Birth Registration: Under both Ukrainian law and laws imposed by Russian occupation authorities, either birthplace or parentage determines citizenship. Russia’s occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it was difficult for parents to register a child as a citizen with Ukrainian authorities. Registration in the country requires a hospital certificate, which is retained when a birth certificate is issued. Under the occupation regime, new parents could only obtain a Russian birth certificate and did not have access to a hospital certificate. In 2016 the Ukrainian government instituted a process whereby births in Crimea could be recognized with documents issued by occupation authorities.

Institutionalized Children: There were reports occupation authorities continued to permit kidnapping of orphans in Crimea and transporting them across the border into Russia for adoption. Ukraine’s government did not know the whereabouts of the children.

According to Jewish groups, an estimated 10,000 to 15,000 Jews lived in Crimea, primarily in Simferopol. There were no reports of anti-Semitic acts.

Since the beginning of the occupation, authorities singled out Crimean Tatars and Ukrainians for discrimination, abuse, deprivation of civil liberties and religious and economic rights, and violence, including killings and abductions (also see sections 1.a.-1.d., 1.f., 2.a., 2.b., and 2.d.). The August UN secretary-general’s special report noted a “narrowing of space for manifestations of Ukrainian and Crimean Tatar identities and enjoyment of the respective cultures in Crimea. The restrictions have reportedly been closely connected to the suppression of political dissent and alternative political opinion.”

There were reports that government officials openly advocated discrimination against Crimean Tatars. Occupation authorities harassed Crimean Tatars for speaking their language in public and forbade speaking it in the workplace. There were reports teachers prohibited schoolchildren from speaking Crimean Tatar to one another. Crimean Tatars were prohibited from celebrating their national holidays and commemorating victims of previous abuses. For example, on June 26, occupation authorities denied a request by the residents of the town of Oktyabrske to hold a car rally for Crimean Tatar Flag Day. Police arrived at the gathering, informed them the event was unauthorized, and video-recorded those present. According to press reports, as the cars proceeded anyway, they were pulled over four times by police for “document checks.”

Occupation authorities also restricted the use of Crimean Tatar flags and symbols (see section 2.a.).

By the end of 2014, Ukrainian as a language of instruction was removed from university-level education in Crimea. According to the HRMMU, in the 2017-2018 academic year no school provided instruction in Ukrainian, and there were eight available Ukrainian language classes in Russian schools that were attended by 318 children. In 2017 the International Court of Justice ruled on provisional measures in proceedings brought by Ukraine against the Russian Federation, concluding unanimously that the Russian Federation must “ensure the availability of education in the Ukrainian language.”

Occupation authorities have not permitted churches linked to ethnic Ukrainians, in particular the Orthodox Church of Ukraine (OCU) and the Ukrainian Greek Catholic Church, to register under Russian law. Occupation authorities harassed and intimidated members of the churches and used court proceedings to force the OCU in particular to leave properties it had rented for years. The largest OCU congregation in Crimea closed on September 23 following a ruling by occupation authorities that the cathedral located in Simferopol must be “returned to the state.” The church was shut down after repeated refusals by the authorities to allow it to register.

Occupation authorities allegedly selectively seized property belonging to ethnic Ukrainians and Crimean Tatars. According to the August UN secretary-general’s special report, during the year the HRMMU “received information about numerous cases of allocation of land plots to formerly displaced persons in Crimea, including Crimean Tatars, free of charge, as part of plans to legalize the unauthorized appropriation of land or allocation of alternative land plots.”

Russian occupation authorities prohibited Crimean Tatars affiliated with the Mejlis from registering businesses or properties as a matter of policy.

Human rights groups and local LGBTI activists reported that most LGBTI individuals fled Crimea after the Russian occupation began. Those who remained lived in fear of abuse due to their sexual orientation or gender identity.

According to the HRMMU, NGOs working on access to health care among vulnerable groups have found it impossible to advocate for better access to healthcare for LGBTI persons due to fear of retaliation by occupation authorities.

Occupation authorities prohibited any LGBTI group from holding public events in Crimea. According to the HRMMU, LGBTI residents of Crimea faced difficulties in finding a safe environment for gatherings because of occupation authorities’ encouragement of an overall hostile attitude towards the manifestation of LGBTI identity. LGBTI individuals faced increasing restrictions on their right to free expression and assembly peacefully, because occupation authorities enforced a Russian law that criminalizes the so-called propaganda of nontraditional sexual relations to minors (see section 6 of the Country Reports on Human Rights for Russia). For example, on June 29, the organizers of the theater company Territoria apologized for producing a play that showed two women kissing during a state-sponsored theater festival. High-ranking members of the Russian government called for the company to be prosecuted under the Russian law that prohibits the “propaganda” of “nontraditional sexual relations” to minors.

Occupation authorities announced the labor laws of Ukraine would not be in effect after 2016 and that only the laws of the Russian Federation would apply.

Occupation authorities imposed the labor laws and regulations of the Russian Federation on Crimean workers, limited worker rights, and created barriers to freedom of association, collective bargaining, and the ability to strike. Trade unions are formally protected under Russian law but limited in practice. As in both Ukraine and Russia, employers were often able to engage in antiunion discrimination and violate collective bargaining rights. The pro-Russian authorities threatened to nationalize property owned by Ukrainian labor unions in Crimea. Ukrainians who did not accept Russian citizenship faced job discrimination in all sectors of the economy. Only holders of Russian national identification cards were allowed to work in “government” and municipal positions. Labor activists believed that unions were threatened in Crimea to accept “government” policy without question and faced considerable restrictions on advocating for their members.

Although no official data were available, experts estimated there was growing participation in the underground economy in Crimea.

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Rape and Domestic Violence: The law prohibits rape but does not address spousal rape. Penalties range from five years to life in prison. Rape of a pregnant woman is punishable by hard labor. Authorities may add an additional two to five years’ imprisonment if the rape involves assault and battery. Authorities rarely enforced the law.

The law prohibits domestic violence, but it remained a widespread problem. Domestic violence is punishable by two to five years in prison and a fine of four million ariary ($1,100), depending on the severity of injuries and whether the victim was pregnant. There were few shelters for battered women in the country, and many returned to the home of their parents, who often pressured victims to return to their abusers. Various media articles reported during the year a general reluctance of victims to report domestic violence. Women filing legal actions against their husbands faced criticism from their families and communities.

On January 14, a pastor in a local evangelical church in Sambava reportedly raped a church member who had lost her child at birth two months earlier. When the victim complained to her mother-in-law, the news spread rapidly, and the pastor fled to his own village, fearing mob violence. After the intervention of church board members, neither the victim nor her husband reported the incident to the police. There were no reports of legal action against the offender.

Victims of domestic violence from vulnerable populations could receive assistance from advisory centers, called Centers for Listening and Legal Advice, set up in several regions by the Ministry of Population, Social Protection, and Promotion of Women with the support of the United Nations Population Fund (UNFPA). These centers counseled survivors on where to go for medical care, provided psychological assistance, and helped them start legal procedures to receive alimony from their abusers.

In 2016 the government adopted a national strategy to oppose gender-based violence, which includes domestic violence, but implementation was limited to raising public awareness on the one national radio channel.

In April the UNFPA appointed First lady Mialy Rajoelina ambassador against gender-based violence in the country. In July the first lady, along with UNFPA, donated equipment to the Proximity Female Brigade within the national police. The mission of this unit included investigation of gender-based violence and raising public awareness of the issue.

Sexual Harassment: Sexual harassment is against the law, and penalties range from one to three years’ imprisonment and a fine of one to four million ariary ($270 to $1,100). The penalty increases to two to five years’ imprisonment plus a fine of two to 10 million ariary ($540 to $2,700) if criminals forced or pressured the victim into sexual acts or punished the victim for refusing such advances. Authorities enforced the law, but sexual harassment was widespread.

In 2018 BIANCO, in collaboration with UNDP, conducted a study on sexual harassment and corruption. The results of the study revealed sexual harassment qualified as gender-based corruption and prevailed in all professional sectors, including in universities. Victims of harassment, however, generally did not complain, due to fear or shame. At a workshop connected to the study, students testified dissertation supervisors compelled them to provide sexual services in exchange for validation of their theses.

The collaboration between BIANCO and UNDP led to the development of a strategy to combat sexual harassment, which resulted in the setting up a prevention committee to receive anonymous complaints, protecting the confidentiality of victims’ identities and conducting public awareness campaigns.

Labor union members reported sexual harassment prevailed in many sectors. There were reports that some supervisors in manufacturing companies compelled some of their female employees to have sexual relations to renew their contracts or secure promotions. Female teachers reportedly faced similar pressures when trying to negotiate permanent contracts in the public education system. Court rulings generally did not favor victims when they filed complaints.

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

Discrimination: While women enjoyed the same legal status and rights as men in some areas, there were significant differences, and authorities did not enforce the law effectively. Women experienced discrimination in employment and inheritance. While widows with children inherit half of joint marital property, a husband’s surviving kin have priority over widows without children, leaving the widow eighth in line for inheritance if there is no prior agreement. Families at times gave women a more favored position in the areas of employment and inheritance, but there were no reports of women taking legal action in cases of alleged discrimination.

Birth Registration: Under the 2017 nationality code, citizenship derives from one’s parents. The law does not confer nationality on children born in the country if both parents are noncitizens. It does provide for a minor’s right to obtain citizenship if one of the parents, regardless of their marital status, obtains citizenship.

The country has no uniformly enforced birth registration system, and unregistered children typically were not eligible to attend school or obtain health-care services. For additional information, see Appendix C.

Education: The constitution provides for tuition-free public education for all citizen children and makes primary education until the age of 16 compulsory. Nevertheless, parents were increasingly required to pay registration and various fees to subsidize teacher salaries and other costs. As a result, education remained inaccessible for many children. According to UNICEF, boys and girls generally had equal access to education, although girls were more likely to drop out during adolescence.

Child Abuse: Child abuse, including rape, was a problem. The press reported more than 15 cases of child rape, with most victims younger than 12; the youngest was five years old. In June 2018 the Ministry of Population, in partnership with UNICEF, published a study on violence against children in the country. The study revealed violence against children, including physical violence, sexual abuse, and rape, occurred in all environments: family, school, social circles, and working places. It found abuse was rarely reported due to lack of confidence in the justice system, precarious economic conditions, a desire to avoid social discord in the community, and intimidation. Only 4 percent of respondents to the survey said they had reported cases of child abuse to the police, while 19 percent had reported sexual abuse to the police or gendarmerie. Victims’ families often agreed to mediated arrangements involving financial compensation by the wrongdoers and occasionally forced marriage of the victim with the rapist.

In some towns and cities, particularly in Antananarivo, homeless women raised small children in dangerous conditions and environments and forced children as young as three years old to beg on the streets. Sometimes babies were “rented” to beggars to try to increase sympathy from passersby. Government authorities rarely intervened in these cases of child endangerment.

Government efforts to combat child rape were limited, focusing primarily on child protection networks, which addressed the needs of victims and helped raise public awareness.

With the support of UNICEF, the cities of Antananarivo, Toamasina, Mahajanga, and Nosy Be hosted one-stop victim support centers, called Vonjy Centers, in public hospitals. These centers received child victims of sexual abuse, including rape and sexual exploitation. Apart from the medical care, these centers provided psychological support through social workers assigned by NGOs. Police from the minors and child protection brigade recorded their complaints, and volunteer lawyers provided free legal assistance.

In Nosy Be the local office of the Ministry of Population, in collaboration with UNICEF, established a foster family system for child abuse victims who needed placement. Some officials reported victims of child abuse were returned to the home where the abuse occurred due to a lack of other options.

Early and Forced Marriage: The legal age for marriage without parental consent is 18 for both sexes. Nevertheless, child marriage remained very common, particularly in rural areas and in the South.

The practice of moletry, in which girls are married at a young age in exchange for oxen received as a dowry, reportedly continued. The parents of a boy (approximately age 15) look for a spouse for their son (girls may be as young as 12), after which the parents of both children organize the wedding. For additional information, see Appendix C.

According to the results of a 2018 Multiple Indicator Cluster Survey, 37 percent of women between ages 20 and 49 married before the age of 18. The rate for men was 12 percent. Five regions presented the highest rate of early marriage for both men and women, with 60 percent for Atsimo Atsinanana, 66 percent for Atsimo Andrefana, 54 percent for Melaky, 51 percent for Betsiboka, and 54 percent for Sofia. Rural areas were more affected, with 44 percent married before age 18, and 15 percent before age 15. In urban areas 29 percent of women married before age 18 and 7 percent before age 15.

Sexual Exploitation of Children: Antitrafficking legislation provides a penalty of hard labor for recruitment and incitement to prostitution involving a child younger than 18, the sexual exploitation of a child younger than 15, and the commercial sexual exploitation of a child younger than 18. Both the penal code and antitrafficking laws specify penalties of two to five years’ imprisonment and fines up to 10 million ariary ($2,700) for perpetrators of child pornography. Authorities rarely enforced the provisions. There is no minimum legal age for consensual sex.

Sexual exploitation of children, sometimes with the involvement of parents, remained a significant problem.

Employers often abused and raped young rural girls working as housekeepers in the capital. If they left their work, employers typically did not pay them, so many remained rather than return empty-handed to their families and villages. UNICEF’s 2018 study on violence against children indicated all reported cases of sexual violence in the workplace took place in the domestic labor sector.

In 2017 the national gendarmerie officially launched a morals and minors protection unit with responsibility for protecting children, including rape victims in rural areas not covered by the national police’s morals and minors brigade. The Ministry of Justice, collaborating with UNICEF and telecommunications companies, implemented a website called Arozaza (protect the child) that is intended to combat online sexual exploitation of minors and warn potential abusers. The website includes a form to report child endangerment or online pornography.

