

The government approved and implemented the protocol for identification, referral, and attention for minors requiring international protection; however, the institutional protocol for protecting minors who migrate was pending implementation approval.

The government continued to manage camps in the Darien region to provide food, shelter, and medical assistance to migrants. At least one camp in the Darien did not have regular access to potable water and at times presented unsanitary conditions, especially when dealing with high volumes of migrants. The government reported continued migrations of persons from Cuba, Haiti, South Asia, India, and Africa.

According to the UN High Commissioner for Refugees (UNHCR) and its NGO implementing partners, thousands of persons living in the country were possibly in need of international protection. These included persons in the refugee process, persons denied refugee status, and persons who did not apply for refugee status due to lack of knowledge or fear of deportation.

Employment: Refugees recognized by authorities have the right to work, but recognized refugees complained that they faced discriminatory hiring practices. In an effort to prevent this discriminatory practice, ONPAR removed the word “refugee” from recognized refugees’ identification cards. By law individuals in the process of applying for asylum do not have the right to work; however, beginning in May those who had been formally admitted into the asylum process could request a one-year work permit that could be renewed as many times as needed.

Access to Basic Services: Education authorities sometimes denied refugees access to education and refused to issue diplomas to others if they could not present school records from their country of origin. The Ministry of Education continued to enforce the government’s 2015 decree requiring schools to accept students in the asylum process at the grade level commensurate with the applicants’ prior studies. As a result of the long wait times to be entered into the asylum system, many applicants encountered difficulties accessing basic services such as health care, financial services, and appropriate housing.

Durable Solutions: The law allows persons legally recognized as refugees or with asylum status who have lived in the country for more than three years to seek permanent residency.

The government continued to work with Colombia to recognize approximately 200 stateless persons on the border. The governments of Panama and Costa Rica, with the cooperation of UNHCR, continued to use a mobile registry office on their common border to register indigenous Ngabe and Bugle seasonal workers who travelled between Costa Rica and Panama and whose births had not registered in either country.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot based on universal and equal suffrage. Naturalized citizens may not hold specified categories of elective office, such as the presidency.

Recent Elections: In May voters chose Laurentino Cortizo Cohen as president in national elections that independent observers considered generally free and fair. Elected at the same time were 71 national legislators, 81 mayors, 679 local representatives, and nine council members. A group of international observers from the Organization of American States, the EU, electoral NGOs, regional electoral authorities, and members of the diplomatic corps considered the elections fair and transparent.

Political Parties and Political Participation: The law requires new political parties to meet strict membership and organizational standards to gain official recognition and participate in national campaigns. Political parties must obtain the equivalent of 2 percent of the total votes cast to maintain legal standing.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. The government used anticorruption mechanisms such as asset forfeiture, whistleblower and witness protection, plea bargaining, and professional conflict-of-interest rules to address corrupt practices among government employees and security forces. Nevertheless, corruption remained a problem in the executive, judicial and legislative branches as well as in the security forces.

Corruption: The Public Ministry continued investigations into allegations of corruption against public officials but many have not resulted in convictions, and in one high-profile case, a court order denied requests for extensions of the legal timelines for more investigations. In a March hearing, an anticorruption prosecutor asked a criminal judge to convict six penitentiary system employees for corruption and six individuals are under fraud charges. Corruption and a lack of accountability among police continued to be a problem. The new administration that took office in July made personnel changes in all public forces agencies. Agents were dismissed on grounds of corruption and were under investigation by the Public Ministry. Mechanisms to investigate and punish abuse and corruption in the security forces remain centralized and opaque. The government rarely made cases of police abuse or corruption public, and the National Criminal Statistics Directorate was unable to provide strong data on police internal affairs.

As of September the Public Ministry continued the investigations of the Comptroller General’s Office’s 2018 audits of transactions between 2009 and 2014 by elected local representatives. The comptroller alleged a misuse of public funds through irregular contracts carried out by the Martinelli administration’s National Assistance Program. No charges were filed during the year.

The 2018 corruption cases filed by the Comptroller General’s Office before the Supreme Court against deputies from all political parties represented in the National Assembly were still under investigation by the court as of September.

The case continued against former minister of the presidency Demetrio “Jimmy” Papadimitriu and former minister of public works Jaime Ford, both in the Martinelli administration, detained in 2018 for alleged links to bribes paid by Brazilian multinational construction company Odebrecht. Both individuals faced money laundering and corruption charges. They were released on bail but could not leave the country without a court order. The cases remained under the inquisitorial system. Papadimitriu’s mother, Maria Bagatelas, a private citizen also involved in the Odebrecht case, was under house arrest, but in August the Supreme Court changed the measure and issued an order forbidding her from departing the country without a court’s approval.

Financial Disclosure: The law requires certain executive and judiciary officials to submit a financial disclosure statement to the Comptroller General’s Office. The information is not made public unless the official explicitly gives permission.

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

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

Government Human Rights Bodies: The ombudsman, elected by the National Assembly, has moral but not legal authority. The Ombudsman’s Office received government cooperation and operated without government or party interference; it referred cases to the proper investigating authorities.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, with prison terms of five to 10 years. Rapes continued to constitute the majority of sexual crimes investigated by the National Police Directorate of Judicial Investigation. Eighty percent of the victims were women and 63 percent of those were younger than 17.

The law against gender violence stipulates stiff penalties for harassment and both physical and emotional abuse. The law states that sentencing for femicide is a mandatory 25 to 30 years in prison. Officials and civil society organizations agreed that domestic violence continued to be a serious crime. The PNP Specialized Unit for Domestic and Gender Violence created in 2018 continued to have 190 agents trained to work these cases. In June, Roberto Moreno Grajales was convicted and sentenced to 30 years prison for the 2016 killing of his former girlfriend, Diosila Martinez. He had originally fled to Costa Rica after the killing but was extradited in 2018 to Panama.

The Ombudsman’s Office continued its program Mujer Conoce tus Derechos (Woman, Know Your Rights), which included a wide distribution of flyers. In May the National Institute for Women’s Affairs (INAMU) established 24/7 hotline 182 to give legal guidance to victims of domestic violence. If the caller was at risk during the call, the operator would make a connection with the police.

Sexual Harassment: The law prohibits sexual harassment in cases of employer-employee relations in the public and private sectors and in teacher-student relations. Violators face a maximum three-year prison sentence. The extent of the problem was difficult to determine, because convictions for sexual harassment were rare, pre-employment sexual harassment was not actionable, and there was a lack of formal reports. During the year the Ministry of Labor, UN Development Program, and NGO SUMARSE began to develop a protocol for private sector employers on how to investigate and deal with labor and sexual harassment within companies.

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

Discrimination: The law prohibits discrimination based on gender, and women enjoyed the same legal status and rights as men. The law recognizes joint property in marriages. The law mandates equal pay for men and women in equivalent jobs. Although an illegal hiring practice, some employers continued to request pregnancy tests. There were two cases reported in the countryside of temporary workers who terminated their pregnancies once the condition became obvious, presumably due to fear of being fired.

Birth Registration: The law provides citizenship for all persons born in the country, but parents of children born in remote areas sometimes had difficulty obtaining birth registration certificates.

Child Abuse: Child abuse is illegal. The law has several articles pertaining to child abuse and its penalties, which depend on the type of abuse and range from six months to 20 years’ imprisonment if the abuse falls under a crime that carries a higher penalty. Public Ministry statistics as of August reported that 2,090 children were victims of different types of abuse; the Public Ministry believed this figure was underreported. The Ministry of Social Development maintained a free hotline for children and adults to report child abuse and advertised it widely. The ministry provided funding to children’s shelters operated by NGOs and continued a program that used pamphlets in schools to sensitize teachers, children, and parents about mistreatment and sexual abuse of children.

Early and Forced Marriage: The minimum legal age for marriage is 18. The government prohibits early marriage even with parental permission.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation, sale, and offering for prostitution of children, in addition to child pornography. Officials from the Ministry for Public Security continued to prosecute cases of sexual abuse of children, including within indigenous communities. Ministry officials believed that commercial sexual exploitation of children occurred, including in tourist areas in Panama City and in beach communities, although they did not keep separate statistics. In September, seven Panamanians were detained for their connections to an international child pornography ring based in Brazil. For two and one-half months, Panama and Brazil worked together with authorities in El Salvador, Paraguay, Chile, Ecuador, and other foreign countries to capture and imprison the individuals responsible for this child pornography ring as part of Operation Luz de la Infancia.

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 Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Jewish community leaders estimated there were 15,000 Jews in the country. There were no known reports of anti-Semitic acts.

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

The law prohibits discrimination based on physical, sensory, intellectual, or mental disabilities; however, the constitution permits the denial of naturalization to persons with mental or physical disabilities. The law mandates access to new or remodeled public buildings for persons with disabilities and requires that schools integrate children with disabilities. Despite provisions of the law, persons with disabilities experienced discrimination in a number of these areas.

Most of Panama City’s bus fleet remained wheelchair inaccessible. Media reports in August noted again that Metro elevators were frequently locked and could not be used. A lack of ramps further limited access to the old stations, although the newly inaugurated Metro Line 2 had ramp access. Most businesses had wheelchair ramps and accessible parking spaces to avoid fines, but in many cases they did not meet the government’s size specifications.

In September the National Secretariat for People with Disabilities began a free shuttle service from the city’s largest bus terminal for individuals with disabilities that needed to visit their offices, which were located in a residential neighborhood with limited public transportation.

Some public schools admitted children with mental and physical disabilities, but most did not have adequate facilities for children with disabilities. Few private schools admitted children with disabilities, as they are not legally required to do so. The high cost of hiring professional tutors to accompany children to private schools–a requirement of all private schools–precluded many students with disabilities from attending.

The government-sponsored Guardian Angel program continued to provide a monthly subsidy of 80 balboas ($80) for children with significant physical disabilities living in poor conditions.

As of September, 1,440 individuals with disabilities were hired by local companies per Ministry of Labor statistics. This was an increase from the yearly average number of individuals with disabilities hired between 2014 and 2018. The law stipulates that employers who hire individuals with disabilities receive tax breaks at the end of the fiscal year.

Minority groups were generally integrated into mainstream society. Prejudice was directed, however, at recent legal immigrants, the Afro-Panamanian community, and indigenous Panamanians. Cultural and language differences and immigration status hindered the integration of immigrant and first-generation individuals from China, India, and the Middle East into mainstream society. Additionally, some members of these communities were reluctant to integrate.

The Afro-Panamanian community was underrepresented in positions of political and economic power. Areas where they lived lagged in terms of government services and social investment. The government’s National Secretariat for the Development of Afro-Panamanians focused on the socioeconomic advancement of this community. The secretariat was not supportive of the joint work between government entities and NGOs to ensure an accurate count of the Afro-Panamanian population in the upcoming 2020 census.