The Ministry of Population operated approximately 750 programs covering 22 regions throughout the country to protect children from abuse and exploitation. The ministry collaborated with UNICEF to identify child victims and provide access to adequate medical and psychosocial services. The gendarmerie, Ministry of Justice, Ministry of Population, and UNICEF trained local law enforcement officials and other stakeholders in targeted regions on the rights of children. The country was a destination for child sex tourism.

Infanticide or Infanticide of Children with Disabilities: Media reports documented several deaths of newborns abandoned in gutters and dumpsters. A traditional taboo in the southeast against giving birth to twins also contributed to the problem.

Displaced Children: Although child abandonment is against the law, it remained a significant problem. There were few safe shelters for street children, and governmental agencies generally tried first to place abandoned children with parents or other relatives. Authorities placed many children in private and church-affiliated orphanages outside the regulated 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 community consisted of approximately 360 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 disabilities and defines persons with disabilities as those presenting congenital or acquired deficiency in their physical, mental, or sensory capacities (without mentioning intellectual disability). The law also provides for a national commission and regional subcommissions to promote their rights, but none had been set up. By law persons with disabilities are entitled to receive health care, education, facilitated access to public transportation, and have the right to training and employment; the law does not address access to the judicial system, information, and communications. Educational institutions were encouraged to make necessary infrastructure adjustments to accommodate students with disabilities. The law also specifies the state “must facilitate, to the extent possible, access to its facilities, public spaces, and public transportation to accommodate persons with disabilities.”

Authorities rarely enforced the rights of persons with disabilities, and the legal framework for promoting accessibility remained perfunctory.

Access to education and health care for persons with disabilities also was limited due to lack of adequate infrastructure, specialized institutions, and personnel.

Persons with disabilities encountered discrimination in employment. They were also more likely to become victims of various types of abuse, sometimes perpetrated by their own relatives. In August the head of an association of women with disabilities with more than 600 members reported a significant number were victims of rape and sexual abuse. In addition, an estimated 50 percent of their members had been forced by their own families to undergo forced ligation (a form of sterilization), abortion, or both. She noted this practice persisted to a lesser extent during the last few years, thanks to intensive sensitization campaigns conducted by the association.

The electoral code provides that individuals with disabilities should be assisted in casting their ballots, but it contains no other provisions to accommodate such voters. In May the head of a disability rights federation told media persons with disabilities felt excluded from the electoral process since many of the voting materials were not customized for them.

In Antananarivo persons with disabilities were often seen begging for money, sometimes accompanied by someone who was not disabled to call attention to the disabled person’s condition. Security force members did not intervene, even when disabled persons sat between moving lanes of traffic, making it difficult for those in cars to see them.

None of the 18 tribes in the country constituted a majority. There were also minorities of Indian, Pakistani, Comorian, and Chinese heritage. Ethnicity, caste, and regional solidarity often were considered in hiring and exploited in politics. A long history of military conquest and political dominance by highland ethnic groups of Asian origin, particularly the Merina, over coastal groups of African ancestry contributed to tensions between citizens of highland and coastal descent, especially in politics.

The law provides for a prison sentence of two to five years and a fine of two to 10 million ariary ($540 to $2,700) for acts that are “indecent or against nature with an individual of the same sex younger than 21,” which is understood to include sexual relations. There is no law prohibiting same-sex sexual conduct for those older than 21. Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reportedly were unaware of the risk of arrest for “corruption of a minor,” and arrests occurred for such acts, although there were no official statistics.

There are no specific antidiscrimination provisions that apply to LGBTI persons. There were no reports of discrimination in housing, employment, nationality laws, or access to government services. No laws prevent transgender persons from identifying with their chosen gender.

There were no reports of police or other government agents inciting, perpetrating, or condoning violence against LGBTI individuals.

As evidenced by comments in occasional news items involving well known LGBTI personalities, members of the LGBTI community often continued to face considerable social stigma and discrimination within their own families, particularly in rural areas.

Health care providers subjected persons with HIV/AIDS to stigma and discrimination. HIV/AIDS patients have the right to free health care, and the law specifies sanctions against persons who discriminate against or marginalize persons with HIV/AIDS. Apart from the National Committee for the Fight against AIDS in Madagascar, national institutions–including the Ministries of Health and Justice–did not effectively enforce the law.

Mob violence occurred in both urban and rural areas, in large part due to crime and lack of public confidence in police and the judiciary. Crowds killed, beat, burned, or otherwise injured suspected criminals or accomplices, and the media reported 25 deaths resulting from mob violence between January and September. Authorities sometimes arrested the perpetrators, but fear of creating renewed anger hindered prosecution. Media and observers believed the law was more likely to be enforced against perpetrators when it was in the interests of authorities or security forces.

In July the gendarmerie carried out sensitization campaigns against mob violence, especially during the vanilla crop season.

On August 18, in Vohemar, a group of villagers beat to death six presumed thieves who had allegedly robbed 330 pounds of vanilla from a house. The gendarmes arrived on site after the killing and called on the villagers not to engage in mob violence but made no arrests.

a. Freedom of Association and the Right to Collective Bargaining

The law provides that public and private sector workers may establish and join labor unions of their choice without prior authorization or excessive requirements. Civil servants and maritime workers have separate labor codes. Essential workers, including police, military, and firefighters, may not form unions. The maritime code does not specifically provide the right to form unions.

The law generally allows for union activities and provides most workers the right to strike, including workers in Export Processing Zones (EPZs). Authorities prohibit strikes, however, if there is a possibility of “disruption of public order” or if the strike would endanger the life, safety, or health of the population. Workers must first exhaust conciliation, mediation, and compulsory arbitration remedies, which may take eight months to two and one-half years. Magistrates and workers in “essential services” (not defined by law) have a recognized but more restricted right to strike. The law requires them to maintain a basic level of service and to give prior notice to their employer. The labor code also provides for a fine, imprisonment, or both for the “instigators and leaders of illegal strikes.”

The law prohibits antiunion discrimination by employers. In the event of antiunion activity, unions or their members may file suit against the employer in civil court. The law does not accord civil servants and other public sector employees legal protection against antiunion discrimination and interference.

The law provides workers in the private sector, except seafarers, the right to bargain collectively. Public sector employees not engaged in the administration of the state, such as teachers hired under the auspices of donor organizations or parent associations in public schools, do not have the right to bargain collectively. Authorities did not always enforce applicable laws, and penalties were not sufficient to deter violations. Procedures were subject to lengthy delays and appeals. Larger international firms, such as in the telecommunications and banking sectors, more readily exercised and respected collective bargaining rights. These rights, however, were reportedly more difficult to exercise in EPZs and smaller local companies. Union representatives reported workers in such companies often were reluctant to make demands due to fear of reprisal.

The government was inconsistent in its respect for freedom of association and collective bargaining rights. The law requires that unions operate independently of the government and political parties. Union representatives indicated employers increasingly attempted to dissuade or influence unions, which often prevented workers from organizing or criticizing poor working conditions. Unions reported that many employers hindered their employees’ ability to form or join labor unions through intimidation and threats of dismissal for professional misconduct. Due to pervasive corruption, labor inspectors, bribed by some employers, usually approved dismissal of union leaders. As a result, workers were reluctant to join or lead unions.

Strikes occurred throughout the year, including by public school and university teachers, staff of some municipalities, and national company employees. There were no reports of official sanctions taken against any labor leaders.

The law prohibits forced labor, with penalties that were sufficient to deter violations. Trafficking in children was a significant problem in the informal sector. Forced labor also persisted in dina judgments (see section 1.d.). In some communities, local dinas imposed forced labor to resolve conflicts or pay debt. These arrangements persisted because authorities did not effectively enforce the law. The legal definition of trafficking includes forced labor.

The government has a national service requirement law, under which all men are required to perform two years of military service or other work, which the ILO criticized as a potential means of mobilizing compulsory labor for economic development. The national service requirement, however, was not enforced, because those wishing to enlist exceeded the available spaces and funding.

Union representatives charged that working conditions in some garment factories were akin to forced labor. Setting production targets instead of paying overtime allowances became a general practice among EPZ companies. Workers were assigned higher targets each time they reached the previous goals, obliging them to work more hours to avoid sanctions like salary withholding or even dismissal for low performance. The media and union representatives reported additional abuses perpetrated in call centers run by offshore companies and reported that managers required employees to work overtime beyond legal limits.

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

The law establishes a legal minimum working age of 16, with various restrictions. The law also regulates working conditions of children, defines the worst forms of child labor, identifies penalties for employers, and establishes the institutional framework for implementation. The law allows children to work a maximum of eight hours per day and 40 hours per week with no overtime and prohibits persons younger than 18 from working at night or where there is an imminent danger to health, safety, or morals. The law prohibits hazardous occupations and activities for children. The law requires working children to undergo a semiannual medical checkup performed by the company’s doctor or an authorized doctor at the expense of the employer.

The government did not effectively enforce the law. Penalties were insufficient to deter violations. The Ministry of Civil Services, Administrative Reform, Labor, and Social Laws is responsible for enforcing child labor laws.

Child labor was a widespread problem. Centers operated by NGOs in Antananarivo, Antsirabe, and Toamasina cared for children who were victims of human trafficking and forced labor. Children in rural areas worked mostly in agriculture, fishing, and livestock herding, while those in urban areas worked in domestic labor, transport of goods by rickshaw, petty trading, stone quarrying, artisanal mining for gemstones such as sapphires, in bars, and as beggars. Children also worked in the vanilla sector, salt production, mining, deep-sea diving, and the shrimp industry. Some children were victims of human trafficking, which included child sex trafficking and forced labor. The results of the 2018 Multiple Indicator Cluster Survey indicated 47 percent of children were involved in child labor, including 36 percent of those between five and 11 years old. In addition, 32 percent of children between ages five and 17 worked in dangerous environments or occupations.

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 .

Labor laws prohibit workplace discrimination based on race, gender, religion, political opinion, origin, or disability. A special decree on HIV in the workplace bans discrimination based on serology status. The law does not prohibit discrimination based on sexual orientation, gender identity, age, or language. The government did not effectively enforce the law, and penalties were not sufficient to deter violations. Discrimination remained a problem. Employers subjected persons with disabilities and LGBTI individuals to hiring discrimination. Stateless persons had difficulty accessing employment, and refugees and asylum seekers were barred from employment. Members of some evangelical churches reported limited access to employment if their Sabbath was not on Sunday.

In rural areas, where most of the population engaged in subsistence farming, traditional social structures tended to favor entrenched gender roles, leading to a pattern of discrimination against women. While there was little discrimination in access to employment and credit, women often did not receive equal pay for substantially similar work. The law does not permit women to work in positions that might endanger their health, safety, or morals. According to the labor and social protection codes, such positions included night shifts in the manufacturing sector and certain positions in the mining, metallurgy, and chemical industries, and this was generally respected in the formal sectors.

The government raised the minimum wage to an amount slightly above the poverty level as defined by the World Bank. The standard workweek was 40 hours in nonagricultural and service industries and 42.5 hours in the agricultural sector.

The law limits workers to 20 hours of overtime per week and requires two and one-half days of paid annual leave per month. The law requires overtime pay, generally for more than 40 hours work in one week, but the exact circumstances requiring such pay are unclear. If the hours worked exceed the legal limits for working hours (2,200 hours per year in agriculture and 173.33 hours per month in other sectors), employers are legally required to pay overtime in accordance with a labor council decree that also denotes the required amount of overtime pay.

The government sets occupational safety and health standards for workers and workplaces, but the labor code does not define penalties for noncompliance, and only requires an inspection before a company may open. Workers, including foreign or migrant workers, have an explicit right to leave a dangerous workplace without jeopardizing their employment as long as they inform their supervisors. Employers did not always respect this right. Labor activists noted that standards, dating to the country’s independence in some cases, were severely outdated, particularly regarding health and occupational hazards and classification of professional positions. There was no enforcement in the large informal sector, which was estimated to comprise as much as 85 percent of the work force.

The Ministry of Civil Services’ Department of Administrative Reform, Labor, and Social Laws is responsible for enforcing minimum wage and working conditions but did not effectively enforce the law. The number of labor inspectors was insufficient to monitor conditions outside of the capital. Apart from the insufficient number of inspections, authorities reportedly took no other action during the year to prevent violations and improve working conditions. There were no prosecutions, and penalties were insufficient to deter violations.

Violations of wage, overtime, or occupational safety and health standards were common in the informal sector and in domestic work, where many worked long hours for less than minimum wage. Although most employees knew the legal minimum wage, high unemployment and widespread poverty led workers to accept lower wages.

Media and union representatives reported that employees of offshore companies operating in customer service and online commerce generally worked in harsh conditions. These employees were subjected to long working hours including night shifts, weekends, and holidays, generally with no appropriate allowances such as overtime pay. Representatives reported many of them were frequently sick or gave up their jobs within a few days as a result.

Rape and Domestic Violence: The law criminalizes rape with penalties of up to 15 years in prison. The law does not criminalize spousal rape explicitly, but it does criminalize all “sex without consent.” The government generally enforced the law when individuals reported cases. Foreign nationals working as domestic employees occasionally reported that their sponsors or employees of labor recruitment agencies had sexually assaulted them. According to diplomatic observers, police investigations resulted in few rape convictions.

The law does not specifically address domestic violence, and judicial protection orders prohibiting domestic violence do not exist. Charges could be brought, however, under existing statutes outlawing assault, battery, and aggravated assault, which can carry a maximum sentence of three years in prison. Allegations of spousal abuse in civil courts handling family law cases reportedly were common. Victims of domestic violence may file a complaint with police, and reports suggested that police responded promptly and professionally. The government operated a shelter for victims of domestic violence.

Female Genital Mutilation/Cutting (FGM/C): The law does not explicitly ban FGM/C. There were no reliable statistics on the prevalence of FGM/C. Some reports suggested the procedure was practiced.

The government held outreach events at mosques, hospitals, and schools and aired television programs about the harm “traditional practices” may have on children.

Sexual Harassment: Although there is no law against sexual harassment, it has been effectively prosecuted using statutes prohibiting offensive language and behavior. In September 2018 a man was sentenced to six months in prison and fined 10,000 rials ($26,000) for “public insults” after a woman accused him of sexual harassment.

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

Discrimination: The law prohibits gender-based discrimination against citizens, but the government did not appear to enforce the law effectively. Local interpretations of Islamic law and practice of cultural traditions in social and legal institutions discriminated against women. In some personal status cases, such as divorce, a woman’s testimony is equal to half that of a man. The law favors male heirs in adjudicating inheritance.

The Ministry of Interior requires both male and female citizens to obtain permission to marry foreigners, except nationals of Gulf Cooperation Council countries, whom citizens may marry without restriction; authorities do not automatically grant permission, which is particularly difficult for Omani women to obtain. Citizen marriage to a foreigner abroad without ministry approval may result in denial of entry for the foreign spouse at the border and preclude children from claiming citizenship and residency rights. It also may result in a bar from government employment and a fine of 2,000 rials ($5,200).

Despite legal protections for women from forced marriage, deeply embedded tribal practices ultimately compel most citizen women towards or away from a choice of spouse.

The law provides for transmission of citizenship at birth if the father is a citizen, if the mother is a citizen and the father is unknown, or if a child of unknown parents is found in the country. Women married to noncitizens may not transmit citizenship to their children and cannot sponsor their noncitizen husband’s or children’s presence in the country. Children from a marriage between an Omani woman and a non-Omani man are not eligible for citizenship and are vulnerable to being stateless.

The law provides that an adult may become a citizen by applying for citizenship and subsequently residing legally in the country for 20 years or 10 years if married to a male citizen.

Government policy provided women with equal opportunities for education, and this policy effectively eliminated the previous gender gap in educational attainment. Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private sector employers.

The Ministry of Social Development is the umbrella organization for women’s issues. The ministry provided support for women’s economic development through the Oman Women’s Association and local community development centers.

Birth Registration: Citizenship is derived from the father. Women married to noncitizens may not transmit citizenship to their children, and there were a few reported cases of stateless children based on this law. Children of unknown parents are automatically eligible for citizenship. Government employees raised abandoned children in an orphanage. Such children receive free education through the university level and a job following graduation. Citizen marriage to a foreigner abroad without ministry approval may preclude children from claiming citizenship rights (see section 1.f.).

Child Abuse: The Ministry of Health noted that sexual abuse most commonly involved children of both sexes between the ages of six and 12 and was committed by close relatives or friends of the family. According to the law, any concerned citizen must report child abuse, and each governorate had an interagency committee that would meet to discuss the allegations and possibly take the child out of the parent’s custody until the allegations were investigated. The government operated a child abuse hotline, which reported 721 calls in 2018 (more than double the number received in 2017). The government reported that the main complaint was negligence.

Early and Forced Marriage: The age of legal marriage for men and women is 18, although a judge may permit a person to marry younger when the judge or family deemed the marriage was in the minor’s interest. Child marriage occurred in rural communities as a traditional practice.

Sexual Exploitation of Children: Commercial sexual exploitation of children and child pornography are punishable by no fewer than five years’ imprisonment. The penal code increased the punishment for rape of a child younger than 15 to life imprisonment. The minimum age of consensual sex is 18. Marriages performed in the country require both parties to be at least 18, but there were reports of Omani men traveling abroad to marry underage girls. Local authorities sometimes accepted these marriages, and it was unclear if statutory rape would be prosecuted if the parties were married. All sex outside of marriage is illegal, but sex with a minor younger than 15 carries a heavier penalty (up to 15 years’ imprisonment). Authorities do not charge minors. There were no known reports of child prostitution; soliciting a child for prostitution is prohibited.

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.

There was no indigenous Jewish population. Several Arabic-language Omani newspapers, particularly Al-Watan, featured cartoons depicting anti-Semitic imagery when criticizing the Israeli government.

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

The law provides persons with disabilities the same rights as other citizens in employment, education, access to health care, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not conform to the law.

The government provided alternative education opportunities for citizen children with disabilities, including overseas schooling when appropriate.

Additionally, the Ministry of Education collaborated with the International Council for Educational Reform and Development to create a curriculum for students with intellectual disabilities within the standard school system, which was in place throughout the year. The ministers of education and of health crafted a broad-based, prioritized strategy for various ministries to coordinate on the issue of child autism in the sultanate, including early autism diagnosis and intervention in children. The Ministry of Education also coordinated with UNICEF to improve its alternative education systems.

The Ministry of Social Development is responsible for protecting the rights of persons with disabilities. The Directorate General of Disabled Affairs within the Ministry of Social Development creates programs for persons with disabilities and implements these programs in coordination with relevant authorities. The directorate was authorized further to supervise all of the ministry’s rehabilitation and treatment centers for persons with disabilities.

The penal code criminalizes consensual same-sex sexual conduct with a jail term of six months to three years, but it requires a spouse or guardian complaint to initiate prosecution. The government did not actively enforce this law.

The 2018 penal code introduced “crossdressing” (defined as males dressing in female clothing) as a criminal act punishable by up to one year’s imprisonment and a 300-rial ($780) fine. In February 2018 two men dressed as women posted a video on Snapchat. In October 2018 the court sentenced each of them to four years’ imprisonment and a fine of 3,000 rials ($7,800), representing maximum penalties for crossdressing and using technology to “prejudice the moral order.”

Public discussion of sexual orientation and gender identity remained a social taboo. There were no known LGBTI organizations active in the country; however, regional human rights organizations focused on the human rights of LGBTI citizens. Authorities took steps to block LGBTI-related internet content. There were no Pride marches or LGBTI human rights advocacy events.

Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address discrimination.

Foreigners seeking residency in the country are tested for HIV/AIDS. If tested positive, the residency permission is denied, and foreigners must leave the country, but there were no known occurrences of this.

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers can form and join unions, as well as conduct legal strikes and bargain collectively, but with significant restrictions. The law provides for one general federation, to which all unions must affiliate, and which represents unions in regional and international fora. The law requires a minimum of 25 workers to form a union, regardless of company size. The law requires an absolute majority of an enterprise’s employees to approve a strike, and notice must be given to employers three weeks in advance of the intended strike date. The law allows for collective bargaining; regulations require employers to engage in collective bargaining on the terms and conditions of employment, including wages and hours of work. Where there is no trade union, collective bargaining may take place between the employer and five representatives selected by workers. The employer may not reject any of the representatives selected. While negotiation is underway, the employer may not act on decisions related to problems under discussion. The law prohibits employers from firing or imposing other penalties on employees for union activity, although it does not require reinstatement for workers fired for union activity.

Despite the legal protections for labor unions, no independent organized labor unions existed. Worker rights continued to be administered and directed by the General Federation of Oman Workers (GFOW).

Government-approved unions are open to all legal workers regardless of nationality, though the law prohibits members of the armed forces, other public security institutions, government employees, domestic workers, as well as individuals convicted of criminal activity or acts against the security of the country or national unity from forming or joining such unions. In addition, labor laws apply only to workers who perform work under a formal employment agreement and excludes domestic workers.

The law prohibits unions from accepting grants or financial assistance from any source without the Ministry of Manpower’s prior approval. All unions are subject to the regulations of the government federation and may be shut down or have their boards dismissed by the federation.

The government generally enforced applicable laws effectively and respected the rights to collectively bargain and conduct strikes, although strikes in the oil and gas industries are forbidden. The GFOW reported in a survey conducted by the International Trade Union Confederation that employers bypassed collective bargaining and retaliated against workers who participated in strikes. The government provided an alternative dispute resolution mechanism through the Ministry of Manpower, which acted as mediator between the employer and employee for minor disputes such as disagreement over wages. If not resolved to the employee’s satisfaction, the employee could, and often did, resort to the courts for relief. The country lacked dedicated labor courts, and observers noted the mandatory grievance procedures were confusing to many workers, especially foreign workers. The Ministry of Manpower had sufficient resources to act in dispute resolution. Union leaders reported intimidation by companies for their activities and complained they were passed over for promotion.

Freedom of association in union matters and the right to collective bargaining exist, but often the threat of a strike can prompt either company action to resolution or spur government intervention. Strikes rarely occurred and were generally resolved quickly, sometimes through government mediation.

The law prohibits all forced or compulsory labor, but the law explicitly excludes domestic workers. All police officials underwent training in how to identify victims of trafficking in persons to help them identify cases of forced or compulsory labor.

Conditions indicative of forced labor were present. By law all foreign workers, who constituted approximately one-half of the workforce and the majority of workers in some sectors, must be sponsored by a citizen employer or accredited diplomatic mission. Some men and women from South and Southeast Asia, employed as domestic workers or as low-skilled workers in the construction, agriculture, and service sectors, faced working conditions indicative of forced labor, including withholding of passports, restrictions on movement, usurious recruitment fees, nonpayment of wages, long working hours without food or rest, threats, and physical or sexual abuse. These situations were generally considered civil or contract matters by authorities, who encouraged dispute resolution rather than criminal action. Authorities continued to rely on victims to identify themselves and report abuses proactively, rather than proactively investigating trafficking in vulnerable communities.

Sponsorship requirements left workers vulnerable to exploitative and abusive conditions and made it difficult for them to change employers (see section 2.d.). Some sponsors allow their employees to work for other employers, sometimes in return for a fee. This practice is illegal, but enforcement was weak, and such arrangements left workers vulnerable. The government clarified that sponsors of domestic workers are not allowed to send their workers to another home to work, but the regulation was weakly enforced. Some employers of domestic workers, contrary to law, withheld passports and other documents, complicating workers’ release from unfavorable contracts and preventing workers’ departure after their work contracts expired. In some cases, employers demanded exorbitant release fees totaling as much as four months’ salary before providing a “no-objection certificate” (NOC) to permit the worker to change employers. Without this NOC, foreign workers are required to either depart the country for a minimum of two years or remain in their current position. There were reports that sponsors were reluctant to provide NOCs, which would result in loss of the foreign labor certificate for that position.

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

The minimum age for employment is 16, or 18 for certain hazardous occupations. Employees younger than 18 may work only between the hours of 6 a.m. and 6 p.m. and are prohibited from working for more than six hours per day, on weekends, or on holidays. The law allows exceptions to the age requirement in agricultural works, fishing, industrial works, handicrafts, sales, and administrative jobs, under the conditions that it is a one-family business and does not hinder the juvenile’s education or affect health or growth.

The Ministry of Manpower and Royal Oman Police are responsible for enforcing laws with respect to child labor. The law provides for fines for minor violations and imprisonment for repeat violations. Employers are given time to correct practices that may be deemed child labor.

In 2018 the country made a moderate advance in eliminating the worst forms of child labor, which did not appear to be a widespread problem. The government does not publish information on the enforcement of child labor laws and lacks a reciprocal mechanism between the labor inspectorate and 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/ .

Labor laws and regulations do not address discrimination based on race, sex, gender, nationality, political views, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status. Discrimination occurred based on gender, sexual orientation, nationality, disability and gender identity. Foreign workers were required to take HIV/AIDS tests and could only obtain or renew work visas if the results were negative.

Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private sector employers.

The law provides persons with disabilities the same rights as other citizens in employment, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not conform to the law. The law also requires private enterprises employing more than 50 persons to reserve at least 2 percent of positions for persons with disabilities. Authorities did not systematically enforce this regulation.

For further discussion of discrimination, see section 6.

The country has a minimum monthly wage for citizens, but it does not apply to noncitizens in any occupation. Minimum wage regulations do not apply to a variety of occupations and businesses, including small businesses employing fewer than five persons, dependent family members working for a family firm, or some categories of manual laborers. Most citizens who lived in poverty were engaged in traditional subsistence agriculture, herding, or fishing, and generally did not benefit from the minimum wage. The private sector workweek is 45 hours and includes a two-day rest period following five consecutive days of work. Government workers have a 35-hour workweek. The law mandates overtime pay for hours in excess of 45 per week.

The government sets occupational health and safety standards. The law states an employee may leave dangerous work conditions without jeopardy to continued employment if the employer was aware of the danger and did not implement corrective measures. Employees covered under the labor law may receive compensation for job-related injury or illness through employer-provided medical insurance.

Neither wage and hour nor occupational safety and health regulations apply to domestic workers.

The Ministry of Manpower is responsible for enforcing labor laws, and in 2018 it employed inspectors in Muscat and around the country. It generally enforced the law effectively with respect to citizens; however, it did not always effectively enforce regulations regarding hours of employment and working conditions for foreign workers.

Labor inspectors performed random checks of worksites to verify compliance with all labor laws. Inspectors from the Department of Health and Safety of the Labor Care Directorate are responsible for enforcement of health and safety codes. Limited inspections of private sector worksites are required by law to deter or redress unsafe working conditions in the most dangerous sectors.

The Ministry of Manpower effectively enforced the minimum wage for citizens. No minimum wage existed for noncitizens. In wage cases the Ministry of Manpower processed complaints and acted as mediator. In a majority of cases, the plaintiff prevailed, gaining compensation, the opportunity to seek alternative employment, or return to their country of origin in the case of foreign laborers, although they rarely used the courts to seek redress. The ministry was generally effective in cases regarding minor labor disputes.

The government increased efforts during 2018 to prevent trafficking in persons violations, which disproportionately affected foreign workers.

Foreign workers were vulnerable to poor, dangerous, or exploitative working conditions. There were reports that migrant laborers in some firms and households worked more than 12 hours a day without a day off for below-market wages. Employers often cancelled the employment contracts of seriously sick or injured foreign workers, forcing them to return to their countries of origin or remain in the country illegally. Some labor inspections focused on enforcing visa violations and deporting those in an irregular work visa status rather than verifying safe and adequate work conditions.