The law prohibits discrimination in access to public accommodations such as restaurants, stores, and other privately owned establishments; no complaints were filed. The Ombudsman’s Office intervened in several cases before students with Rastafarian braids were permitted entry into public school classrooms.

There were reports of racial discrimination against various ethnic groups in the workplace. Lighter-skinned persons continued to be overrepresented in management positions and jobs that required dealing with the public, such as bank tellers and receptionists. A July report by the UN Development Program and the National Institute on Women stated that Afro-Panamanian women were 10 times more susceptible to discrimination in the workplace than women from other races.

The law affords indigenous persons the same political and legal rights as other citizens, protects their ethnic identity and native languages, and requires the government to provide bilingual literacy programs in indigenous communities. Indigenous individuals have the legal right to take part in decisions affecting their lands, cultures, traditions, and the allocation and exploitation of natural resources. Nevertheless, they continued to be marginalized in mainstream society. Traditional community leaders governed comarcas (legally designated semiautonomous areas) for five of the country’s seven indigenous groups. The government also unofficially recognized eight other traditional indigenous government authorities. Government institutions recognized these eight regions were traditionally organized indigenous settlements and territories not included when the original comarcas were created.

Government officers continued to meet with traditional organized authorities from the indigenous community, and many requested recognition of their land via collective titles. No collective land titles were granted during the year, however, and land conflicts continued to arise. In March the bill for Naso Comarca was sent to the Supreme Court of Justice to decide if it is constitutional after a veto by the president in December.

The Ngabe and Bugle continued to oppose the Barro Blanco dam project, which became operational in 2017. There were no plans by the government to halt dam operations. The Ngabe-Bugle and the government continued to negotiate details of the dam’s operation.

Although the law is the ultimate authority in indigenous comarcas, many indigenous persons had not received sufficient information to understand their rights and, due to the inadequate system of education available in the comarcas, failed to use available legal channels.

In February the government established the Governing Committee for the National Indigenous Peoples Development Plan, with three representatives of the indigenous groups and government entities to ensure the implementation of the plan.

Societal and employment discrimination against indigenous persons was widespread. Employers frequently denied indigenous workers basic rights provided by law, such as a minimum wage, social security benefits, termination pay, and job security. Laborers on the country’s agricultural plantations (the majority of whom were indigenous persons) continued to work in overcrowded and unsanitary conditions. The Ministry of Labor conducted limited oversight of working conditions in remote areas.

Deficiencies in the educational system continued in the comarcas, especially beyond the primary grades. There were not enough teachers in these remote and inaccessible areas, with many schools poorly constructed and lacking running water. Teachers and students in remote areas of the comarcas continued to sporadically protest poor road and school conditions. Access to health care was a significant problem in the indigenous comarcas, despite government investment in more health infrastructure and staff. This was reflected in high rates of maternal and infant mortality, malnutrition, and an increase in HIV rates. The government continued to execute the Indigenous Development Plan jointly developed with indigenous leaders in 2013.

The law does not prohibit discrimination based on sexual orientation. There was societal discrimination based on sexual orientation and gender identity, which often led to denial of employment opportunities.

The PNP’s internal regulations describe consensual same-sex sexual conduct by its employees as against policy and potentially grounds for dismissal. Lesbian, gay, bisexual, transgender, intersex (LGBTI) human rights organizations reported harassment of LGBTI persons by security forces as a source of serious concern. On July 5, the new PNP director general stated in a national news interview that members of the LGBTI community can be members of the police force as long as they do not conduct actions that could damage the image of the institution. According to LGBTI NGOs, no changes had been made to internal police policies prohibiting LGBTI persons from serving in the force.

LGBTI NGOs reported hospital personnel refused to provide medical services to a transgender individual in a public hospital in Changuinola, province of Bocas del Toro, early in the year. In June, after attending the Pride Parade, a young man was raped by two men after they saw a rainbow flag in his backpack. The victim sought support from a local NGO and filed a criminal complaint with the Public Ministry. As of November there had been no progress in the case.

As of September the 2016 class-action lawsuit before the Supreme Court of Justice requesting Article 26 of the Family Code, which refers to marriage as “the union of a man and a woman” and thus forbids same-sex legal unions, be declared unconstitutional, was still unresolved.

The law prohibits discrimination against persons with HIV/AIDS in employment and education. Discrimination, however, continued to be common due to ignorance of the law and a lack of mechanisms for ensuring compliance. LGBTI individuals reported mistreatment by health-care workers, including unnecessary quarantines.

Human rights NGOs reported receiving complaints of labor discrimination when employers found out employees were HIV positive, despite the fact that the law prohibits discrimination against persons with sexually transmitted diseases, as well as their immediate relatives. Employees are not obligated to disclose their condition to the employer, but if they do so, the employer must keep the information confidential. LGBTI NGOs reported at least one employer who allegedly sought ways to dismiss an HIV-positive employee who had 15 years of service at the company. Health Ministry representatives made a public call to employers to follow the law and asked laid-off employees to reach out to them for legal advice. Employers can be fined for not keeping an employee’s medical condition confidential.

In September the NGO PROBIDSIDA published concerns about a shortage of antiretroviral medications for treating patients with HIV/AIDS. PROBIDSIDA claimed that bureaucracy and lack of interest from administrative offices at the Ministry of Health and the Social Security clinics led to late purchase orders and late payment of providers, implying systematic prejudice against HIV-positive individuals within the health-care system.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The legal framework of labor laws is based upon the Labor Code of 1971, which provides for private-sector workers to form and join independent unions, bargain collectively, and conduct strikes. By law the majority of public-sector employees can strike but may not organize unions. Instead, those public-sector employees may organize professional associations that would bargain collectively on behalf of its members, although the public entity is not legally obligated to bargain with the association. Under the previous Varela administration, the Ministry of Labor registered more than 10 public-sector unions within a few ministries, such as the Ministry of Public Works, Ministry of Economy and Finance, Maritime Authority, among others. As a result the government is not obligated to engage in negotiations with the professional associations within these entities. The National Federation of Public Servants (FENASEP), an umbrella federation of 25 public-sector worker associations, traditionally fought for the establishment of rights similar to those of private-sector unions. The law prohibits antiunion discrimination and requires reinstatement of workers terminated for union activity but does not provide adequate means of protecting from rights violations.

Unions and associations are required to register with the Ministry of Labor. If the ministry does not respond to a private-sector union registration application within 15 calendar days, the union automatically gains legal recognition, provided the request is submitted directly with supported documentation established by law. In the public sector, professional associations gain legal recognition automatically if the General Directorate for Administrative Public Sector Careers does not respond to registration applications within 30 days. From January to September, the General Directorate approved seven public and 10 private union formation applications.

The Ministry of Labor Board of Appeals and Conciliation has the authority to resolve certain labor disagreements, such as internal union disputes, enforcement of the minimum wage, and some dismissal issues. The law allows arbitration by mutual consent, at the request of the employee or the ministry, in the case of a collective dispute in a privately held public utility company. It allows either party to appeal if arbitration is mandated during a collective dispute in a public-service company. The Ministry of Labor Board of Appeals and Conciliation has sole competency for disputes related to domestic employees, some dismissal issues, and claims of less than $1,500. The Minister of Labor initiated biennial minimum wage negotiations in August and was to act as a moderator between union and private-sector stakeholders.

Government-regulated union membership policies place some restrictions on freedom of association. The constitution mandates that only citizens may serve on a union’s executive board. In addition, the law requires a minimum of 40 persons to form a private-sector union (either by a company across trades or by trade across companies) and allows only one union per business establishment. The International Labor Organization criticized the 40-person minimum as too large for workers wanting to form a union within a company. Many domestic labor unions, as well as the public and private sectors, reiterated their support for keeping the figure at 40 individuals.

In the public sector, professional associations represent the majority of workers. The law stipulates only one association may exist per public-sector institution and permits no more than one chapter per province. At least 50 public servants are required to form a professional association. No law protects the jobs of public-sector workers in the event of a strike. FENASEP contended there was no political will to allow all public servants within ministries to form unions, because this could eliminate positions for political appointees.

The law prohibits federations and confederations from calling strikes, as well as strikes against the government’s economic and social policy. Individual professional associations under FENASEP may negotiate on behalf of their members, but the Ministry of Labor can order compulsory arbitration. FENASEP leaders noted that collective bargaining claims were heard and recognized by employers but did not result in tangible results or changes, particularly in cases of dismissals without cause.

According to the labor code, the majority of private-sector employees must support a strike, and strikes are permitted only if they are related to the improvement of working conditions, a collective bargaining agreement, for repeated violations of legal rights, or in support of another strike of workers on the same project (solidarity strike). In the event of a strike, at least 20 to 30 percent of the workforce must continue to provide minimum services, particularly public services as defined by law, such as transportation, sanitation, mail delivery, hospital care, telecommunications, and public availability of essential food.

Strikes in essential transportation services are limited to those involving public passenger services. The law prohibits strikes for Panama Canal Authority (ACP) employees but allows professional associations to organize and bargain collectively on issues such as schedules and safety, and it provides arbitration to resolve disputes. (The ACP is an autonomous entity, with independence from the central government).

The Ministry of the Presidency Conciliation Board hears and resolves public-sector worker complaints. The board refers complaints it cannot resolve to an arbitration panel, which consists of representatives from the employer, the professional association, and a third member chosen by the first two. If the dispute cannot be resolved, it is referred to a tribunal under the board. Observers, however, noted that the Ministry of the Presidency had not designated the tribunal judges. The alternative to the board is the civil court system.

Cases presented in the courts tend to favor employers. FENASEP noted that one public-sector institution had appealed more than 100 complaints to the Supreme Court, only two of which resulted in rulings in favor of the public-sector employee. While Supreme Court decisions are final, labor organizations may appeal their case results in international human rights courts.

One labor strike and labor protest occurred during the year. Workers at the Balboa port conducted a July 17-28 strike against Panama Ports’ decision to appeal collective agreement negotiations in the Supreme Court. (Note: Panama Ports was previously owned by the state but was privatized, and a Hong Kong-based company won the concession. End note). According to reports, these appeals subsequently delayed salary increases and working condition improvements. The strike ended on July 29, after the Ministry of Labor mediated an agreement between port workers and employers that promoted worker safety regulations and business economic welfare.

The Allied Association of Transport Port Ex-Employees’ (ASOTRAP) hosted an August labor walk to the Panamanian Presidency to pressure both the Inter-American Commission of Human Rights and the Cortizo Administration to address claims that terminated Balboa and Cristobal port workers did not receive severance pay guaranteed by law when those ports were privatized. ASOTRAP asserted that because the termination occurred after August 15, former workers were entitled to the Panamanian 13th Month Bonus, a program in which workers receive one month’s wages annually (one-third paid April 15, one-third paid August 15, and the last third on December 15). ASOTRAP also contended that the Inter-American Commission of Human Rights had not made a ruling on the case. Although the commission sent ASOTRAP a letter acknowledging receipt of the case in 2015, ASOTRAP contended that the commission had not made a final case ruling.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced labor of adults or children, as well as modern-day slavery and human trafficking. The law establishes penalties sufficiently stringent to deter violations. The government effectively enforced the law. There continued to be reports of Central and South American and Chinese men exploited in forced labor in construction, agriculture, mining, restaurants, door-to-door peddling, and other sectors; traffickers reported using debt bondage, false promises, lack of knowledge of the refugee process and irregular status, restrictions on movement, and other means. There also were reports of forced child labor (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor. The law prohibits the employment of children younger than 14, although children who have not completed primary school may not begin work until 15. The family code permits children ages 12 to 14 to perform domestic and agricultural work with regard to schedule, salary, contract, and type. The law allows children ages 12 to 15 to perform light work in agriculture if the work is outside regular school hours. The law also allows a child older than 12 to perform light domestic work and stipulates employers must ensure the child attends school through primary school. The law neither defines the type of light work children may perform nor limits the total number of light domestic work hours these children may perform. The law prohibits children younger than 18 from engaging in hazardous work but allows children as young as 14 to perform hazardous tasks in a training facility, in violation of international standards.

Minors younger than 16 may work no more than six hours per day or 36 hours per week, while those ages 16 and 17 may work no more than seven hours per day or 42 hours per week. Children younger than 18 may not work between 6 p.m. and 8 a.m. The government effectively enforced the law, and penalties were sufficient to deter violations.

The National Commission for the Prevention of Sexual Exploitation of Children and Adolescents conducted 59 awareness meetings in vulnerable communities, with the participation of the Ministry of Education and the Ministry of Social Development. Its actions focused on regions sensitive to sexual exploitation of minors in tourism locations, including Panama City, Bocas del Toro, Cocle, and Chiriqui. Criminal enforcement agencies investigated 398 reports of commercial sexual exploitation of children during 2018, compared with 920 in the previous year. The country is a source, transit point, and destination for men and women exploited in forced labor. Children were exploited in forced labor, particularly domestic servitude, and sex trafficking. The law includes punishment of up to 12 years’ imprisonment for anyone who recruits children younger than 18 or uses them to participate actively in armed hostilities.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination regarding race, gender, religion, political opinion, citizenship, disability, social status, and HIV status. The law does not prohibit discrimination based on sexual orientation or gender identity. Although the country is a member of the International Equal Pay Coalition, which promotes pay equality between women and men, a gender wage gap continued to exist.

Despite legal protections, discrimination in employment and occupation occurred with respect to race, sex, gender, disability, sexual orientation or gender identity, and HIV-positive status. During the job interview process, applicants, both citizens and migrants, must complete medical examinations, including HIV/AIDS testing. The law requires all laboratories to inform applicants an HIV test will be administered, but private-sector laboratories often did not comply. It was common practice for private-sector human resources offices to terminate applications of HIV-positive citizens without informing the applicant. While private laboratories often informed law enforcement of HIV-positive migrants, the National Immigration Office did not engage in deportation procedures specifically based on a migrant’s HIV status. NGOs noted that during job interviews, women were often asked if they were married, pregnant, or planned to have children in the future. It was common practice for human resources offices to terminate the applications of women who indicated a possibility of pregnancy in the near future (see section 6).

e. Acceptable Conditions of Work

The law provides for a national minimum wage only for private sector workers. The wage was above the poverty line. Public servants received lower minimum wages than their private-sector counterparts. Most workers formally employed in urban areas earned the minimum wage or more. As of August 2018, approximately 43 percent of the working population worked in the informal sector, and some earned well below the minimum wage. The agricultural sector, as well as the maritime and aviation sectors, received the lowest and highest minimum wages, respectively. The Ministry of Labor was less likely to enforce labor laws in most rural areas (see section 6, Indigenous People).

The law establishes a standard workweek of 48 hours, provides for at least one 24-hour rest period weekly, limits the number of hours worked per week, provides for premium pay for overtime, and prohibits compulsory overtime. There is no annual limit on the total number of overtime hours allowed. If employees work more than three hours of overtime in one day or more than nine overtime hours in a week, excess overtime hours must be paid at an additional 75 percent above the normal wage. Workers have the right to 30 days’ paid vacation for every 11 months of continuous work, including those who do not work full time.

The Ministry of Labor is responsible for setting health and safety standards. Standards were generally current and appropriate for some of the industries in the country. The law requires employers to provide a safe workplace environment, including the provision of protective clothing and equipment for workers.

The Ministry of Labor generally enforced these standards in the formal sector. The inspection office consists of two groups: The Panama City-based headquarters group and the regional group. The number of inspectors and safety officers was insufficient to enforce labor laws adequately. As of July the Ministry of Labor had conducted 9,397 safety inspections nationwide. Fines were low and generally insufficient to deter violations. During the year, however, the government levied fines according to the number of workers affected, resulting in larger overall fines.

Reports of violations relating to hours of work were frequent, especially in the maritime sector, where unions reported shifts of 14 to 24 hours. There were allegations indicating that neither the Panamanian Maritime Authority nor the Ministry of Labor conducted inspections of working conditions in the maritime sector. The ACP unions and workers experienced difficulties accessing the justice system to adjudicate complaints due to delays and other deficiencies of the Labor Relations Board, which is the court of first instance on labor matters for the autonomous ACP. Reports also indicated violations relating to hours of work for coffee harvest workers, who often lacked formal contracts and were vulnerable to coercion from employers.

Employers often hired employees under short-term contracts to avoid paying benefits that accrue to long-term employees. Employers in the maritime sector also commonly hired workers continuously on short-term contracts but did not convert them to permanent employees as required by law. The law states that employers have the right to dismiss any employee without justifiable cause before the two-year tenure term. As a result, employers frequently hired workers for one year and 11 months and subsequently dismissed them to circumvent laws that make firing employees more difficult after two years of employment. This practice is illegal if the same employee is rehired as a temporary worker after being dismissed, although employees rarely reported the practice.

Inspectors from the Ministry of Labor and the occupational health section of the Social Security Administration reported conducting periodic inspections of hazardous employment sites. The law requires the resident engineer and a ministry safety officer to remain on construction sites, establish fines for noncompliance, and identify a tripartite group composed of the Chamber of Construction, the construction union SUNTRACS, and the ministry to regulate adherence.

Some construction workers and their employers were occasionally lax about basic safety measures, frequently due to their perception that it reduced productivity. Equipment was often outdated, broken, or lacking safety devices, due in large part to a fear that the replacement cost would be prohibitive. In August a construction worker died in the city of David after falling 39 feet off a beam while working on a shopping center construction project. After his death, the Union of Construction Workers announced a temporary work stoppage on the project.

Paraguay

Executive Summary

Paraguay is a multiparty, constitutional republic. In April 2018 Mario Abdo Benitez of the Colorado Party, also known as the National Republican Association (ANR), won the presidency in elections recognized as free and fair. Legislative elections took place at the same time.

The National Police, under the authority of the Ministry of Internal Affairs, are responsible for preserving public order, protecting the rights and safety of persons and entities and their property, preventing and investigating crimes, and implementing orders given by the judiciary and public officials. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included reports of torture by government officials; harsh and at times life-threatening prison conditions; arbitrary arrest and detention; substantial problems with the independence of the judiciary; violent intimidation of journalists by organized-crime groups; widespread corruption in all branches and levels of government; widespread and sometimes lethal violence against women and, to a lesser extent, indigenous persons, despite government efforts to curtail such acts; discrimination against lesbian, gay, bisexual, transgender, and intersex persons; and child labor, particularly in domestic service and informal agricultural sectors.

The government took steps to prosecute and punish low- and mid-rank officials who committed abuses, but general impunity for officials in the police and security forces continued to be widely alleged.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law and constitution provide for freedom of expression, including for the press, and the government generally respected these rights. An independent press and a functioning democratic political system combined to promote freedom of speech and press for the most part, although widespread corruption in the judiciary hindered protections in court.

Violence and Harassment: Journalists occasionally suffered harassment, intimidation, and violence, primarily from drug trafficking gangs and criminal groups, but also from politicians and police. Media and international NGOs reported several such incidents against journalists. In July, following a meeting at the Asuncion City Council, a taxi-union leader called journalists “callous” and said they should be “executed using cannon balls.” Later in July, during taxi-driver-led protests against Uber, a member of the union pushed and groped a female journalist. Prosecutors opened an investigation against the alleged aggressor.

Brazilian drug trafficker Felipe “Baron” Escurra Rodriguez, who had reportedly planned to kill well known journalist Candido Figueredo Ruiz for reporting on Escurra’s illicit activities along the border with Brazil, remained at large despite police efforts to recapture him.

In December 2018 an appeals chamber in the department of Canindeyu upheld the sentence of Vilmar “Neneco” Acosta Marques, a former mayor of Ypejhu, who was sentenced to 29 years in prison for instigating his brother Wilson Acosta Marques and nephew Flavio Acosta Riveros to kill ABC Color journalist Pablo Medina and his assistant, Antonia Chaparro. Flavio Acosta Riveros, the alleged killer, remained in a Brazilian prison, where he was on trial for Medina’s murder. Brazilian law prohibits his extradition to Paraguay.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

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

Durable Solutions: Authorities permitted persons whose asylum or refugee status cases were refused to seek other migration options, including obtaining legal permanent residency in the country or returning to the most recent point of embarkation. The government did not assist in the safe, voluntary return of refugees to their homes but rather relied on assistance from the Office of the UN High Commissioner for Refugees to facilitate such returns.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: In April 2018 the country held general elections to elect a president, vice president, department governors, members of both houses of congress, and Mercosur Parliament members. ANR’s Mario Abdo Benitez won the presidential election. The ANR also won a plurality in the Senate and a majority in the lower house of congress. Election observation missions from the Organization of American States and the EU characterized the elections as free and fair.

Political Parties and Political Participation: The ANR and the Liberal Party maintained long-standing control of the political process. The parties politicized the Supreme Court, lower courts, and the selection and disciplining of judges and prosecutors, including the nomination and selection process for the attorney general. The Council of Magistrates helps choose the attorney general, judges, prosecutors, and public defenders throughout the judicial system. During the year the Council of Magistrates selected two Supreme Court justices through a transparent process that civil society considered relatively unpoliticized.

New, small, and nontraditional political parties faced hurdles in securing sizable congressional representation due to seat allocation formulas in the electoral code that favor larger parties. Independent candidates faced obstacles in setting up and running campaigns, since by law they must form a movement or political party and present a minimum number of candidates in a slate in order to compete.