There are no maximum work-hour limits for domestic workers nor any mandatory rest periods, although the contract between the employer and worker can specify such requirements. There were some reports that domestic workers were subject to overwork with inadequate rest periods. Separate domestic employment regulations obligate the employer to provide domestic workers with free local medical treatment throughout the contract period. Penalties for noncompliance with health regulations were insufficient to deter violations. Some domestic workers were subjected to abusive conditions.

There was no data available on workplace fatalities or safety.

Rape and Domestic Violence: Rape is a criminal offense, with punishment for conviction that ranges from a minimum of 10 to 25 years in prison and a fine, to the death penalty. The penalty for conviction of gang rape is death or life imprisonment. The law does not explicitly criminalize spousal rape and defines rape as a crime committed by a man against a woman. Although rape was frequent, prosecutions are rare. The Criminal Law (Amendment) (Offense of Rape) Act of 2016 provides for collection of DNA evidence and includes nondisclosure of a rape victim’s name, the right to legal representation of rape victims, relaxed reporting requirements for female victims, and enhanced penalties for rape of victims with mental or physical disabilities.

The government did not effectively enforce the 2006 Women’s Protection Act, which brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. The law prohibits police from arresting or holding a female victim overnight at a police station without a civil court judge’s consent. The law requires a victim to complain directly to a sessions court, which tries for heinous offenses. After recording the victim’s statement, the sessions court judge files a complaint, after which police may make arrests. NGOs reported the procedure created barriers for rape victims who could not travel to or access the courts. NGOs continued to report that rape was a severely underreported crime.

The Punjab Protection of Women against Violence Act provides legal protections for domestic abuse victims, including judicial protective orders and access to a new network of district-level women’s shelters. Centers provide women a range of services including assistance with the completion of first information reports regarding the crimes committed against them, first aid, medical examinations, post-trauma rehabilitation, free legal services, and a shelter home. The Punjab government funds four women’s career centers in Punjab universities, 12 crisis centers that provide legal and psychological services to women, and emergency shelters for women and children. In March the Punjab government established a women’s hostel authority to assist women in finding safe, affordable, temporary lodging while looking for work.

Lahore uses a specialty court designed to focus exclusively on gender-based violence (GBV) crimes. The Lahore Gender-Based Violence Court receives the most serious cases in the district, such as aggravated rape, and offers enhanced protections to women and girl.

There were no reliable national, provincial, or local statistics on rape due to underreporting and no centralized law enforcement data collection system.

Prosecutions of reported rapes were rare, although there were reports that prosecution rates increased in response to police capacity building programs and public campaigns to combat the lack of awareness regarding rape and GBV. Police and NGOs reported individuals involved in other types of disputes sometimes filed false rape charges, reducing the ability of police to identify legitimate cases and proceed with prosecution. NGOs reported police sometimes accepted bribes from perpetrators, abused or threatened victims, and demanded victims drop charges, especially when suspected perpetrators were influential community leaders. Some police demanded bribes from victims before registering rape charges, and investigations were often superficial. Furthermore, accusations of rape were often resolved using extrajudicial measures, with the victim frequently forced to marry her attacker.

The use of rape medical testing increased, but medical personnel in many areas did not have sufficient training or equipment, which further complicated prosecutions. Most victims of rape, particularly in rural areas, did not have access to the full range of treatment services. There were a limited number of women’s treatment centers, funded by the federal government and international donors. These centers had partnerships with local service providers to create networks that delivered a full spectrum of essential services to rape victims.

No specific federal law prohibits domestic violence, which was widespread. Police may charge acts of domestic violence as crimes pursuant to the penal code’s general provisions against assault and bodily injury. Provincial laws also prohibit acts of domestic violence. Forms of domestic violence reportedly included beating, physical disfigurement, shaving of women’s eyebrows and hair, and–in extreme cases–homicide. Dowry and other family-related disputes sometimes resulted in death or disfigurement by burning or acid.

Women who tried to report abuse often faced serious challenges. Police and judges were sometimes reluctant to act in domestic violence cases, viewing them as family problems. Instead of filing charges, police often responded by encouraging the parties to reconcile. Authorities routinely returned abused women to their abusive family members.

To address societal norms that disapprove of victims who report GBV, the government established women’s police stations, staffed by female officers, to offer women a safe place to report complaints and file charges. There was an inadequate number of women’s police stations, and they faced financial shortfalls and appropriate staffing shortages.

The government continued to operate the Crisis Center for Women in Distress, which referred abused women to NGOs for assistance. Numerous government-funded Shaheed Benazir Bhutto Centers for Women across the country provided legal aid, medical treatment, and psychosocial counseling. These centers served women who were victims of exploitation and violence. Officials later referred victims to dar–ul–amans, shelter houses for abused women and children, of which there were several hundred around the country. The dar-ul-amans also provided access to medical treatment. According to NGOs, the shelters did not offer other assistance to women, such as legal aid or counseling, and often served as halfway homes for women awaiting trial for adultery but who in fact were victims of rape or other abuse.

Government centers lacked sufficient space, staff, and resources. Many overcrowded dar-ul-amans did not meet international standards. Some shelters did not offer access to basic needs such as showers, laundry supplies, or feminine hygiene products. In some cases individuals reportedly abused women at the government-run shelters, and staff severely restricted women’s movements, or pressured them to return to their abusers. There were some reports of women exploited in prostitution and sex trafficking in shelters. Some shelter staff reportedly discriminated against the shelter residents, assuming that if a woman fled her home, it was because she was a woman of ill repute.

Media reported that Pakistani women and girls were trafficked to China, some as child brides. On December 5, the Associated Press reported that Pakistani investigators had compiled a list of up to 629 girls and women being trafficked to China but that officials with connections to China hindered efforts to investigate the trafficking. The embassy of China in Islamabad denied the reports.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, many Dawoodi Bohra Muslims practiced various forms of FGM/C. Some Dawoodi Bohras spoke publicly and signed online petitions against the practice. Some other isolated tribes and communities in rural Sindh and Balochistan also reportedly practiced FGM/C.

Other Harmful Traditional Practices: Women were victims of various types of societal violence and abuse, including so-called honor killings, forced marriages and conversions, imposed isolation, and used as chattel to settle tribal disputes.

A 2004 law on honor killings, the 2011 Prevention of Antiwomen Practices Act, and the 2016 Criminal Law Amendment (Offenses in the Name or Pretext of Honor) Act criminalize acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of so-called honor killings, and many cases went unreported and unpunished. In many cases officials allowed the male involved in the alleged “crime of honor” to flee. Because these crimes generally occurred within families, many went unreported. Police and NGOs reported that increased media coverage enabled law enforcement officers to take some action against these crimes. Media reported that assailants killed 78 persons, including 50 women, in “honor” killings in the first six months of the year.

In February Zulfiqar Wassan killed a 14-year-old girl, Rimsha Wassan, in Khairpur, Sindh. After police apprehended Wassan, they discovered that he was involved in three other “honor” killing cases. On July 1, police arrested a man and several of his family members in Multan, Punjab, after the man reportedly shot and killed his wife, their two children, and six of her family members as revenge for his wife’s suspected affair. The District Police Officer reported that the man was unrepentant for what was “clearly an honor killing.” As of September the cases were pending with the trial court.

There were reports that the practice of disfigurement, including cutting off a woman’s nose or ears or throwing acid in the face, in connection with domestic disputes or so-called honor crimes, continued and legal repercussions were rare.

The 2016 Sindh Hindu Marriage Act and the 2017 Hindu Marriage Act (applying to all other provinces) codify the legal mechanisms to formally register and prove the legitimacy of Hindu marriages. The 2017 Hindu Marriage Act allows for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. Some activists claimed the latter provision weaken the government’s ability to protect against forced marriage and conversion. The 2016 Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act 2018 allows local government officials to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.

The 2011 Prevention of Antiwomen Practices Amendment Act criminalizes and punishes the giving of a woman in marriage to settle a civil or criminal dispute; depriving a woman of her rights to inherit movable or immovable property by deceitful or illegal means; coercing or in any manner compelling a woman to enter into marriage; and compelling, arranging, or facilitating the marriage of a woman with the Quran, including forcing her to take an oath on the Quran to remain unmarried or not to claim her share of an inheritance. Although prohibited by law, these practices continued in some areas. In March a local jirga gave a seven-year-old girl as compensation for an honor killing case in Pano Aqil, Sindh. Police recovered the girl after a video showing her crying for justice went viral.

The law makes maiming or killing using a corrosive substance (such as acid) a crime and imposes stiff penalties against perpetrators. There were numerous acid attacks on women across the country, with few perpetrators brought to justice.

The 2012 National Commission on the Status of Women Bill provides for the commission’s financial and administrative autonomy to investigate violations of women’s rights.

Sexual Harassment: Although several laws criminalize sexual harassment in the workplace and public sphere, the problem was reportedly widespread. The law requires all provinces to have provincial-level ombudsmen. The Sindh, Punjab, Khyber Pakhtunkhwa Provinces and Gilgit-Baltistan Province had established ombudsmen. On April 1, Balochistan appointed advocate Sabira Islam as the first provincial ombudsperson.

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

Discrimination: The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance.

The law entitles female children to one half the inheritance of male children. Wives inherit one eighth of their husbands’ estates. Women often received far less than their legal entitlement.

Birth Registration: Citizenship is derived by birth in the country, although children born abroad after 2000 may derive their citizenship by descent if either the mother or the father is a citizen and the child is registered with the proper authorities.

Education: The constitution mandates compulsory education, provided free of charge by the government, to all children between ages five and 16. Despite this provision, government schools often charged parents for books, uniforms, and other materials.

Medical Care: Boys and girls had equal access to government facilities, although families were more likely to seek medical assistance for boys than for girls.

Child Abuse: Child abuse was widespread. Employers, who in some cases were relatives, abused young girls and boys working as domestic servants by beating them and forcing them to work long hours. Many such children were human trafficking victims.

Local authorities subjected children to harmful traditional practices, treating girls as chattel to settle disputes and debts.

In 2016 the government updated its definition of statutory rape and expanded the previous definition, which was sexual intercourse with a girl younger than 16, to include boys.

Early and Forced Marriage: Despite legal prohibitions, child marriages occurred. Federal law sets the legal age of marriage at 18 for men and 16 for women. The 2014 Sindh Child Marriage Restraint Act sets 18 as the legal age of marriage for both girls and boys in Sindh Province. A 2017 amendment to the penal code substantially increased punishment for conviction of violating the law. A convicted individual may be imprisoned for up to 10 years and no less than five years (up from imprisonment of up to one month) and may also be fined up to one million Pakistani rupees ($6,430), up from 1,000 Pakistani rupees (six dollars).

In 2014 the Council of Islamic Ideology declared child marriage laws to be un-Islamic and noted they were “unfair and there cannot be any legal age of marriage.” The council stated that Islam does not prohibit underage marriage since it allows the consummation of marriage after both partners reach puberty. Decisions of the Council are nonbinding.

In rural areas, poor parents sometimes sold their daughters into marriage, in some cases to settle debts or disputes. Although forced marriage is a criminal offense and in many filed cases, prosecution remained limited.

Sexual Exploitation of Children: Various local laws exist to protect children from child pornography, sexual abuse, seduction, and cruelty, but federal laws do not prohibit using children for prostitution or pornographic performances, although child pornography is illegal under obscenity laws. Legal observers reported that authorities did not regularly enforce child protection laws.

Infanticide or Infanticide of Children with Disabilities: Parents occasionally abandoned unwanted children, most of which were girls. By law anyone found to have abandoned an infant may be imprisoned for seven years, while anyone guilty of secretly burying a deceased child may be imprisoned for two years. Conviction of murder is punishable by life imprisonment, but authorities rarely prosecuted the crime of infanticide.

Displaced Children: According to civil society sources, it was difficult for children formerly displaced by military operations to access education or psychological support upon their return to former conflict areas. Nonetheless, the KP government has reconstructed some of the 1,800 schools in the former FATA districts, where large numbers of internally displaced persons have returned. The government prioritized rehabilitating schools and enrolling children in these former conflict areas, and the overall number of out-of-school children decreased, according to international organizations.

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.

Most of the historic Jewish community has emigrated. Anti-Semitic sentiments were widespread in the vernacular press. Hate speech used by some politicians and broadcast in some print media and through social media used derogatory terms such as “Jewish agent” to attack individuals and groups or referred to “Zionist conspiracies.”

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

The law provides for equal rights for persons with disabilities, and provincial special education and social welfare offices are responsible for protecting the rights of persons with disabilities; nonetheless, authorities did not always implement its provisions. Each province has a department or office legally tasked with addressing the educational needs of persons with disabilities. Despite these provisions, most children with disabilities did not attend school, according to civil society sources.

Employment quotas at the federal and provincial levels require public and private organizations to reserve at least 2 percent of jobs for qualified persons with disabilities. Authorities only partially implemented this requirement due to lack of adequate enforcement mechanisms. Organizations that did not wish to hire persons with disabilities could instead pay a fine to a disability assistance fund. Authorities rarely enforced this obligation. The National Council for the Rehabilitation of the Disabled provided job placement and loan facilities as well as subsistence funding. Access to polling stations was challenging for persons with disabilities because of severe difficulties in obtaining transportation. The Elections Act 2017 allows for absentee voting for persons with disabilities. In order to register for an absentee ballot, however, persons with disabilities were required to obtain an identification card with a special physical disability symbol. According to disability rights activists, the multistep process for obtaining the special identification symbol was cumbersome and challenging.

The Sindh Provincial Assembly implemented new procedures regarding the Sindh Empowerment of Persons with Disabilities Act of 2018, including the issuance of special identity cards to persons with disabilities to provide for legal protections. On November 9, the Sindh Provincial Assembly approved an amendment to the Motor Vehicles Ordinance of 1965 that allows individuals with hearing disabilities to obtain drivers licenses and waived license fees.