In May, President Abdo Benitez signed into law an amendment to the electoral code enabling voters to vote for specific candidates on a party list, rather than voting for a list as a whole. The law also gives the electoral commission the authority to decide whether to introduce electronic voting starting in the 2020 municipal elections.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The electoral code requires that at least 20 percent of each party’s candidates in internal party primaries be women. Although the parties met this requirement, they placed the majority of female candidates toward the end of the closed party lists, effectively limiting their chances of being elected. Women served in both the legislature and the Supreme Court; however, there were only 19 women in congress (eight of 45 senators and 11 of 80 national deputies). There were no female governors.

Although there were no legal impediments to participation by minorities or indigenous persons in government, no clearly identifiable individuals from those groups served as a governor or in the cabinet, legislature, or Supreme Court.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. Officials engaged frequently in corrupt practices with impunity. Corruption in all branches and at all levels of government remained widespread, with investigative journalists and NGOs reporting on hundreds of cases of embezzlement, tax evasion, illicit enrichment, breach of public confidence, falsifying documents, and criminal association. Criminal cases typically spent several years in the courts. Under a law that prohibits court cases from lasting longer than four years, politicians and influential individuals convicted in lower courts routinely avoided punishment by filing appeals and motions until reaching the statute of limitation or by successfully requesting the removal or suspension of judges and prosecutors working on their cases. Although indictments and convictions for corruption of low- and mid-level public officials occurred more frequently, high-ranking public officials enjoyed a high degree of impunity. In addition, politicization and corruption were pervasive throughout the judicial branch, particularly in the lower courts and regional offices, hampering the institution’s effectiveness and undermining public trust.

Corruption: Impunity was endemic for former and current high-level government officials accused of crimes. NGOs and the press continued to report on several former government ministers, mayors, governors, and current elected officials who had avoided prosecution in the justice system despite being accused of, and indicted for, corruption and other crimes. In May a judge sentenced former legislator Victor Bogado to one year in prison for using Senate staff salary funds to pay for his household nanny. Bogado avoided serving time in prison due to alternative measures legislation that allow convicts sentenced to less than two years of imprisonment to receive immediate release in cases of good behavior. As of November 1, there were 17 unresolved cases involving six former ministers and mayors, 10 former and current members of congress, and one former Supreme Court justice.

Financial Disclosure: The constitution requires all public employees, including elected officials and employees of independent government entities, to disclose their income and assets within 15 days of taking office or receiving an appointment and again within 15 days of finishing their term or assignment. Public employees must also disclose assets and income of spouses and dependent children. There is no requirement to make similar disclosures during a person’s appointment, and it was common for public officials to serve for years without updating their disclosure statement.

In July congress passed a law mandating that starting in 2020, financial disclosures can be made public only with a court order.

The law bars public employees from holding government positions for up to 10 years for failure to comply with financial disclosure laws, but this was generally not enforced. Legislators generally ignored the law with impunity, using political immunity to avoid investigation or prosecution. The Comptroller’s Office did not investigate cases with incriminating financial information.

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

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally cooperated with domestic NGOs and international organizations and met with domestic NGO monitors and representatives, but they often did not take action in response to their reports or recommendations. There were a number of reports that anticorruption protesters were attacked while demonstrating, although police rarely identified assailants.

Government Human Rights Bodies: Human Rights Ombudsman Miguel Godoy Servin remained active in his office after 10 years of ombudsman inactivity prior to his term, including launching outreach campaigns and investigations into misuse of public money and abuse of authority by public officials. In April a court acquitted Manuel Paez Monges of charges for misusing funds set aside as reparation funds for victims of the 1954-89 Stroessner dictatorship and their families. The ombudsman had filed a formal complaint that led to the indictment of Paez Monges.

Several human rights NGOs complained there was no single, reliable point of contact within the government to discuss human rights issues. They stated they were not approached for consultations on human rights policies, planning, and legislation. Although several government ministries had human rights offices to monitor compliance with human rights legislation, there was no coordinator to serve as the point of contact with civil society.

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

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and provides penalties of up to 10 years in prison for rape or sexual assault. If the victim is a minor, the sentence ranges from a minimum of three years to 15 years in prison. According to the Attorney General’s Office, rape continued to be a significant and pervasive problem, with many rapes going unreported. The government generally prosecuted rape allegations and sometimes obtained convictions.

Although the law criminalizes domestic violence, including psychological abuse, and stipulates a penalty of two years in prison or a fine if convicted, it requires the abuse to be habitual and the aggressor and victim to be “cohabitating or lodging together.” Judges typically issued fines, but in some cases they sentenced offenders to jail to provide for the safety of the victim. In some instances the courts mediated domestic violence cases. According to NGOs and the Ministry of Women’s Affairs, domestic violence was widespread, and thousands of women received treatment for injuries sustained in domestic altercations. In many instances victims asked prosecutors to drop cases against their attackers due to fear of reprisals, allowing their attackers’ crimes to go unpunished. In September a man was recorded on video attacking his former girlfriend near the city of Coronel Oviedo. The attacker punched and kicked the victim and also cut her hair with a pocketknife; however, prosecutors dropped the case at the victim’s request.

The ministry promoted a national 24-hour telephone hotline for victims. The ministry also operated a shelter and coordinated victim assistance efforts, public outreach campaigns, and training. The Ministry of Women’s Affairs’ “Woman City” in Asuncion, an integrated service center for women, provided services focusing on prevention of domestic violence, reproductive health, economic empowerment, and education. As of October 1, the National Police had 17 specialized units to assist victims of domestic violence and more than 100 officers assigned to these stations.

Femicide remained a serious problem. A 2016 law criminalizes femicide and mandates a sentence of between 10 and 30 years in prison upon conviction. As of October 1, the Observatory of Women’s Affairs within the Ministry of Women’s Affairs reported 25 cases of femicide, a significantly lower number than the previous year’s total of 59 cases. July was the first month since the enactment of the law against femicide with no reported cases of femicide.

Sexual Harassment: The law prohibits sexual harassment and stipulates a penalty of two years in prison or a fine, although sexual harassment remained a widespread problem for many women, especially in workplace environments. Prosecutors found sexual harassment and abuse claims difficult to prove due to victims’ fear of workplace retaliation and societal pressures against victims. Many dropped their complaints or were unwilling to continue cooperating with prosecutors.

In August, Maria Belen Whittingslow, a law student who in 2014 accused Cristian Kriskovich, her former professor and current member of the Justice Tribunal, of sexual harassment. She subsequently fled to Uruguay seeking refugee status after prosecutors requested Whittingslow’s arrest for her involvement in a grade-fixing case involving 40 students. She alleged prosecutors requested her arrest under pressure from Kriskovich. Following Whittingslow’s move to Uruguay, a group of female senators demanded Kriskovich quit his Justice Tribunal post to prevent undue influence over judges. As of November 20, Kriskovich remained in his position.

A 2018 protocol addresses sexual misconduct involving government workers. It streamlines the filing of complaints for misconduct and harassment. To facilitate the enforcement of the protocol, the Civil Service Secretariat trained public servants and adopted guidance to include gender perspective in all public agencies’ internal resolutions.

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

Discrimination: The constitution prohibits discrimination based on sex, but the government did not effectively enforce this provision. There is no comprehensive law against discrimination and thus no legal basis for enforcement of the constitutional clause against discrimination.

Women generally enjoyed the same legal status and rights as men. Nonetheless, gender-related discrimination was widespread. Women experienced more difficulty than men in securing employment.

Birth Registration: Nationality derives from birth within the country’s territory, from birth to government employees in service abroad, or from birth to a citizen residing temporarily outside the country. Hospitals immediately register births, but registration was difficult for many parents of children born in rural areas and in indigenous communities with limited access to health-care facilities. Birth certificates and national identity documents are a prerequisite to access government services, including obtaining a passport.

Child Abuse: The NGO Coalition for the Rights of Children and Adolescents and the Ministry of Children and Youth stated that violence against children was widespread and equally prevalent among rural and urban families.

In September a court convicted a man for sexually abusing his seven-year-old stepdaughter but released him, on the basis of time served for the eight months during the trial. The judges instructed the man to “rethink” his actions and called him “a good guy.” In response the lower house of congress issued a statement condemning the ruling, and the judicial disciplinary board started preliminary investigations into the judges’ decision.

The government did not have a shelter exclusively for child victims of sexual abuse; victims were usually assigned to an extended family member or referred to other general-purpose youth shelters. Several such shelters existed, including one comanaged by the government and a Roman Catholic organization. In many cities the municipal council for children’s rights assisted abused and neglected children.

Early and Forced Marriage: The legal minimum age for marriage is 18, but the law permits marriage for those ages 16 to 18 with parental consent, and for those younger than age 16 only with judicial authorization under exceptional circumstances. There were no reports of forced marriage.

Sexual Exploitation of Children: According to the Ministry of Children and Youth, child trafficking for the purpose of commercial sexual exploitation or forced domestic servitude remained problematic. The law provides penalties of up to eight years of imprisonment for persons responsible for pimping or brokering victims younger than 17 years of age.

The minimum age of consent is 14 when married and 16 when not married. The law sets the penalty for sexual abuse in cases involving violence or intercourse to at least 15 years in prison if the victim is younger than 18, and to 20 years in prison if the victim is younger than 10. The penal code also provides for fines or up to three years in prison for the production, distribution, and possession of pornography involving children or adolescents younger than 18. Authorities can increase this penalty to 10 years in prison depending on the age of the child and the child’s relationship to the abuser. The law prohibits the publication of names, images, or audios of underage sexual abuse victims or witnesses and stipulates fines and one year in prison for offenders.

In the first 10 months of the year, the Prosecutor’s Office received thousands of reports of sexual abuse against children. In September a prosecutor with the Attorney General’s Office indicted 13 navy officers who had sexually abused a 13-year-old girl at a navy garrison in 2018.

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

The Jewish community has fewer than 1,000 members. There were no reports of anti-Semitic acts.

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

The law nominally prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law mandates accessibility in all public offices, but it does not specifically provide for access to information or communications, and most of the country’s buildings remained inaccessible.

Many persons with disabilities faced significant discrimination in employment; others were unable to seek employment because of a lack of accessible public transportation. The law mandates the allocation of 5 percent of all available public-employee positions to persons with disabilities; in practice less than 1 percent were so employed. The Ministry of Education and Sciences estimated more than 50 percent of children with disabilities did not attend school due to lack of access to public transportation capacity. The majority of children with disabilities who attended school were enrolled in public institutions. Some segregated schools serving special needs such as deafness operated.

Anecdotally, ethnic minorities faced discrimination in finding employment, accessing credit, receiving equal pay, owning or managing businesses, accessing education, and accessing housing. There were no members of ethnic minorities represented in congress, the cabinet, or the Supreme Court.

The law provides indigenous persons the right to participate in the economic, social, political, and cultural life of the country, but the law was not effectively enforced. Discrimination, coupled with a lack of access to employment, education, health care, shelter, and sufficient land, hindered the ability of indigenous persons to progress economically while maintaining their cultural identity.

Indigenous workers engaged as laborers on ranches typically earned low wages, worked long hours, received pay infrequently, and lacked medical or retirement benefits. This situation was particularly severe in the Chaco region.

The National Institute for Indigenous Affairs (INDI), Attorney General’s Office; Ministry of Justice; Ministry of Labor, Employment, and Social Security (Labor Ministry); Social Action Secretariat; and Ombudsman’s Office are responsible for protecting and promoting indigenous rights. The law mandates that INDI negotiate, purchase, and register land on behalf of indigenous communities who claim lack of access to their ancestral lands. In some instances INDI claimed it lacked sufficient funding to purchase land on behalf of indigenous persons or required them to register land in the Asuncion office rather than locally.

The law authorizes indigenous persons to determine how to use communal land. There were insufficient police and judicial protections from encroachments on indigenous lands. This often resulted in conflict between indigenous communities and large landowners in rural areas, which at times led to violence.

CODEHUPY and other NGOs documented widespread trafficking in persons, rape, sexual harassment, and physical abuse of women in indigenous communities. Perpetrators were often male members of the community, workers, and employers from neighboring ranches and farms. NGOs also alleged agribusiness operations in the Chaco exploited and violated the rights of indigenous workers.

No laws explicitly prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and discrimination occurred frequently. Several NGOs, including SomosGay, the Center for Studies and Documentation, and Aireana, reported police harassment and discrimination against LGBTI persons.

According to press and NGO reporting, during the year police officers beat, robbed, and implicated transgender individuals as suspects in serious crimes, including drug trafficking and armed robbery.

In June a prosecutor appealed a judge’s 2018 sentence allowing a transgender person to change her birth name on the grounds of a 1987 law banning the use of “ridiculous names” or those that can “create confusion about gender.” As of October the case was pending Constitutional Court review.

In October a court convicted Blas Enrique Amarilla for the 2017 murder of a transgender person and sentenced him to 25 years in prison, marking the first conviction in the country for a crime targeting a transgender victim.

The law prohibits discrimination based on HIV-positive status and protects the privacy of medical information. The law also specifically prohibits employers from discriminating against or harassing employees based on their HIV-positive status. Labor Ministry regulations forbid employers from requiring HIV testing prior to employment, but many companies reportedly still did so.

NGOs, CODEHUPY, and the HIV/AIDS and Human Rights Counseling and Reporting Center noted that persons with HIV/AIDS who sought access to health care, education, and employment opportunities faced discrimination based on their sexual orientation, demand for HIV testing, or gender identity.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law, including related regulations and statutory instruments, provides for the right of workers to form and join independent unions (with the exception of the armed forces and police), bargain collectively, and conduct legal strikes. The law prohibits binding arbitration or retribution against union organizers and strikers. There are several restrictions on these rights. The law requires that industrial unions have a minimum of 20 members to register. All unions must register with the Labor Ministry, a process that often takes more than a year. The ministry, however, typically issued provisional registrations within weeks of application to allow labor unions to operate. Unions with provisional registrations had the same rights and obligations as other unions. Workers cannot be members of more than one union, even if they have more than one part-time employment contract. Strikes are limited to purposes directly linked to workers’ occupations. Candidates for trade union office must work for a company and be active members of the union.

The Labor Ministry is responsible for enforcing labor rights, registering unions, mediating disputes, and overseeing social security and retirement programs. Penalties, fines, and remedies associated with discrimination against unions were generally ineffective. Investigations of antiunion discrimination to protect labor rights were rare, lacked sufficient resources, and reportedly occurred only if requested by an aggrieved party. The ministry does not have jurisdiction to initiate or participate in antiunion litigation. Employers who fail to recognize or to bargain collectively with a registered union face fines of 50 days’ wages. Employers who blacklist employees face fines of 30 days’ wages. These penalties were insufficient to deter violations. The government often did not prevent retaliation by employers who took action against strikers and union leaders. Administrative and judicial procedures were subject to lengthy delays, mishandling of cases, and corruption.

The government did not always respect unions’ freedom of association and the right to collectively bargain. Employers and professional associations heavily influenced some private-sector unions. The leadership of several unions representing public-sector employees had ties to political parties and the government. The government requested technical assistance from the International Labor Organization to revise labor legislation to bring it into line with the Freedom of Association and Protection of the Right to Organize Convention.

While union workers from the steel and maritime industries were unionized and often received relevant legal protections, most workers, including farmers, ranchers, and informal-sector employees, did not participate in labor unions. Many of these workers were members of farmworker movements.

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. The Labor Ministry was unable to conduct inspections effectively, especially in remote areas where forced labor was reportedly more prevalent. The Special Directorate to Fight the Trafficking of Persons and Commercial Sexual Exploitation of Children, however, increased child and forced labor investigations in the Chaco region, where the worst forms of child labor, human trafficking, and debt bondage were most prevalent. Penalties for violations include up to 20 years in prison, but enforcement was minimal, and penalties were insufficient to deter violations.

During the year the Labor Ministry’s regional office in the Chaco received complaints for unjustified firings, nonpayment of wages, and other labor violations. The ministry did not confirm instances of debt bondage in the Chaco but would not dismiss the possibility that it continued to exist. In that region there were reports children worked alongside their parents in debt bondage on cattle ranches, on dairy farms, and in charcoal factories. The government continued antitrafficking law enforcement and training efforts for teenagers entering the workforce but provided limited protective services to female and child trafficking victims. The ministry continued anti-child-labor information campaigns, in addition to campaigns promoting labor rights specific to the Chaco region.

Child labor and trafficking, particularly in domestic service, was a significant problem (see section 7.c.). Reports of criadazgo continued throughout the year. (Criadazgo is the practice where middle- and upper-income families informally “employ” child domestic workers, often from impoverished families, and provide them with shelter, food, some education, and a small stipend.) Approximately 47,000 children were engaged in the criadazgo practice. Although not all children in situations of criadazgo were victims of trafficking, it made them more vulnerable. The government did not oversee implementation of the practice nor specifically safeguard the rights of children employed through the criadazgo system. While the practice is not legally prohibited specifically, the National Child and Adolescent Secretariat continued to denounce it as illegal under child labor laws.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor, with the exception of slavery-like practices that do not include trafficking involving physical movement of the victim. The minimum age for full-time employment is 18. Children 14 to 17 years old may work with written parental authorization, if they attend school and do not work more than four hours a day (14-15 years old) or six hours (16-17 years old), and do not work more than a maximum of 24 hours per week.

The government did not effectively enforce laws protecting children from exploitation in the workplace. The law stipulates those who employ adolescents between ages 14 and 17 under hazardous conditions must pay the maximum administrative penalty, serve up to five years in prison, or both, but penalties were insufficient to deter violations due to lax enforcement.

The Labor Ministry is responsible for administratively enforcing child labor laws, and the Attorney General’s Office prosecutes violators. The Ombudsman’s Office and the Child Rights Committee receive complaints and refer them to the Attorney General’s Office. In the first nine months of the year, the ministry received 17 complaints regarding child and adolescent workers, which was the same as in 2018. Most worked as metalworkers, cashiers, salesclerks, helpers, and in other service jobs.

Despite the government’s significant advancement in efforts to eliminate the worst forms of child labor, it continued to occur in retail; sugar, brick, and limestone production; domestic service, and small-scale agricultural sectors. Children, primarily boys, also worked in the manufacturing and agricultural sectors and in the restaurant and other service industries. The Ministry of Children and Youth agreed to take administrative and financial control of a program providing safe and educational spaces for children at risk of child labor, incorporating it into the existing Programa Abrazo. In exchange for work, employers promised child domestic servants room, board, and financial support for school. Some of these children were victims of human trafficking for the purposes of forced child labor, did not receive pay or the promised benefits in exchange for work, suffered from sexual exploitation, and often lacked access to education.

The worst forms of child labor occurred where malnourished, abused, or neglected children worked in unhealthy and hazardous conditions selling goods or services on the street, working in factories, or harvesting crops. Children were used, procured, and offered to third parties for illicit activities, including commercial sexual exploitation (see also section 6, Children), sometimes with the knowledge of parents and guardians, who received remuneration. Some minors were involved in forced criminality, acting as drug smugglers for criminal syndicates along the border with Brazil. Children reportedly worked in debt bondage alongside their parents in the Chaco region. Children also shined shoes on the street and in government buildings, including the Supreme Court building (see section 7.b.).

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

d. Discrimination with Respect to Employment and Occupation

The law specifically prohibits discrimination based on race, color, sex, age, religion, political opinion, disability, HIV-positive status, or social origin. The government did not effectively enforce the law, and penalties were insufficient to deter violations. The fines for discrimination range from 10 to 30 daily wages per affected worker.

The press and civil society reported on employment discrimination based on sex, race, disability, age, language, weight, sexual orientation, HIV-positive status, and pregnancy. In one case an openly lesbian worker at a private school in Asuncion was victim of labor harassment and discrimination. The worker received multiple unfounded complaints from her supervisor, who told her that she was not performing up to standards. The supervisor assigned extra tasks to the worker and discouraged other employees from interacting with her because of her sexual orientation.

Many workers within the LGBTI community preferred not to file complaints with the Labor Ministry due to the ministry’s ineffective enforcement of the law and due to fear of being dismissed.

e. Acceptable Conditions of Work

In July, President Abdo Benitez signed a law equalizing the mandatory minimum wage applied to domestic employees to the national minimum wage; the domestic employees’ rate was previously set at 60 percent of the national minimum wage. The minimum wage was above the official estimate for the poverty income level.

The law stipulates that domestic employees work a maximum of eight hours per day. The law provides for a standard legal workweek of 48 hours (42 hours for night work) with one and one-half days of rest. There are no prohibitions of, or exceptions for, excessive compulsory overtime.

The government sets appropriate occupational health and safety standards stipulating conditions of safety, hygiene, and comfort. Although these standards were current and appropriate for light-manufacturing and construction industries, enforcement was inadequate.

The Labor Ministry did not effectively enforce provisions for overtime pay, the minimum wage, or limitations on hours of work in the formal or the informal sector. It launched public awareness campaigns, however, aimed at employers and workers to raise awareness of labor laws and worker rights. The number of labor inspectors was insufficient to enforce compliance with all labor laws, and penalties were insufficient to deter violations.