On August 8, the Gilgit Baltistan Assembly approved the Disability Act 2019 Gilgit Baltistan.

Some Sindhi and Baloch nationalist groups claim that authorities detain their members based on political affiliation or belief. Nationalist parties in Sindh further allege that law enforcement and security agencies kidnap and kill Sindhi political activists.

On February 6, a local government chairperson, Abdul Rahim Shah, shot Sindhi political activist Irshad Ranjhani on a road in Karachi. Shah claimed he shot at Ranjhani in self-defense during an armed robbery attempt. A former police officer, Riaz Hussain, denied Ranjhani timely access to medical care, which led to his death. The video of the incident showed police officers interrogating and mistreating an injured Ranjhani while in custody. On February 11, police arrested Shah and suspended Riaz Hussain for delaying medical treatment by taking the victim to a police station rather than a hospital for urgent medical care. In April police and other witnesses told a court that police allowed Shah to shoot Ranjhani in the head for a fifth time during transit from the police station to the hospital.

Sectarian militants continue to target members of the Shia Hazara minority in Quetta, Baluchistan. As a result they are largely confined to two Hazara-populated enclaves, which significantly restricts their ability to move freely, find employment, and pursue higher education.

Consensual same-sex sexual conduct is a criminal offense. The penalty for conviction of same-sex relations is a fine, two years to life imprisonment, or both. Lesbian, gay, bisexual, male transgender, and intersex persons rarely revealed their sexual orientation or gender identity in the public sphere. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.

Violence and discrimination continued against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The crimes often go unreported, and police generally take little action when they do receive reports. On April 1, Inspector General of Police (IGP) announced that the government would provide 5 percent of the office jobs in the Sindh police force to members of the transgender community. On April 13, unidentified assailants stabbed and killed a 30-year-old transgender person in Karachi. Her death followed the death and apparent torture on March 26 of an elderly member of the transgender community. Outreach by NGOs in KP, however, improved interactions between police and the transgender community there. A local NGO reported that prison officials in KP house transgender prisoners separately, and that the provincial government formed a jail oversight committee to improve the prison situation. Local NGOs working in the Islamabad Capital Territory and Punjab have conducted transgender sensitization training for police officers.

According to a wide range of LGBT NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also were prostitutes. Local authorities often denied transgender individuals their share of inherited property, and admission to schools and hospitals. Property owners frequently refused to rent or sell property to transgender persons. In 2018 Parliament passed the landmark Transgender Persons (Protection of Rights) Act, which addresses many of these problems. The law accords the right of transgender individuals to be recognized according to their “self-perceived gender identity,” provides for basic rights, and prohibits harassment of transgender persons, and outlaws discrimination against them in employment, housing, education, healthcare, and other services. There is no such law, however, protecting the rights of lesbian, gay, or bisexual individuals.

A 2012 Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national identity cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters.

The country continued to have a concentrated HIV epidemic among injecting drug users, while the estimated prevalence in the general population was less than 0.1 percent. The epidemic was concentrated among injecting drug users (21 percent). Stigma and discrimination by the general population and by health-care providers against persons living with HIV in particular remained a significant barrier to treatment access. An estimated 14 percent of persons living with HIV know their status, and approximately one tenth of them were on antiretroviral treatment, according to the Joint UN Program on HIV/AIDS. Transgender advocacy organizations and activists report that HIV is particularly prevalent in their community, with little medical help.

Societal violence due to religious intolerance remained a serious problem. There were occasionally reports of mob violence against religious minorities, including Christians, Ahmadi Muslims, and Hindus. Shia Muslim activists reported ongoing instances of targeted killings and enforced disappearances in limited parts of the country.

Members of the Hazara ethnic minority, who are Shia Muslim, continued to face discrimination and threats of violence in Quetta, Balochistan. According to press reports and other sources, Hazara were unable to move freely outside of Quetta’s two Hazara-populated enclaves. Community members complained that increased security measures had turned their neighborhoods into ghettos, resulting in economic exploitation. Consumer goods in those enclaves were available only at inflated prices, and Hazaras reported an inability to find employment or pursue higher education. They also alleged government agencies discriminated against Hazaras in issuing identification cards and passports. Authorities provided enhanced security for Shia religious processions but confined the public observances to the Hazara enclaves.

a. Freedom of Association and the Right to Collective Bargaining

The vast majority of the labor force was under the jurisdiction of provincial labor laws. The 2010 18th constitutional amendment, which devolved labor legislation and policies to the four provinces, stipulated that existing national laws would remain in force “until altered, repealed, or amended” by the provincial governments. Provinces implemented their own industrial relations acts in 2011. In 2012 Parliament passed a new industrial relations act that took International Labor Organization (ILO) conventions into account but applied them only to the Islamabad Capital Territory and to trade federations that operated in more than one province.

The role of the federal government remained unclear in the wake of devolution. The only federal government body with any authority over labor issues was the Ministry of Overseas Pakistanis and Human Resource Development, whose role in domestic labor oversight was limited to compiling statistics to demonstrate compliance with ILO conventions. At the provincial level, laws providing for collective bargaining rights excluded banking and financial sector workers, forestry workers, hospital workers, self-employed farmers, and persons employed in an administrative or managerial capacity.

In July the Balochistan High Court ordered the cancellation of the registration of all trade unions formed by government employees, ruling that such workers are not allowed to form a union under the Balochistan Industrial Relations Act of 2010. The registrar of Balochistan trade unions thereafter cancelled 62 trade unions’ registration. The affected unions’ appeal at the Supreme Court was pending at year’s end.

Without any federal government entity responsible for labor, the continued existence of the National Industrial Relations Commission remained in question. The 2012 Federal Industrial Relations Act stipulates that the commission may adjudicate and determine industrial disputes within the Islamabad Capital Territory to which a trade union or federation of trade unions is a party and any other industrial dispute determined by the government to be of national importance. This provision does not provide a forum specifically for interprovincial disputes but appears to allow for the possibility that the commission could resolve such a dispute. Worker organizations noted the limited capacity and funding for labor relations implementation at the provincial level.

The law prohibits state administrators, workers in state-owned enterprises, and export processing zones, and public-sector workers from collective bargaining and striking. Nevertheless, state-owned enterprises planned for privatization faced continuous labor strikes. Provincial industrial relations acts also address and limit strikes and lockouts. For example, the KP Act specifies that when a “strike or lockout lasts for more than 30 days, the government may, by order in writing, prohibit the strike or lockout” and must refer the dispute to a labor court.

Federal law defines illegal strikes, picketing, and other types of protests as “civil commotion,” which carries a penalty if convicted of up to life imprisonment. The law also states that gatherings of four or more persons may require police authorization, which is a provision authorities could use against trade union gatherings. Unions were able to organize large-scale strikes, but police often broke up the strikes, and employers used them to justify dismissals. In March and May, Sindh schoolteachers and nurses staged protests against recruitment and promotion rules. Police used force against the protest, causing injury to dozens of protesters, and arresting several of them. On July 17, police beat and used water cannons to halt a public protest by nurses from public sector hospitals across Sindh for increased salaries and better facilities. Police detained 20 protesters but released them later. Marches and protests also occurred regularly, although police sometimes arrested union leaders.

Enforcement of labor laws remained weak, in large part due to lack of resources and political will. Most unions functioned independently of government and political party influence. Labor leaders raised concerns regarding employers sponsoring management-friendly or only-on-paper worker unions–so-called yellow unions–to prevent effective unionization.

There were no reported cases of the government dissolving a union without due process. Unions could be administratively “deregistered,” however, without judicial review.

Labor NGOs assisted workers by providing technical training and capacity-building workshops to strengthen labor unions and trade organizations. They also worked with established labor unions to organize workers in the informal sector and advocated policies and legislation to improve the rights, working conditions, and wellbeing of workers, including laborers in the informal sector. NGOs also collaborated with provincial governments to provide agricultural workers, brick kiln workers, and other vulnerable workers with national identification so they could connect to the country’s social safety net and access the benefits of citizenship (such as voting, health care, and education).

The law prohibits all forms of forced or compulsory labor, cancels all existing bonded labor debts, forbids lawsuits for the recovery of such debts, and establishes a district “vigilance committee” system to implement the law. Federal and provincial acts, however, prohibit employees from leaving their employment without the consent of the employer, since doing so would subject them to penalties of imprisonment that could involve compulsory labor.

The law defines trafficking in persons as recruiting, harboring, transporting, providing, or obtaining another person (or attempting to do so) through force, fraud, or coercion for the purpose of compelled labor or commercial sex. The penalty for conviction of trafficking in persons is sufficient to deter violations. With regard to sex trafficking, however, by allowing for a fine in lieu of imprisonment, these penalties were not commensurate with those for other serious crimes, such as rape. Lack of political will, the reported complicity of officials in labor trafficking, as well as federal and local government structural changes, contributed to the failure of authorities to enforce federal law relating to forced labor. Resources, inspections, and remediation were inadequate.

The use of forced and bonded labor was widespread and common in several industries across the country. NGOs estimated that nearly two million persons were in bondage, primarily in Sindh and Punjab, but also in Balochistan and KP. A large proportion of bonded laborers were low-caste Hindus as well as Christians and Muslims with lower socioeconomic backgrounds. Bonded labor was reportedly present in the agricultural sector, including the cotton, sugarcane, and wheat industries, and in the brick, coal, and carpet industries. Bonded laborers often were unable to determine when their debts were paid in full, in part, because contracts were rare, and employers could take advantage of bonded laborers’ illiteracy to alter debt amounts or the price laborers paid for goods they acquired from their employers. In some cases landowners restricted laborers’ movements with armed guards or sold laborers to other employers for the price of the laborers’ debts.

Ties among landowners, industry owners, and influential politicians hampered effective elimination of the problem. For example, some local police did not pursue landowners or brick kiln owners effectively because they believed higher-ranking police, pressured by politicians or the owners themselves, would not support their efforts to carry out legal investigations. Some bonded laborers returned to their former status after authorities freed them, due to a lack of alternative employment options. In Sindh the landmark Bonded Labor Act of 2015 has no accompanying civil procedure to implement the law. Of the 27 district vigilance committees charged with overseeing bonded labor practices, only seven had held meetings as of July.

Boys and girls were bought, sold, rented, or kidnapped to work in illegal begging rings, as domestic servants, or as bonded laborers in agriculture and brickmaking (see section 7.c.). Illegal labor agents charged high fees to parents with false promises of decent work for their children and later exploited them by subjecting the children to forced labor in domestic servitude, unskilled labor, small shops, and other sectors.

The government of Punjab funded the Elimination of Child Labor and Bonded Labor Project, under which the Punjab Department of Labor worked to combat child and bonded labor in brick kilns. They did this by helping workers obtain national identity cards and interest free loans and providing schools at brick kiln sites. On March 29, the Lahore High Court ordered the labor secretary to enact measures to pay the school fees of children working in brick kilns. On July 1, the Punjab government issued a notification that set brick kiln laborers’ wages, as well as conditions of overtime work and paid holidays. The KP, Punjab, and Sindh ministries of labor reportedly worked to register brick kilns and their workers in order to regulate the industry more effectively and provide workers access to labor courts and other services.

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

The law does not prohibit all of the worst forms of child labor. The constitution expressly prohibits the employment of children younger than age 14 in any factory, mine, or other hazardous site. The national law for the employment of children sets the minimum age for hazardous work at 15, which does not comply with international standards. Provincial laws in KP, Punjab, and Sindh set the minimum age for hazardous work at 18 or 19, meeting international standards. In May the Punjab government announced the first phase of the Punjab Domestic Workers Act 2019, which prohibits hiring a child younger than 15 as a domestic worker. Despite these restrictions, there were nationwide reports of children working in areas the law defined as hazardous, such as leather manufacturing, brick making, and deep-sea fishing.

By law the minimum age for nonhazardous work is 15, but the law does not extend the minimum age limit to informal employment. The law limits the workday to seven hours for children, including a one-hour break after three hours of labor, and sets permissible times of day for work and time off. The law does not allow children to work overtime or at night, and it specifies they should receive one day off per week. Additionally, the law requires employers to keep a register of child workers for labor inspection purposes. These national prohibitions and regulations do not apply to home-based businesses or brickmaking.

Federal law prohibits the exploitation of children younger than 18 and defines exploitative entertainment as all activities related to human sports or sexual practices and other abusive practices. Parents who exploit their children are legally liable.

Child labor remained pervasive, with many children working in agriculture and domestic work. There were also reports that small workshops employed a large number of child laborers, which complicated efforts to enforce child labor laws. Poor rural families sometimes sold their children into domestic servitude or other types of work, or they paid agents to arrange for such work, often believing their children would work under decent conditions. Some children sent to work for relatives or acquaintances in exchange for education or other opportunities ended in exploitative conditions or forced labor. Children also were kidnapped or sold into organized begging rings, domestic servitude, militant groups and gangs, and child sex trafficking.

Coordination of responses to child labor problems at the national level remained ineffective. Labor inspection was the purview of provincial rather than national government, which contributed to uneven application of labor law. Enforcement efforts were not adequate to meet the scale of the problem. Inspectors had little training and insufficient resources and were susceptible to corruption. Authorities registered hundreds of child labor law violations, but they often did not impose penalties on violators; when they did, the penalties were not a significant deterrent. Authorities generally allowed NGOs to perform inspections without interference.

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 .

While regulations prohibit discrimination in employment and occupation regarding race, sex, gender, disability, language, gender identity, HIV-positive status or other communicable diseases, or social status, the government did not effectively enforce those laws and regulations. Discrimination with respect to employment and occupation based on these factors persisted.

The 2010 passage of the 18th amendment to the constitution dissolved the federal Ministry of Labor and Manpower, resulting in the devolution of labor issues to the provinces. Some labor groups, international organizations, and NGOs remained critical of the devolution, contending that certain labor issues–including minimum wages, worker rights, national labor standards, and observance of international labor conventions–should remain within the purview of the federal government. Observers also raised concerns regarding the provinces’ varying capacity and commitment to adopt and enforce labor laws. Some international organizations, however, observed that giving authority to provincial authorities led to improvements in labor practices, including inspections, in some provinces.

The minimum wage as set by the government exceeds its definition of the poverty line income for an individual, which is 9,300 Pakistani Rupees ($60) per month. The minimum wage is 15,000 ($96) Rupees per month. The minimum wage was greater than the World Bank’s estimate for poverty level income. Authorities increased the minimum wage in the annual budget, and both federal and provincial governments issued notifications for such increases to go into effect. Minimum wage laws did not cover significant sectors of the labor force, including workers in the informal sector, domestic servants, and agricultural workers; and enforcement of minimum wage laws was uneven.

The law provides for a maximum workweek of 48 hours (54 hours for seasonal factories) with rest periods during the workday and paid annual holidays. The labor code also requires time off on official government holidays, overtime pay, annual and sick leave, health care, education for workers’ children, social security, old-age benefits, and a workers’ welfare fund. Many workers, however, were employed as contract laborers with no benefits beyond basic wages and no long-term job security, even if they remained with the same employer for many years. Furthermore, these national regulations do not apply to agricultural workers, workers in establishments with fewer than 10 employees, or domestic workers. Workers in these types of employment also lack the right to access labor courts to seek redress of grievances and were extremely vulnerable to exploitation. The industry-specific nature of many labor laws and the lack of government enforcement gave employers in many sectors relative impunity with regard to working conditions, treatment of employees, work hours, and pay.

Provincial governments have primary responsibility for enforcing national labor regulations. Enforcement was ineffective due to limited resources, corruption, and inadequate regulatory structures. The number of labor inspectors employed by the provincial governments is insufficient for the approximately 64-million-person workforce. Many workers, especially in the informal sector, remained unaware of their rights. Due to limited resources for labor inspections and corruption, inspections and penalties were insufficient to deter violations of labor laws.

In September the government of Punjab Province exempted factories in the province from labor law inspections. Punjab has approximately two thirds of the country’s textile factories.

In December the Sindh Assembly passed the Sindh Women Agriculture Workers Bill, which recognized rights of women who work in farming, livestock, and fisheries. The law provides for minimum wages, sick and maternity leave, set working hours, written work contracts, the right to unionize, and access to social security and credit, among other protections.

The provincial government of Sindh Province enacted a comprehensive occupational health and safety law in 2017, but it had not been implemented by year’s end. Similar legislation is absent in other provinces. In September the Punjab government enacted the Medical Teaching Institute (Reform) Ordinance, which amended several existing pieces of healthcare legislation and instituted boards of governors composed of private sector professionals for state run teaching hospitals.

Nationwide, health and safety standards were poor in multiple sectors. The country’s failure to meet international health and safety standards raised doubts abroad as to its reliability as a source for imports. There was a serious lack of adherence to mine safety and health protocols. Many mines had only one opening for entry, egress, and ventilation. Workers could not remove themselves from dangerous working conditions without risking loss of employment. Informal sector employees, such as domestic and home-based workers, were particularly vulnerable to health and safety issues. There were no statistics on workplace fatalities and accidents during the year. Factory managers were often unable to ascertain the identity of fire or other work-related accident victims because these individuals were contract workers and generally did not appear in records.

On March 9, six workers died when a construction lift buckled, causing the work crew to fall from the 13th floor of a 23-story building under construction in Karachi. According to reports, the lift and trolley did not comply with workplace standards. Labor rights activists observed that workers often have to work in dangerous conditions and the private sector construction companies failed to provide workers with health and safety facilities. On July 14, nine coal miners died in the collapse of a coalmine triggered by an electrical fire, with only one worker rescued two days after the incident. According to news reports, 164 miners died in Balochistan’s mines in 2018.

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by a maximum of 25 years’ imprisonment, a fine of $50,000 (the country uses the U.S. dollar as its currency), or both. Domestic violence is a criminal offense. The law is enforced when police respond to calls of domestic violence; however, many persons are reluctant to call police in these situations due to societal pressure. A nongovernmental organization (NGO), “Semesemel Klengeakel Organizations” (Strengthening Family) helped families at high risk of domestic violence with counselling sessions and services, working closely with the Ministries of Justice and Health.

Sexual Harassment: Sexual harassment is illegal and punishable by a maximum of one year’s imprisonment, a $1,000 fine, or both.

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. The inheritance of property and of traditional rank, however, is matrilineal. There were no reports of unequal pay for equal work or gender-related job discrimination. The government generally enforced the law effectively.

Birth Registration: At least one parent must be a citizen of the country in order to transmit citizenship to a child. Birth registration occurs immediately, and there were no reports of failure to register. Authorities register a child born to foreign national parents as a citizen of the parents’ countries.

Early and Forced Marriage: There is no minimum age for marriage between two citizens. The minimum age for marriage between a citizen and a noncitizen is 18 for a man and 16 for a woman, and women younger than 18 must obtain parental permission. Underage marriage was not common.

Sexual Exploitation of Children: The law does not explicitly prohibit child pornography, but it does prohibit the commercial sexual exploitation of children, and the law was enforced. The age of consensual sex is 17. Sexual assault of a minor younger than age 15 is a felony and is subject to a maximum imprisonment of 25 years, a $50,000 fine, or both. Child sexual abuse is a felony with fines up to $50,000, imprisonment for up to 25 years, or both.

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.

There were reportedly fewer than 20 persons in the Jewish community. 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 and law prohibit discrimination against persons with physical or mental disabilities. The law covers persons with mental and physical disabilities, and the government enforced these acts. The law includes a provision for limited access to government buildings for persons with disabilities, and the government generally enforced this provision. Most public schools had programs to address the education needs of students with disabilities that included mainstreaming them with other students.

The law prohibits noncitizens from purchasing land, and there are no provisions for naturalization. Some foreign nationals experienced discrimination in employment (see section 7.d.), pay, housing, education, and access to social services, although the law prohibits such discrimination. Authorities did not pursue or prosecute crimes committed against noncitizens with the same vigor as crimes against citizens.

No laws addressed sexual orientation and gender identity. There were no reports of violence or discrimination based on sexual orientation or gender identity.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of all persons to assemble peacefully and to associate with others for any lawful purpose, including to join and organize labor unions and to bargain collectively; no laws regulate trade union organization. The law neither provides for nor prohibits the right to strike, and the government has not addressed this issue. There is no law concerning antiunion discrimination. The government enforced the laws, and penalties were sufficient to deter violations.

There were no active labor unions or other employee organizations. The majority of businesses were small-scale, family-run enterprises employing relatives and friends.

The law prohibits all forms of forced or compulsory labor. Penalties for forced labor offenses include imprisonment and fines, which were sufficient to deter violations. The Office of the Attorney General, the Bureau of Public Safety, and the Bureau of Labor and Human Resources (all within the Ministry of Justice) are responsible for enforcing the law. The government did not effectively enforce the law.

There were reports employers forced some foreign workers, particularly domestic helpers, unskilled construction laborers, and workers in the tourism industry, to accept jobs different from those for which they had signed contracts and to accept less pay than stipulated in the contract. There were also reports of fraudulent recruitment onto fishing boats, with fishermen subsequently facing conditions indicative of forced labor. Employers sometimes verbally threatened, or withheld passports and return tickets from, foreign workers seeking to leave unfavorable work situations.

Abuses most commonly reported included misrepresentation of contract terms and conditions of employment, withholding of pay or benefits, and substandard food and housing. There were also complaints of physical abuse. In several cases local authorities took corrective action when alerted by social service and religious organizations.

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

The minimum age of employment for citizens is 16, and the minimum age for noncitizens is 21, excluding entertainers applying for temporary identification certificates. The law prohibits all of the worst forms of child labor. The law requires the government to protect children from exploitation. The Bureau of Labor and Human Resources is responsible for enforcing child labor laws and regulations. The government effectively enforced the law, and the penalties were adequate to deter violations.

There were no reports children worked in the formal economy, but some assisted their families with fishing, agriculture, and small-scale family enterprises.

The constitution prohibits discrimination with respect to employment or occupation based on race, sex, marital status, place of origin, religion, disabilities, or political grounds. The law protects women from job discrimination and provides for equal pay for equal work. The Bureau of Aging and Gender, under the Ministry of Community and Cultural Affairs, promotes workplace gender equality. The law does not prohibit discrimination with respect to employment or occupation based on sexual orientation or gender identity, or HIV or other communicable disease status. There were no formal or documented reports of employment discrimination.

The government effectively enforced these laws. The Office of the Attorney General and the Bureau of Labor and Human Resources handle cases of workplace discrimination against foreign workers.

The minimum wage (which applies only to citizens) is above the poverty line. The minimum wage does not apply to the informal sector, including, for example, domestic service, some categories of agricultural labor, and NGO work. It also does not apply to foreign workers, employees who are students, or temporary or probationary work by students and persons younger than 21.

The Bureau of Labor and Human Resources has established some regulations about conditions of employment for foreign workers, who are entitled to one day off per week, consisting of 10 continuous hours without working between 6 a.m. and 6 p.m. The bureau may inspect the conditions of the workplace and employer-provided housing on the specific complaint of an employee, but enforcement was inconsistent, and working conditions varied. There were continuing reports of the mistreatment of foreign workers by their employers. The foreign workers most likely to be abused were those who worked under contracts as domestic helpers, farmers, waitresses, cashiers, beauticians, hostesses in karaoke bars and massage parlors, construction workers, and other semiskilled workers, the majority of whom were from the Philippines, China, Bangladesh, Japan, and the Republic of Korea.

Although the law states that employers shall adopt reasonable and adequate occupational safety and health rules, no law protects workers who file complaints about hazardous conditions. Foreign workers may self-censor complaints due to fear they could lose their job if they removed themselves from situations that endangered health or safety.

The Division of Labor had seven labor inspectors responsible for enforcing minimum wage laws, regulations regarding working conditions of foreign employees, and safety standards. The government did not effectively enforce the law. The number of inspectors was insufficient to enforce compliance. According to the law, employers are subject to a civil penalty for noncompliance with minimum wage requirements, in addition to the amount of taxes, social security contributions, and interest on unpaid wages. Penalties for violations of acceptable conditions of work rules include a range of monetary fines per violation and imprisonment, which were not sufficient to deter violations.

Investigations by an Immigration and Labor Monitoring Task Force resulted in the departure of some workers who had overstayed their visas, were working without permits, or were involved in unsolvable disagreements with their employer. The Division of Labor established an amnesty period for foreign workers lacking proper documentation to come forward and receive appropriate documentation. Approximately 50 workers took advantage of this option during the year.

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.

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.

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/.

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 .

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).

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.

Rape and Domestic Violence: Rape, including spousal rape, is a crime punishable by a sentence ranging from 15 years’ to life imprisonment. Gender-based violence, including sexual violence, gang rape, and intimate-partner violence, was a serious and widespread problem. In a 2015 World Health Organization report, approximately 70 percent of women reported they had experienced rape or sexual assault. According to Amnesty International, approximately two-thirds of women had been beaten by their partners. Due to stigma, fear of retribution, and limited trust in authorities, most women did not report rape or domestic violence to authorities. In June a man raped and beat his wife to death. He posted bail pending a court hearing.

The legal system allows village chiefs to negotiate the payment of compensation to victims in lieu of trials for rapists. Anecdotal evidence suggests that victims and their families pursue tribal remedies, including compensation, in preference to procedures in official courts. Although the law criminalizes family violence and imposes maximum penalties of two years’ imprisonment and PGK 5,000 ($1,470) in fines in an effort to end the cultural practice of compensation, it is not enforced.

Police committed sexual violence (including against women in detention, see section 1.c.), and the unresponsiveness of authorities to complaints of sexual or intimate-partner violence deterred reporting of such crimes. The law criminalizes intimate-partner violence, but it nonetheless persisted throughout the country and was generally committed with impunity. Since most communities viewed intimate-partner violence as a private matter, few survivors reported the crime or pressed charges, and prosecutions were rare.

There were 17 family and sexual violence units in police stations across the country to provide victims with protection, assistance through the judicial process, and medical care. Police leadership in some provinces led to improved services for victims of gender-based violence. Nevertheless, comprehensive services for victims of domestic and sexual violence were lacking in most of the country. This lack of services, along with societal and family pressure, often forced women back into violent and abusive homes.

Those convicted of rape received prison sentences, but authorities apprehended and prosecuted few rapists. The willingness of some communities to settle rape cases through material compensation rather than criminal prosecution also made the crime difficult to combat.

As of October, two of the five shelters for abused women in Port Moresby, which were often full and had to turn away women in need of counseling and shelter, closed due to budgetary constraints. The situation was worse outside the capital, where small community organizations or individuals with little access to funds and counseling resources maintained shelters.

Violence committed against women by other women frequently stemmed from domestic disputes. In areas where polygyny was customary, authorities charged an increasing number of women with murdering another of their husband’s wives. Independent observers indicated that approximately 90 percent of women in prison were convicted for attacking or killing their husband or another woman.

Other Harmful Traditional Practices: Customary bride price payments continued. This contributed to the perception by many communities that husbands owned their wives and could treat them as chattel. In addition to being purchased as brides, women sometimes were given as compensation to settle disputes between clans.

Sexual Harassment: Sexual harassment is not illegal and was a widespread and severe problem. Women frequently experience harassment in public locations and the workplace. In Port Moresby the government and UN Women worked together to provide women-only public buses to reduce instances of sexual harassment on public transportation.