During the first nine months of the year, the Labor Ministry’s Department of Mediation of Private Conflicts received more than 5,000 labor complaints and mediation requests, a number similar to the previous year. Men filed the majority of these complaints, which involved illegal dismissals or the failure of employers to pay the legally mandated end-of-year bonuses. Many formal and informal employers violated provisions requiring overtime pay, particularly in the food and agricultural sectors and for domestic services. Most workplace accidents or fatalities occurred in the construction and light-manufacturing industries.

Employers are obligated to register workers with the Labor Ministry. As of October 1, approximately 4,320 employers had registered 14,400 workers with the ministry, which doubled the corresponding numbers for 2018.

According to the Labor Ministry and NGOs, many domestic workers suffered discrimination, routinely worked 12-hour workdays (when eight is the maximum), were not paid for overtime work (as required by law), were allowed to rest less than the 36 hours mandated by law, were not entitled to publicly provided retirement benefits, and did not routinely attain job stability after 10 years, unlike other workers covered by the labor code. Domestic workers were eligible for government-sponsored medical care and retirement programs through small payroll and employer contributions.

Peru

Executive Summary

Peru is a constitutional, multiparty republic. President Martin Vizcarra assumed the presidency in March 2018 following the resignation of then president Pedro Pablo Kuczynski when Vizcarra was vice president. Kuczynski won the 2016 national elections in a vote widely considered free and fair. Invoking articles of the constitution, President Vizcarra dissolved Congress on September 30. Legislative elections are scheduled for January 2020.

The national police, who report to the Ministry of Interior, maintain internal security. The military, reporting to the Ministry of Defense, is responsible for external security but also has some domestic security responsibilities in exceptional circumstances and in designated emergency areas. Civilian authorities generally maintained effective control over the security forces.

Significant human rights issues included isolated cases of torture; government corruption at all levels, including in the judiciary; sexual exploitation, including human trafficking; violence against women and girls; and forced labor.

The government took steps to investigate and in some cases prosecute or otherwise punish public officials, including high-level officials, accused of abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system generally promoted freedom of expression, including for the press. According to the Interamerican Press Society, an increase in the number of civil libel and slander lawsuits and lengthy court cases threatened freedom of expression and freedom of the press.

Violence and Harassment: Journalists alleged that police, protesters, and company personnel assaulted and threatened them while covering various protests and incidents of social unrest. In one such incident in September, police officers attacked a journalist covering protests in Puno. The Ombudsman’s Office recommended the PNP investigate the alleged assault.

Censorship or Content Restrictions: NGOs continued to report that some media, most notably in the provinces outside of Lima, practiced self-censorship due to fear of local government reprisal.

Nongovernmental Impact: Some media reported narcotics traffickers and persons engaged in illegal mining threatened press freedom by intimidating local journalists who reported on those activities.

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

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

b. Freedoms of Peaceful Assembly and Association

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

The law does not require a permit for public demonstrations, but organizers must report the type of demonstration planned and coordinate its intended location with authorities. The government continued to suspend freedom of assembly in the VRAEM and La Pampa emergency zones, where armed elements of the Shining Path and drug traffickers operated, as well as in regions suffering from crime and public health crises.

The government may restrict or prohibit demonstrations at specific times and places to ensure public safety and health. Police used tear gas and force occasionally to disperse protesters in various demonstrations, including at a major public university. Although most demonstrations were peaceful, protests in some areas turned violent, resulting in one death and multiple injuries in May (see section 6, Other Societal Violence or Discrimination).

c. Freedom of Religion

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

d. Freedom of Movement

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

In-country Movement: Due to the presence of the Shining Path, drug trafficking, and transnational organized crime, the government maintained an emergency zone in the VRAEM and parts of four regions where authorities restricted freedom of movement in an effort to maintain public peace and restore internal order.

Narcotics traffickers and Shining Path members at times interrupted the free movement of persons by establishing roadblocks in sections of the VRAEM emergency zone. Individuals protesting against extractive industry projects also occasionally established roadblocks throughout the country.

The Ministry of Women and Vulnerable Populations’ National Registry for Displaced Persons estimated there were 59,846 displaced persons in the country, many of whom are victims of the 1980-2000 internal conflict. The registration and accreditation of displaced persons provides for their protection, care, and humanitarian assistance during displacement, return, or resettlement. According to the government’s Reparations Council, some internally displaced persons who were victims of the 1980-2000 internal conflict experienced difficulties registering for reparations due to the lack of proper identity documents.

f. Protection of Refugees

As of July more than one million foreign-born persons lived in the country. In December 2018 the government discontinued the application for one-year temporary residence permits (PTPs) targeted at Venezuelans, who numbered more than 860,000. PTP holders can legally reside and work in the country. During the 23 months when PTPs were issued (February 2017 to December 2018), the government granted 486,000 permits. Before a PTP expires, the holder must adjust to a more permanent migratory status, including a “special migratory resident status” designed for PTP holders who certify economic activity and no criminal record. This status adjustment results in a foreign resident identification, equivalent in most ways to a Peruvian citizen’s national identification.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for protecting refugees. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and recognized the Peruvian Catholic Migration Commission as the official provider of technical assistance to refugees. The commission also advised citizens who sought asylum based on a fear of persecution. The government protected refugees on a renewable, year-to-year basis, in accordance with commission recommendations.

Employment: According to a September UNHCR report, 62 percent of Venezuelans surveyed in the cities of Cusco, Lima, Arequipa, Tumbes, and Tacna believed they had been targets of discrimination, particularly because of their nationality. Following decrees limiting the employment of foreigners in the cities of Cusco and Huancayo, the Ombudsman’s Office issued a public statement in March characterizing the decrees as promoting discriminatory conduct that reinforces stereotypes of Venezuelan migrants. Human rights advocates challenged the decrees in courts, and prosecutors denounced the mayor of Huancayo for inciting discrimination. The Cusco decree was amended to focus on penalizing the practice of arbitrarily dismissing workers and replacing them with persons willing to work at a lower wage.

Durable Solutions: The government does not have a formalized integration program for refugees, but it received persons recognized as refugees by other nations, granted refugee status to persons who applied from within Peru, and provided some administrative support toward their integration. UNHCR provided these refugees with humanitarian and emergency aid, legal assistance, documentation, and, in exceptional cases, voluntary return and family reunification.

Temporary Protection: As of August the government provided temporary protection to more than 277,000 individuals awaiting a decision on their refugee status. The government provided these individuals with temporary residence permits and authorization to work.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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

Recent Elections: Elections were held in April 2016 (for president, the National Congress, and the Andean Parliament) and in June 2016 (a second round for the presidential race only). Domestic and international observers declared the elections to be fair and transparent, despite controversy over the exclusion of two presidential candidates for administrative violations of election-related laws. Pedro Pablo Kuczynski won and assumed the presidency in July 2016 after the second round of presidential elections. Martin Vizcarra was Kuczynski’s first vice president. President Kuczynski resigned in March 2018, a few days before his impeachment hearing on corruption allegations. Pursuant to the constitution, in March 2018 First Vice President Vizcarra assumed the presidency following Kuczynski’s resignation.

Two rounds of regional elections for governorships and municipal offices were held in October and December 2018. Observers declared the elections to be peaceful, free, and fair.

Legislative elections are scheduled for January 2020 following President Vizcarra’s dissolution of Congress on September 30. The opposition presented a challenge to the dissolution in the Constitutional Tribunal. Most analysts assessed that the executive branch’s action was constitutionally permissible and that the tribunal’s review of the case was unlikely to affect the election. There were small, largely peaceful protests both in favor of and opposed to the president’s September 30 actions.

Political Parties and Political Participation: By law groups that advocate the violent overthrow of the government and adhere to ideologies intrinsically incompatible with democracy cannot register as political parties.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. In July, Congress approved a gradual increase of the gender quota in congressional lists (lists of candidates presented by political parties for district elections) from the existing 30 percent to 40 percent by 2021, 45 percent by 2026, and parity (50 percent) by 2031.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; however, the government did not always implement the law effectively, and officials often engaged in corrupt practices with impunity. There were numerous reports of corruption by government officials during the year. Citizens continued to view corruption as a pervasive problem in all branches of national, regional, and local governments.

Corruption: Several high-profile political figures were under investigation for corruption, particularly in relation to the well publicized Odebrecht corruption scandal. Former president Pedro Pablo Kuczynski (2016-18), who resigned in 2018 in the wake of a corruption scandal, was under house arrest pending charges against him. Former president Ollanta Humala (2011-16) and his wife Nadine Heredia remained under investigation on charges of money-laundering campaign donations. Their pretrial detention was annulled by the Constitutional Tribunal in 2018. Former president Alan Garcia (1985-90, 2006-11) died by suicide in April when police arrived at his residence to detain him under a 10-day preliminary arrest warrant on corruption charges. Former president Alejandro Toledo (2001-06) was in preventive detention in the United States awaiting extradition for allegedly accepting bribes during his administration. In November the Constitutional Tribunal approved a habeas corpus request to free two-time presidential candidate Keiko Fujimori from preventive detention while the investigation continued on charges of her obstruction of justice and money-laundering campaign donations.

There was evidence of widespread corruption in the judicial system. Prosecutors launched an investigation following 2018 media reports of a judicial scandal involving allegations of influence peddling and graft by various judges at all levels. In February a specialized team of prosecutors signed an agreement between the government and Brazilian company Odebrecht under which several corporate officials would collaborate with justice authorities to detail Odebrecht’s corruption schemes in Peru.

PNP officials at all levels were implicated in corruption scandals during the year. In September, PNP commander Manuel Hiraldo Morillo Cribilleros, head of the Criminal Division of Puerto Maldonado in the Madre de Dios region, was arrested during a large-scale law enforcement operation targeting the Los Brothers human trafficking ring. Morillo was suspected of being involved in sex trafficking and corruption.

Financial Disclosure: Most public officials must submit personal financial information to the Office of the Comptroller General prior to taking office and periodically thereafter. The comptroller monitors and verifies disclosures, but the law was not strongly enforced. Administrative punishments for noncompliance can include suspension between 30 days and one year, a ban on signing government contracts, and a ban on holding government office. The comptroller makes disclosures available to the public. The comptroller reported only 22 audits were conducted for the 50,000 public official disclosures in 2017. In July, Congress approved an executive proposal to strengthen penalties against anonymous campaign donations.

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

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

Human rights and environmental activists continued to express concern for their safety while working in areas with a lot of natural resource extraction, including illegal logging and mining. They alleged local authorities harassed activists, especially in areas where officials faced corruption charges and suspicion of links to criminal activities. The activists claimed the slow, ineffective process for punishing harassers effectively supported impunity.