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

Discrimination: Although the law provides extensive rights for women dealing with family, marriage, and property disputes, gender discrimination existed at all levels. Women continued to face severe inequalities in all aspects of social, cultural, economic, and political life.

Village courts tended to impose jail terms on women found guilty of adultery while penalizing men lightly or not at all. The law, however, requires district courts to endorse orders for imprisonment before the imposition of the sentence, and judges frequently annulled such village court sentences.

Birth Registration: Citizenship is derived through birth to a citizen parent. Birth registration often did not occur immediately due to the remote locations in which many births took place. Failure to register did not generally affect access to public services such as education or health care.

Education: Education is free and compulsory through grade 10. There were many complaints the government did not adequately fund education, leading to overcrowded classrooms and too few teachers. Some schools did not receive promised government education subsidies and reportedly closed as a result. Many schools charged fees despite the official free-education policy, and one-third of children completed primary school. Primary and secondary education completion rates tended to be slightly higher for boys than for girls. Recent reports confirmed that girls were at high risk of domestic and sexual violence, sexual harassment in schools, commercial exploitation, and HIV infection, which posed serious threats to their education.

Child Abuse: In July the NGO Save the Children released the results of a small-scale study showing that an estimated 2.8 million children, or 75 percent of the child population, faced physical or emotional violence, and 50 percent faced sexual violence or family violence in the home. Child protection systems, especially in rural areas, were not adequate to meet the needs of children facing abuse. The NGO Medecins Sans Frontieres reported that children made up 50 percent of sexual violence cases referred to clinics. Other studies found that only the most egregious forms of sexual and physical abuse of children were reported to police, because family violence is viewed as a domestic matter.

Early and Forced Marriage: The legal age for marriage is 18 for boys and 16 for girls. There is a younger legal marriage age (16 for boys and 14 for girls) with parental and court consent.

Customary and traditional practices allow marriage of children as young as age 12, and early marriage was common in many traditional, isolated rural communities. Child brides frequently were taken as additional wives or given as brides to pay family debts and often were used as domestic servants. Child brides were particularly vulnerable to domestic abuse.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. The maximum penalty for violators is 25 years’ imprisonment or, if the victim is younger than age 12, life imprisonment. Child pornography is illegal; penalties range from five to 15 years’ imprisonment, but enforcement remained a problem. There were cases of sex trafficking of children in urban areas, including of minors working in bars and nightclubs. There were reports of exploitation of children through the production of pornography and that both local and foreign children were subjected to sex trafficking. Although the law criminalizes child pornography, it does not specifically prohibit using, procuring, and offering a child for pornographic performances. NGOs reported increased prevalence of child 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.

There is a very small Jewish community in Port Moresby. 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 prohibits discrimination against persons with physical or mental disabilities. Nevertheless, persons with physical, sensory, intellectual, and mental disabilities faced discrimination in employment, education, access to health care, air travel and other transportation, and provision of other state services. Most buildings and public infrastructure remained inaccessible for persons with disabilities. Children with disabilities experienced an underresourced educational system and attended school in disproportionately low numbers. Those with certain types of disabilities, such as amputees, attended school with children without disabilities, while those who were blind or deaf attended segregated schools. The government endorsed sign language as a national language for all government programs, although access to interpreters was limited.

Through the National Board for the Disabled, the government granted funds to a number of NGOs that provided services to persons with disabilities. The government provided free medical consultations and treatment for persons with mental disabilities, but such services were rarely available outside major cities. Most persons with disabilities did not find training or work outside the family structure (see section 7.d.).

Consensual same-sex sexual relations and acts of “gross indecency” between males are illegal. The maximum penalty for same-sex sexual relations is 14 years’ imprisonment and for acts of gross indecency between male persons (a misdemeanor), three years’ imprisonment. There were no reports of prosecutions directed at lesbian, gay, bisexual, transgender, and intersex persons under these provisions during the year. There were reports of societal violence and discrimination against such persons, and they were vulnerable to societal stigmatization, which may have led to underreporting.

There were no reports of government discrimination against persons with HIV/AIDS; there was, however, a strong societal stigma attached to HIV/AIDS infection, which prevented some persons from seeking HIV/AIDS-related services.

Press reported vigilante killings and abuses continued to increase and became more common in urban areas. Many killings were related to alleged involvement in sorcery and witchcraft and typically targeted the most vulnerable persons: young women, widows without male sons, and the elderly. In April, six men received 25-year sentences for the killing of a man they suspected had killed a woman through sorcery. The government Sorcery National Action Plan established in 2016 lacked funding to carry out its mandate fully, and despite efforts by some provincial governments, police often lacked the capacity to stop killings of alleged sorcerers. In January 2018, 97 persons were convicted in a mass trial for eight sorcery-related murders that took place in 2014; eight persons were sentenced to death, and the remainder received life sentences.

Church leaders and policy makers observed that the number of persons reportedly tortured and killed for alleged sorcery was increasing. Many believed perpetrators used sorcery-related violence to mask violence against vulnerable members of the community, including women, or for revenge. Reliable data on the matter remained elusive with estimates ranging from 30 to 500 attacks resulting in death per year. In April 2018 eight police officers, including their provincial police commander, killed a man and assaulted several others whom they accused of practicing sorcery. All eight officers were fired from the police force, charged, and posted bail pending a court date.

Long-standing animosities among isolated tribes, a persistent cultural tradition of revenge for perceived wrongs, and the lack of law enforcement were factors underlying frequent violent tribal conflict in highland areas. During the year tribal fighting continued in highland provinces. The number of deaths and IDPs resulting from such conflicts continued to rise due to the increased availability of modern weapons (see section 2.e.). In July up to 30 persons, including pregnant women and children, were killed in an ambush and retaliatory massacre by warring clans in the mountains of Hela Province, prompting a national and international outcry against what local and foreign observers termed a slaughter outside even the eroded rules of tribal warfare. Observers said factors beyond traditional rivalries driving the massacre included resentment at broken promises of royalties from nearby gas fields, distress following the 2018 earthquake, deteriorating basic services, and the availability of mobile phones and high-powered guns trafficked across the West Papua border.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers in the public and private sectors to form and join independent unions, conduct legal strikes, and bargain collectively. The government has limited influence over trade union formation and registration. The law does not cover workers in the informal sector, which accounted for 85 percent of the labor force, most of whom were engaged in small-scale farming.

The law requires unions to register with the Department of Labor and Industrial Relations. An unregistered union has no legal standing and thus cannot operate effectively. Although the law provides for the right to strike, the government may, and often did, intervene in labor disputes, forcing arbitration before workers could legally strike or refusing to grant permission for a secret ballot vote on strike action. Some union leaders complained that the Labor Department’s refusal to allow for votes on strike action constituted undue government influence. By law the government has discretionary power to intervene in collective bargaining by canceling arbitration awards or declaring wage agreements void when deemed contrary to government policy.

The law prohibits both retaliation against strikers and antiunion discrimination by employers against union leaders, members, and organizers. The law does not provide for reinstatement of workers dismissed for union activity. In cases of retaliation or unlawful dismissal for union activity, the court may fine an employer and may order the reinstatement of the employee and reimbursement of any lost wages. If an employer fails to comply with such directives, the court may order imprisonment or fines until the employer complies.

The Labor Department is responsible for enforcing the law, but the government did not effectively enforce the law. Penalties were insufficient to deter violations. With two labor inspectors per province and inadequate resources, inspectors usually monitored and enforced the law on an ad hoc basis. The Labor Department did not always act to prevent retaliation against strikers or protect workers from antiunion discrimination, which remained widespread in the logging sector and in state-owned enterprises. Observers attributed its ineffectiveness to a lack of sufficient manpower and resources.

Unions were generally independent of both the government and political parties, whose influence diminished from previous years. Employees of some government-owned enterprises went on strike on several occasions during the year, primarily to protest against privatization policies, terminations, and appointments of managers or board members, or in pay disputes. In most cases the strikes were brief due to temporary agreements reached between the government and workers.

Workers in both the public and private sectors engaged in collective bargaining. The Labor Department and courts were involved in dispute settlement.

The constitution and law prohibit all forms of forced or compulsory labor. Penalties are sufficiently stringent to deter violations, but the government did not effectively enforce the law.

Logging and mining sites primarily operated in remote regions with negligible government oversight, and authorities did not make efforts to identify forced labor victims at these sites. The law allows officials, on order of a judge or magistrate, to apprehend a noncitizen crewmember of a foreign-registered ship who fails to rejoin the crewmember’s ship during its time in the country. The crewmember is placed at the disposal of the diplomatic representative of the country in which the ship is registered (or, if no such representation exists, the ship’s owner or representative) in order to return the crewmember to the ship. Observers noted this practice might prevent foreign workers from reporting or escaping situations of forced labor.

There were reports that foreign and local women and children were subjected to forced labor as domestic servants, as beggars or street vendors, and in the tourism sector (also see section 7.c.). Foreign and local men were subjected to forced labor, including through debt bondage, in the logging, mining, and fishing sectors. There also were reports of foreign workers, particularly from China and other Pacific nations, entering the country with fraudulent documents and being subjected to forced labor.

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

The law does not prohibit all the worst forms of child labor. By law the minimum working age is 16, although children ages 14 to 15 may be employed if the employer is satisfied that the child is no longer attending school. In addition children ages 14 to 15 may work aboard ships. The minimum age for hazardous work is 16, but the government has not identified a list of which occupations are hazardous. There are no provisions prohibiting children ages 16 to 18 from engaging in hazardous work. Children ages 11 to 16 may be employed in light work in a family business or enterprise, provided they have parental permission, medical clearance, and a work permit from a labor office. This type of employment was rare, except in subsistence agriculture. Work by children ages 11 to 16 must not interfere with school attendance, and children younger than 16 may not be employed in working conditions dangerous to their health. The law does not, however, specify the types of activities in which light work is permitted nor the number of hours per week this work may be undertaken. The Labor Department is responsible for enforcing child labor law provisions. The government did not effectively enforce the law, and penalties were insufficient to deter violations.

There was a high prevalence of child labor in urban and rural areas, including in hazardous occupations. Children were seen directing parking vehicles and selling cigarettes, food, and DVDs on the street and in grocery stores throughout the country, sometimes near mining and logging camps. There were reports of boys as young as 12 being exploited as “market taxis” in urban areas, carrying extremely heavy loads for low pay; some may have been victims of forced labor. There were also reports of children engaging in mining activities, including prospectors forcing children to work in alluvial gold mining.

Children worked mainly in subsistence agriculture, cash crop farming, and livestock herding. This included seasonal work in plantations (for coffee, tea, copra, and palm oil) in the formal and informal rural economies.

Some children (primarily girls) worked long hours as domestic servants in private homes, often to repay a family debt to the “host” family, in situations that sometimes constituted domestic servitude. In some cases the host was a relative who informally “adopted” the child. There were reports of commercial sexual exploitation of children (see section 6, Children).

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

No law prohibits discrimination regarding race, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status. The constitution bars discrimination based on disability, but the government did not take measures to protect persons with disabilities from discrimination. The law bans discrimination based on gender for employment and wages in the workplace. The government did not effectively enforce the law.

The law explicitly precludes women from employment in certain occupations, allows the government to recruit either men or women for certain civil service positions, and discriminates by gender in eligibility for certain job-related allowances.

Discrimination occurred based on the above categories with respect to employment and occupation. For example, the International Labor Organization noted there were concerns regarding discrimination against certain ethnic groups, including Asian workers and entrepreneurs.

The minimum wage was above the official estimate for the poverty income level. The law regulates minimum wage levels, allowances, rest periods, holiday leave, and overtime work. The law limits the workweek to 42 hours per week in urban areas and 44 hours per week in rural areas, and it provides for premium pay for overtime work. Labor law does not apply to workers in the informal sector.

The Labor Department is responsible for enforcing the law regarding minimum wage and work hours and occupational safety and health. It sets occupational safety and health standards and is required by law to inspect work sites on a regular basis. The government did not effectively enforce the law. Workers are entitled to wages while the inspection takes place, although the law does not specify further protection for employees who seek to remove themselves from conditions they deem hazardous. The number of occupational health and safety and industrial relations inspectors was insufficient to enforce compliance. Penalties were insufficient to deter violations. In the case of a second or subsequent, continuing offense, the employer is liable for a fine for each day or part of each day for which the offense continued. When an employer fails to obey an order, direction, or requirement, the court may order imprisonment of the offender until the directive is obeyed.

Violations of wage, overtime, and occupational safety and health law and regulations were common in the logging, mining, agricultural, and construction sectors due to the government’s lack of enforcement capacity. The logging industry in particular was known for extremely low wages and poor working conditions, including cramped and unhygienic worker housing. Workers in the mining sector were also subjected to hazardous and exploitative conditions, including exposure to toxic metals such as mercury.

According to World Bank data, 90 percent of the 2.9 million workers labored in rural areas, where law enforcement and monitoring were weak.

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.

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.

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/.

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 .

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.

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.

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.

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.

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/.

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 .

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.

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.

Rape and Domestic Violence: Rape, including spousal rape, is illegal, with penalties ranging from 12 to 40 years’ imprisonment with pardon or parole possible only after 30 years’ imprisonment. Conviction can also result in a lifetime ban from political office. Penalties for forcible sexual assault range from six to 12 years’ imprisonment. The law criminalizes physical, sexual, and psychological harm or abuse to women and children committed by spouses, partners, or parents. Penalties depend on the severity of the crime and may include imprisonment or fines.

Authorities generally took reports of rape seriously. NGOs noted that in smaller localities perpetrators of abuse sometimes used personal relationships with local authorities to avoid prosecution.