Government Human Rights Bodies: The Ministry of Justice and Human Rights, and in particular the Vice Ministry of Human Rights and Access to Justice, oversees human rights issues at the national level. The Ministry of Interior and the Ministry of Women and Vulnerable Populations also have significant human rights roles. These government bodies were generally considered effective.

The independent Office of the Ombudsman operated without government or party interference, and NGOs, civil society organizations, and the public considered it effective.

Congressional committees overseeing human rights included Justice and Human Rights; Women and the Family; Labor and Social Security; Andean, Amazonian, Afro-Peruvian Peoples and Environment and Ecology; Health and Population; and Social Inclusion and Persons with Disabilities.

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

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape. Penalties for this crime are a minimum of 14 years and a maximum of life in prison.

The law defines femicide as the killing of a woman or girl based on expectations, assumptions, or factors distinctive to her gender. The minimum sentence for femicide is 20 years, and 30 years when the crime includes aggravating circumstances (e.g., crimes against minor, elderly, or pregnant victims). Enforcement of these laws was often ineffective.

The law prohibits domestic violence; penalties range from one month to six years in prison. The law authorizes judges and prosecutors to prevent a convicted spouse or parent from returning to the family home. The law also authorizes the victim’s relatives and unrelated persons living in the home to file complaints of domestic violence. The law requires a police investigation of domestic violence to take place within five days of a complaint and obliges authorities to extend protection to female victims of domestic violence. Enforcement of these laws was lax.

Violence against women and girls–including rape, spousal abuse, and sexual, physical, and psychological abuse–was a serious national problem with increased visibility. The Ministry of Women and Vulnerable Populations continued to operate service centers with police, prosecutors, counselors, and public welfare agents to help victims. NGOs expressed concerns about the quality and quantity of the program’s services, particularly in rural areas. The ministry operated a toll-free hotline and implemented projects to sensitize government employees and the citizenry to domestic violence. The government continued efforts to expand temporary shelters, but NGOs and members of Congress stated there were not enough.

Sexual Harassment: Sexual harassment remained a serious problem. Sexual harassment is defined as comments, touching, or actions of a sexual nature that are unsolicited and unwanted by victim. It is a crime with a penalty of up to eight years in prison. Sexual harassment is also a labor rights violation subject to administrative penalties. Government enforcement of laws against sexual harassment remained minimal, although awareness was growing.

In September courts convicted a person of sexual harassment and imposed a sentence of four years and eight months in prison. This was the first-ever conviction for sexual harassment of an adult victim.

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

Discrimination: The law provides for equality between men and women and prohibits discrimination against women with regard to marriage, divorce, pregnancy, pay, and property rights. The government did not enforce the law effectively. While the law prohibits discrimination in employment and educational opportunities based on gender, there was a persistent underrepresentation of women in high-ranking positions. Arbitrary dismissal of pregnant women and workplace discrimination against women were common. The law stipulates that women should receive equal pay for equal work, but women often were paid less than men. The National Institute of Statistics estimated that, as of 2018, women’s earnings were an average of 68 percent of their male counterparts’ earnings.

Birth Registration: Citizenship is derived either by birth within the country’s territory or from one’s parents. The state grants a national identification number upon birth, which is essential to access most public and many private services. Government representatives and NGOs assessed that undocumented citizens were particularly vulnerable to labor exploitation, human trafficking, and crime.

Child Abuse: Violence against children and sexual abuse of children were serious nationwide problems. At-risk children may be placed with guardians or in specialized residential facilities for different kinds of victims. Not all shelters provided psychological care, although the law requires it. In most regions, residential shelters operated by provincial or district authorities were supplemented by shelters operated by schools, churches, and NGOs.

The law requires all government authorities, courts, and social service institutions to use the “best interests of the child” standard in all decisions affecting these children. The law imposes stiff prison sentences for sexual exploitation of children, abusing minors, and child trafficking, but these crimes were sometimes confused with each other. As a result, police did not always collect the correct kind of evidence to meet the prosecutor’s evidentiary burden, and judges at times failed to apply relevant penalty provisions, particularly in trafficking cases.

Early and Forced Marriage: The legal minimum age of marriage is 18. The law allows a civil judge to authorize minors older than 16 to marry.

Sexual Exploitation of Children: The law prohibits child pornography and stipulates a penalty of four to 12 years’ imprisonment and a fine. The law prohibits child sex trafficking, with a minimum penalty of 12 years in prison. Government officials, police, NGOs, civil society leaders, and journalists identified numerous cases of child sex trafficking during the year. The country remained a destination for child sex tourism.

While the country has strong laws to protect children, it frequently had serious problems with enforcement. Media reported on the sex trafficking of minor girls in the illicit gold mining sites of the remote Amazonian Madre de Dios region. In 2018 a local NGO estimated there were approximately 400 brothels in the Madre de Dios mining region, with hundreds of minor girls living in debt bondage and subjected to sex trafficking. In February the PNP and the armed forces launched an enforcement campaign in Madre de Dios to eliminate illegal gold mining and its related crimes, including human trafficking.

The minimum age for consensual sex is 14. A conviction for rape of a child younger than 14 carries penalties ranging from 25 years to life in prison. The law also prohibits adults from using deceit, abuse of power, or taking advantage of a child in a vulnerable situation to have sex with a person younger than 18.

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

Estimates of the Jewish population ranged from 3,000 to 4,000 persons. Jewish community leaders said some individuals continued to engage occasionally in anti-Semitic conspiracy theories on social media. They said the government and both private and government-run media generally did not engage in this activity. In January, Junin Governor Vladimir Cerron tweeted, “If the Left coordinates its unity well, it will successfully face the Jewish-Peruvian powers in the next general elections.” In February, two months before dying by suicide to avoid arrest for a corruption investigation, former president Alan Garcia said a journalist who accused him of stopping the fight against corruption had “brought the Jewish mafia of (Josef) Maiman” to Peru. (Josef Maiman is an Israeli-Peruvian real estate developer implicated in corruption charges.) Some political leaders and media reports criticized the remarks by Cerron and Garcia.

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

The law prohibits discrimination against persons with disabilities, defined as an individual who has a physical, sensory, or mental impairment that limits one or more major life activities. The law establishes infractions and punishments for noncompliance. The law also provides for the protection, care, rehabilitation, security, and social inclusion of persons with disabilities. It mandates that public spaces be free of barriers and be accessible to persons with disabilities. It provides for the appointment of a disability rights specialist in the Ombudsman’s Office. The law mandates the government make its internet sites accessible for persons with disabilities. It requires the inclusion of sign language or subtitles in all educational and cultural programs on public television and in media available in public libraries. The government generally did not effectively enforce these laws.

In September the government issued the General Law on People with Disabilities, requiring companies to improve their job selection processes to give persons with disabilities the opportunity to apply for jobs on equal terms. The law also requires employers to provide employees up to 56 hours per year to accompany their disabled relatives to medical appointments.

The government failed to enforce laws protecting the rights of persons with mental disabilities. NGOs and government officials reported an insufficient number of medical personnel providing services in psychiatric institutions.

While government officials improved enforcement of the rights of persons with disabilities, the country’s disabled community still faced immense challenges due to inaccessible infrastructure, minimal access to education, insufficient employment opportunities, and discrimination, according to government and civil society leaders. The Ombudsman’s Office reported approximately 87 percent of children with disabilities did not attend school, and 76 percent of persons with disabilities did not work. One government survey reported that 70 percent of employers stated they would not hire a person with a disability.

The law requires the government to treat all citizens equally and it prohibits discrimination based on race, national origin, or language. The government did not always enforce the law effectively.

Indigenous communities remained politically, economically, and socially disadvantaged. Indigenous persons continued to face threats from land grabbers, narcotics traffickers, illegal miners, and illegal loggers who operated near or within indigenous land holdings, often in the Amazon. Indigenous persons were particularly at risk for human trafficking. Indigenous leaders expressed concerns that the national and regional governments did not adequately protect indigenous peoples and their property interests.

While the constitution recognizes that indigenous peoples have the right to own land communally, indigenous groups often lacked legal title to demarcate the boundaries of their land. Amazonian indigenous peoples in particular continued to accuse the national government of delaying the final allocation of their land titles. By law local communities retain the right of unassignability, which should prevent the title to such lands from being reassigned to a nonindigenous person. Some indigenous community members, however, sold land to outsiders without the majority consent of their community.

The national government retains subsurface mineral rights for land nationwide. This led to disputes between local indigenous communities, the national government, regional governments, and the various extractive interests. The law requires the government to consult with indigenous communities on proposed extractive projects or on changes to ongoing extractive projects. The government is required to produce a detailed implementation plan to facilitate government and private-sector compliance; implementation of this law was somewhat effective. The law also requires the Ministry of Culture to establish a database of indigenous communities entitled to consultation. As of 2018 the ministry had recognized 55 indigenous groups as being entitled to “prior consultation.” From 2014 to October 2019, the government initiated 24 prior consultations with various indigenous communities, which generated 487 agreements. Of the prior consultations, 10 were concluded and 14 continued.

NGOs, legal experts, and the Ombudsman’s Office continued to express concern that indigenous communities did not have sufficient training to engage in consultations with the government and extractive industries.

The law recognizes the right of individuals to file legal claims of discrimination based on sexual orientation or gender identity. Four regional governments (Piura, La Libertad, Loreto, and San Martin) have regulations that explicitly prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons and provide administrative relief but not criminal sanctions.

Government officials, NGOs, journalists, and civil-society leaders reported widespread official and societal discrimination against LGBTI persons in employment, housing, education, and health care based on sexual orientation or gender identity. NGOs continued to report that law enforcement authorities repeatedly failed to protect, and on occasion violated, the rights of LGBTI citizens. Police harassment and abuse of transgender women remained a problem. Transgender women reported to NGOs that municipal police in metropolitan Lima and other major cities engaged in extortion, violence, and degrading treatment against them. LGBTI persons were particularly vulnerable to human trafficking.

NGOs also reported an increase in forced or coerced conversion therapy. In August the Ombudsman’s Office expressed its concern and its rejection of establishments that seek to modify the sexual orientation or gender identity of LGBTI persons. The ombudsman recommended investigations of these establishments by the Peruvian College of Psychologists, the Medical College of Peru, and the Public Ministry.

The law does not provide transgender persons the right to update their national identity documents to reflect their gender identity. Transgender persons, therefore, often did not have valid national identification cards, which consequently limited their access to government services.

Persons with HIV/AIDS faced discrimination and harassment, including societal discrimination, with respect to employment, housing, and social inclusion. The Ministry of Health implemented policies to combat discrimination based on HIV/AIDS status. HIV/AIDS affected transgender women disproportionately, and many of them could not obtain health care because they lacked national identification cards reflecting their gender and appearance.

In November the Ombudsman’s Office reported most social conflicts involved socioenvironmental issues, with mining-related incidents accounting for 63 percent of the cases. In May a private security force member died during a confrontation with residents of the Paran community in the department of Huanuco over alleged contamination of water by the Invicta Mining Corporation. Clashes in the Tambo Valley injured at least 26 police and several civilians during protests over a construction license for the Tia Maria mining project.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

With certain limitations, labor laws and regulations provide for freedom of association, the right to strike, and collective bargaining. The law prohibits intimidation by employers and other forms of antiunion discrimination. It requires reinstatement of workers fired for union activity, unless they opt to receive compensation instead. The law allows workers to form unions without seeking prior authorization. By law at least 20 workers must be affiliated to form an enterprise-level union and 50 workers must be affiliated to form a sector-wide union or federation. Some labor activists viewed this requirement as prohibitively high in some instances, particularly for small and medium-sized businesses, which represent 96.5 percent of all businesses. The use of unlimited consecutive short-term contracts in sectors such as textiles, apparel, and agriculture made the exercise of freedom of association and collective bargaining difficult.

The law allows unions to declare a strike in accordance with their governing documents. Private-sector workers must give at least five working-days’ advance notice, and public-sector workers must give at least 10 working-days’ notice. The law allows nonunion workers to declare a strike with a majority vote as long as the written voting record is notarized and announced at least five working days prior to the strike. Unions in essential services are permitted to call a strike but must provide 15 working-days’ notice, receive the approval of the Ministry of Labor, obtain approval of a simple majority of workers, and provide a sufficient number of workers during a strike to maintain operations. Private enterprises and public institutions cannot fire workers who strike legally.

The law requires businesses to monitor their contractors with respect to labor rights, and it imposes liability on businesses for the actions of their contractors. Private-sector labor law sets out nine categories of short-term employment contracts that companies may use. The law sets time limits on contracts in each category and has a five-year overall limit on the consecutive use of short-term contracts. A sector-specific law covering parts of the textile and apparel sectors exempts employers from this five-year limit and allows employers to hire workers indefinitely on short-term contracts. In September, Congress renewed the agricultural promotion law, which provides for hiring, compensation, and vacation benefits for farmers until 2031.

The government did not effectively enforce the law. Although the Ministry of Labor and its National Superintendency of Labor Inspection (SUNAFIL) received budget increases in 2017 and 2018, resources remained inadequate to enforce freedom of association, collective bargaining, and other labor laws.

Penalties for violations of freedom of association and collective bargaining were insufficient to deter violations and, according to labor experts and union representatives, were rarely enforced. Workers continued to face prolonged judicial processes and lack of enforcement following dismissals for trade union activity. In October the Ministry of Labor created new services to protect unionization and freedom of association.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law. Forced labor and labor exploitation crimes continued to occur in domestic service, agriculture, forestry, mining, factories, counterfeit operations, brick making, and organized street begging.

Resources, inspections, and remediation were inadequate, and the law was not enforced effectively. The law prescribes penalties of eight to 15 years’ imprisonment for labor trafficking. The government, due in part to weak enforcement and uneven application of the law, failed to deter violations.

SUNAFIL officials conducted inspections to identify forced labor. The Ministry of Labor and SUNAFIL trained SUNAFIL staff and nearly 3,000 regional labor inspectors around the country to raise awareness of forced labor and the applicable law. In September the government approved the National Plan against Forced Labor for 2019-22. The plan aims to identify victims of forced labor, improve the government’s response to violations, restore rights that were violated, and give victims access to basic services, such as legal assistance, health care, and job training. The government also continued to implement the National Plan of Action against Trafficking in Persons 2017-21.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits most of the worst forms of child labor, but there is no prohibition of child recruitment by nonstate armed groups. The legal minimum age for employment is 14, although children between the ages of 12 and 14 may work in certain jobs for up to four hours per day. Adolescents between the ages of 15 and 17 may work up to six hours per day if they obtain special permission from the Ministry of Labor and certify that they are attending school. In certain sectors of the economy, higher age minimums exist: 15 in nonindustrial agriculture; 16 in industry, commerce, and mining; and 17 in industrial fishing. The law specifically prohibits hiring minors in hazardous occupations, including working underground, lifting or carrying heavy weights, accepting responsibility for the safety of others, and working at night. The law allows a judge to authorize children who are 15 and older to engage in night work not exceeding four hours a day. The law prohibits work that jeopardizes the health of children and adolescents; puts their physical, mental, and emotional development at risk; or prevents regular attendance at school.

A permit from the Labor Ministry is required for persons younger than 18 to work legally. Parents must apply for the permit, and employers must have a permit on file to hire a minor.

The Ministry of Labor and SUNAFIL are responsible for enforcing child labor laws, but enforcement was not effective, especially in the informal sector, where most child labor occurred.

In August the Labor Ministry signed a decree that establishes a public accreditation process for companies producing child-labor-free agricultural products.

A 2016 government report on child labor found that more than 26 percent of children between the ages of five and 17 worked. The report noted child labor rates correlated closely with high poverty rates. The report found the rate of child labor was highest, at 46 percent, in rural, agricultural areas, whereas in urban areas the child labor rate was 13 percent.

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

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on race, color, sex, religion, political opinion, national origin, citizenship, social origin, disability, age, language, or social status. The law does not specifically identify discrimination based on sexual orientation, gender identity, HIV-positive status, or other communicable diseases. The law prohibits discrimination against domestic workers and prohibits any requirement by employers for their domestic workers to wear uniforms in public places. The law establishes the following employment quotas for persons with disabilities: 3 percent for private businesses with more than 50 employees and 5 percent for public-sector organizations. The National Council for the Integration of Persons with Disabilities oversees compliance with employment quotas for persons with disabilities.

The government did not effectively enforce the law. Penalties for violations include fines and imprisonment, but they were not sufficient to deter violations. NGOs and labor rights advocates noted that discrimination cases often went unreported.

Societal prejudice and discrimination led to disproportionately high poverty and unemployment rates for women, who earned 30 percent less than their male counterparts. Women were more likely than men to work in the informal sector, such as in domestic work or as street vendors, resulting in lower wages and a lack of benefits. Women were also more likely to work in less safe occupations, such as factory work, exposing them to more occupational injuries and serious accidents.

e. Acceptable Conditions of Work

The law provides for a national minimum wage, which was less than the official estimate for the poverty income level. The government did not effectively enforce wage laws, and penalties were not sufficient to deter violations of minimum wage standards.

The law provides for a 48-hour workweek and one day of rest for formal workers. There is no prohibition on excessive compulsory overtime, nor does the law limit the amount of overtime that a worker may work. The law stipulates 15 days of paid annual vacation.

Occupational safety and health (OSH) standards are appropriate for the main industries. SUNAFIL is responsible for the enforcement of OSH standards. The government did not effectively enforce the law, as it did not devote sufficient resources or personnel to enforce OSH standards adequately.

Noncompliance with labor law is punishable by fines. According to a labor NGO and labor experts, many fines went uncollected, in part because the government lacked an efficient tracking system and at times lacked political will.

The law provides for fines and criminal sanctions for OSH violations. In cases of infractions, injury, or death of workers or subcontractors, the penalty is sufficient to deter violations. Criminal penalties are limited to those cases where employers deliberately violated safety and health laws and where labor authorities had previously and repeatedly notified employers who did not adopt corrective measures. The law requires that a worker prove an employer’s culpability before he or she can obtain compensation for work-related injuries.

Representatives of labor, business, and the government reported that the majority of companies in the formal sector generally complied with the law. Many workers in the informal economy, which was approximately 70 percent of the total labor force, received less than the minimum wage. Most informal workers were self-employed. Nearly 90 percent of Venezuelan migrant workers were in the informal sector, most of them in suboptimal conditions due to their lack of proper documentation and inability to validate their academic credentials.

Uruguay

Executive Summary

The Oriental Republic of Uruguay is a constitutional republic with a democratically elected president and a bicameral legislature. In November, in a free and fair general election, Luis Lacalle Pou won a five-year presidential term. No political party won a majority in parliament; consequently, party coalitions will be required to pass legislation. Legislative elections were also held in October.

Under the Ministry of Interior, the National Police maintains internal security, and the National Directorate for Migration is responsible for migration and border enforcement. The armed forces, under the Ministry of National Defense, are responsible for external security and have some domestic responsibilities, including perimeter security for six prisons, and border security. Civilian authorities maintained effective control over security forces.

Significant human rights abuses included harsh and inhuman conditions in some prisons.

The government took steps to investigate and prosecute officials who committed human rights abuses, and there were no reports of impunity. The judiciary continued to investigate human rights violations committed during the 1973-85 military dictatorship, which the law classifies as crimes against humanity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Violence and Harassment: The NGO CAInfo reported some cases where journalists were subjected to lawsuits and legal threats, sometimes by government officials or associations to discourage them from doing investigative reporting on certain issues.

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status through its refugee commission, which adjudicates asylum claims, provides protection to refugees, and finds durable solutions, including resettlement.

Durable Solutions: The government accepts refugees for resettlement within the framework of a resettlement program implemented jointly with the Office of the UN High Commissioner for Refugees. The program involves 28 families from Guatemala, El Salvador, and Honduras and increases by an average of three families every year. The program includes arranged housing and employment solutions for these families before their arrival to the country.

Not applicable.

Section 3. Freedom to Participate in the Political Process

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.

Recent Elections: In November, Luis Lacalle Pou won a five-year presidential term in a free and fair general election. In the parliamentary elections, no political party won a majority in either house of parliament, and coalitions will be required to pass legislation.

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices, and the government addressed them with appropriate legal action. Authorities sometimes lacked sufficient enforcement resources and mechanisms to adequately identify and address acts of administrative misconduct. The Transparency and Ethics Board lacked the permanent staff needed to operate effectively as an anticorruption agency. The Access to Information Unit intervenes in cases of requests to access classified or sensitive information; however, it has powers only to make recommendations to government bodies, not to force them to disclose information. Overall, the country was considered to have a low level of corruption.

Corruption: As of October the case continued against former vice president Raul Sendic for abuse of authority and embezzlement. He was also under a separate investigation by the state-owned oil company ANCAP for allegedly making personal expenditures on an official credit card and mismanaging funds.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials. Each year the Transparency and Ethics Board lists the names of government officials expected to file a declaration on its website and informs the individuals’ organizations of those expected to comply. The government official, the judiciary, a special parliamentary committee, or the board may access the information in the declarations (by majority vote of the board). The board may direct an official’s office to withhold 50 percent of the employee’s salary until the declaration is presented, and it may publish the names of those who fail to comply in the federal register. There is a requirement for filing, but there is no review of the filings absent an allegation of wrongdoing.

Section 5. Gover