Statistics were unavailable on prosecutions, convictions, and punishments for cases filed by the PNP. Likewise, difficulty in obtaining rape convictions remained a challenge to effective enforcement. In the year to August, the PNP’s Women and Children Protection Center recorded 944 cases of rape involving female victims, of which 463 were filed in courts and 320 referred to prosecutors. The rest were either dropped, settled out of court, or dismissed. Additionally, BuCor reported 9,737 inmates in its facilities were convicted of rape, 213 of these were remanded in custody during the year to June.

NGOs reported that because of cultural and social stigmatization, many women did not report rape or domestic violence. Reports of rape and sexual abuse of women in police or protective custody continued; the Center for Women’s Resources stated that 56 police officers were involved in 33 rape cases from July 2016 to October 2018.

Domestic violence against women remained a serious and widespread problem. According to the PNP, reported acts of domestic violence against women slightly decreased slightly from 11,012 in January to July 2018 versus 10,976 for the same period during the year.

The PNP and the Social Welfare Department (DSWD) both maintained help desks to assist survivors of violence against women and to encourage reporting. In addition, the DSWD operated residential centers and community-based programs to assist women and children who were victims of rape, domestic violence, and other abuse. By the end of the second quarter, the DSWD reported it had assisted 194 women and girls who were, specifically victims of rape. With the assistance of NGOs, the CHR, and the Philippine Commission on Women, law enforcement officers continued to receive gender sensitivity training to deal with victims of sexual crimes and domestic violence. The PNP maintained a women and children’s unit in 1,802 police stations throughout the country with 2,009 help desks to deal with abuse cases. The PNP assigned 5,482 officers to the desks nationwide, almost 98 percent of them women. The law provides 10 days of paid leave for domestic violence victims.

Sexual Harassment: The law prohibits sexual harassment, and violations are punishable by imprisonment from one to six months, a fine of from 10,000 to 20,000 pesos ($187-$374), or both.

Sexual harassment remained widespread and underreported, including in the workplace due to victims’ fear of losing their jobs. A 2016 Social Weather Stations study showed that 60 percent of women in Metro Manila were harassed at least once in their lifetime.

In July, President Duterte signed the Safe Streets and Public Spaces Act to prevent and punish acts of sexual harassment in public places, online workplaces, and educational institutions. For example, in October a passenger complained of harassment by a driver for an application-based ride service. Senator Risa Hontiveros, author of the law in the Senate, urged the ride service to investigate and resolve the case using the newly signed law. Despite the president’s support for the new law, the CHR observed that on multiple occasions his rhetoric promoted violence against women. For example, speaking at commencement ceremonies at the Philippine Military Academy in May, President Duterte joked about students raping local women, asked those guilty to identify themselves, and then proclaimed a presidential pardon for their crimes.

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

Discrimination: In law but not always in practice, women have most of the rights and protections accorded to men, and the law seeks to eliminate discrimination against women. The law accords women the same property rights as men. In Muslim and indigenous communities, however, property ownership law or tradition grants men more property rights than women.

No law mandates nondiscrimination based on gender in hiring, although the law prohibits discrimination in employment based on sex. Nonetheless, women continued to face discrimination on the job as well as in hiring (see section 7.d.).

The law does not provide for divorce. Legal annulments and separation are possible, and courts generally recognized divorces obtained in other countries if one of the parties was a foreigner. These options, however, are costly, complex, and not readily available to the poor. The Office of the Solicitor General is required to oppose requests for annulment under the constitution. Informal separation is common but brings with it potential legal and financial problems. Muslims have the right to divorce under Muslim family law.

Birth Registration: Citizenship derives from birth to a citizen parent and, in certain circumstances, from birth within the country’s territory to alien parents. The government promoted birth registration, and authorities immediately registered births in health facilities. Births outside of facilities were less likely to be registered promptly, if at all. The Philippine Statistics Authority (PSA) estimated that during the year 40 percent of five million unregistered residents were children younger than age 14, primarily among Muslim and indigenous groups. The DSWD continued working closely with local governments to improve registration; the PSA, with support from local government units, operated mobile birth registration units to reach rural areas. The lack of a birth certificate does not generally result in a denial of education or other services, but it may cause delays in some circumstances, for example if a minor becomes involved in the court system.

Education: Education is free and compulsory through age 18, but the quality of education was often poor and access difficult, especially in rural areas where substandard infrastructure makes traveling to school challenging. Supplemental costs, for supplies or uniforms, can in some cases be a barrier to students from poor families. The Department of Education prioritized improving resources at and access to the most isolated schools, to include increasing the budget during the year for schools in the BARMM, the region with the lowest rate of school attendance.

Child Abuse: Child abuse remained a problem. Through the second quarter of the year, the DSWD served 1,827 children in DSWD centers and residential care facilities nationwide. Several cities ran crisis centers for abused women and children.

Early and Forced Marriage: The legal minimum age for marriage for both sexes is 18 years; anyone younger than 21 must have parental consent. Under Muslim personal law, Muslim boys may marry at 15 and girls may marry when they reach puberty.

Sexual Exploitation of Children: The law prohibits the commercial exploitation of children and child pornography and defines purchasing commercial sex acts from a child as a trafficking offense. The statutory rape law criminalizes sex with minors under 12 and sex with a child under 18 involving force, threat, or intimidation. The maximum penalty for child rape is 40 years in prison plus a lifetime ban from political office. The production, possession, and distribution of child pornography are illegal, and penalties range from one month to life in prison, plus fines of from 50,000 to five million pesos ($935 to $93,500), depending on the gravity of the offense.

While authorities endeavored to enforce the law, inadequate prosecutorial resources and capacity to analyze computer evidence were challenges to effective enforcement. The government made serious efforts to address these crimes and collaborated with foreign law enforcement, NGOs, and international organizations. In October the Department of Justice’s Inter-Agency Council Against Trafficking partnered with the International Justice Mission, the Digital Freedom Network, and others to conduct several Prosecuting Online Sexual Exploitation training seminars for prosecutors and law enforcement officers on both prosecuting cases and obtaining and presenting digital evidence. Alumni of this program successfully convicted 33 online sexual exploitation of children cases in the year to October.

Despite the penalties, law enforcement agencies and NGOs reported that criminals and family members continued to use minors in the production of pornography and in cybersex activities. The country remained the top global internet source of online child pornography.

Children continued to be victims of sex trafficking and the country remained a destination for foreign and domestic child sex tourists. Additionally, the live internet broadcast of young Filipino girls, boys, and sibling groups performing sex acts for paying foreigners continued. The government continued to prosecute accused pedophiles and deport those who were foreigners and to stop the entry of identified convicted sex offenders. To reduce retraumatization of child victims and spare children from having to testify, the government increased its use of plea agreements in online child sexual exploitation cases, which significantly reduced the case disposition time. In February, for example, a woman pled guilty to attempted trafficking in persons, child abuse, and possession of child pornography. Acting on a tip, police caught the woman offering to sell streaming video of her nine-year-old daughter performing sexual acts. The daughter and four other children were removed from the home. Using the aforementioned tools, police closed the case in three months without retraumatizing the children.

The NBI and the PNP worked closely with the labor department to target and close facilities suspected of sex trafficking of minors. From January to June, DSWD data reported 29 cases in which children were victims of sex trafficking and 13 cases of child pornography.

Displaced Children: While there were no recent, reliable data, involved agencies and organizations agreed there were hundreds of thousands of street children in the country. The problem was endemic nationwide, and encompassed local children and the children of IDPs, asylum seekers, and refugees. Many street children were involved in begging, garbage scavenging, and petty crime.

Service agencies, including the DSWD, provided residential and community-based services to thousands of street children nationwide, including in a limited number of residential facilities and the growing Comprehensive Program for Street Children, Street Families, and Indigenous Peoples. This program included activity centers, education and livelihood aid, and community service programs.

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.

An estimated 2,000 persons of Jewish heritage, almost all foreign nationals, lived in the country. There were no reports of anti-Semitic acts.

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

The constitution prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law aims to provide affordable and accessible mental health services and provide for equal access for persons with disabilities to all public buildings and establishments.

The National Council for Disability Affairs formulated policies and coordinated the activities of government agencies for the rehabilitation, self-development, and self-reliance of persons with disabilities and their integration into the mainstream of society.

The law was not effectively enforced, and many barriers remained for persons with disabilities. Advocates for persons with disabilities contended that equal access laws were ineffective due to weak implementing regulations, insufficient funding, and inadequately focused integrative government programs. The great majority of public buildings remained inaccessible to persons with physical disabilities. Many schools had architectural barriers that made attendance difficult for persons with disabilities. Government efforts to improve access to transportation for persons with disabilities were limited.

Persons with disabilities continued to face discrimination and other challenges in finding employment (see section 7.d.).

Some children with disabilities attended schools in mainstream or inclusive educational settings. The Department of Education’s 648 separate education centers did not provide nationwide coverage, and the government lacked a clear system for informing parents of children with disabilities of their educational rights and did not have a well-defined procedure for reporting discrimination in education.

From January to August, the DSWD provided services to 1,492 persons with disabilities in assisted living centers and community-based vocational centers nationwide, significantly fewer than reported in 2018. The DSWD attributed the lower figures to its community-based centers providing only partial data to date. If a person with disabilities suffered violence, access to after-care services was available through the DSWD, crisis centers, and NGOs. Of local government units, 60 percent had a Persons with Disability Office to assist in accessing services including health, rehabilitation, and education.

The constitution provides for the right of persons with physical disabilities to vote. The Commission on Elections determines the capacity of persons with mental disabilities to vote during the registration process, and citizens may appeal exclusions and inclusions in court. A federal act authorizes the commission to establish accessible voting centers exclusively for persons with disabilities and senior citizens.

Although no specific laws discriminate against indigenous people, the geographical remoteness of the areas many inhabit and cultural bias prevented their full integration into society. Indigenous children often suffered from lack of health care, education, and other basic services. Government officials indicated approximately 80 percent of the country’s government units complied with the longstanding legal requirement that indigenous peoples be represented in policy-making bodies and local legislative councils. The National Commission on Indigenous Peoples in September stated that at the barangay level in Cordillera Province only half of the local councils were in compliance with the law.

In October the Department of Education officially ordered the closure of 55 schools for Lumad children operated by the NGO Salugpongan in the Davao region for alleged deviations from the basic curriculum, teaching antigovernment ideologies, and providing instruction in the use of weapons and guerilla tactics. The allegations were formally set out in a report by the Task Force to End Local Communist Armed Conflict, set up by President Duterte in December 2018. Duterte had himself previously leveled the same charges and threatened to bomb the schools. Some Lumad leaders had also previously called for the closure of the schools for serving as recruitment centers for the NPA. Critics argued, however, that the report’s findings were based on unsubstantiated testimony from a single witness, a former student. Lumad students were reassigned to local public schools. The Save Our Schools network of civic groups said the step was unjustified and taken at the behest of the AFP, which largely sees the Lumads as allies of the NPA.

The National Commission on Indigenous Peoples, a government agency staffed by tribal members, was responsible for implementing constitutional provisions to protect indigenous peoples. It has authority to award certificates identifying “ancestral domain lands” based on communal ownership, thereby stopping tribal leaders from selling the land.

Armed groups frequently recruited from indigenous populations. Indigenous peoples’ lands were also often the site of armed encounters related to resource extraction or intertribal disputes, which sometimes resulted in displacement or killings. In an August Senate Cultural Communities Committee hearing, three indigenous persons testified about their involvement with the NPA.

National laws neither criminalize consensual same-sex sexual conduct among adults nor prohibit discrimination based on sexual orientation and gender identity. Eighteen cities, six provinces, three barangays, and one municipality have enacted a version of an antidiscrimination ordinance that protects lesbian, gay, bisexual, and transgender–but not intersex–rights.

Officials prohibit transgender individuals from obtaining passports that reflect their gender identity. Authorities print the gender at birth, as reported on the birth certificate, in the individual’s passport, which posed difficulty for transgender persons seeking to travel, including instances of transgender individuals denied boarding.

NGOs reported incidents of discrimination and abuse against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, including in employment (see section 7.d.), education, health care, housing, and social services. In August custodial staff denied a transgender woman access to the women’s restroom at a mall in Quezon City, the first municipality in the country to adopt an antidiscrimination ordinance. The transgender woman recorded the incident. After public backlash, Quezon City mayor Joy Belmonte condemned the incident and ordered a check of the mall’s compliance with the city’s ordinance requiring “all-gender” toilets in both public and private establishments.

The law prohibits discrimination against persons with HIV/AIDS, including in access to basic health and social services. Nevertheless, there was anecdotal evidence of discrimination against HIV/AIDS patients in the government’s provision of health care, housing, employment, and insurance services (see section 7.d.).

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers, with the exception of the military, police, short-term contract employees, and some foreign workers, to form and join independent unions, bargain collectively, and conduct strikes; it prohibits antiunion discrimination. The law, however, places several restrictions on these rights.

Laws and regulations provide for the right to organize and bargain collectively in both the private sector and corporations owned or controlled by the government. The law prohibits organizing by foreign national or migrant workers unless a reciprocity agreement exists with the workers’ countries of origin specifying that migrant workers from the Philippines are permitted to organize unions there. The law also bars temporary or outsourced workers and workers without employment contracts from joining a union. The law requires the participation of 20 percent of the employees in the bargaining unit where the union seeks to operate; the International Labor Organization (ILO) called this requirement excessive. The scope of collective bargaining in the public sector is limited to a list of terms and conditions of employment negotiable between management and public employees. These are items requiring appropriation of funds, including health care and retirement benefits, and those that involve the exercise of management prerogatives, including appointment, promotion, compensation structure, and disciplinary action, are nonnegotiable.

Strikes in the private sector are legal. Unions are required to provide advance strike notice (30 days for issues associated with collective bargaining and 15 days for issues regarding unfair labor practices), respect mandatory cooling-off periods, and obtain approval from a majority of members before calling a strike. The Department of Labor and Employment’s (DOLE/labor department) National Conciliation and Mediation Board reported 580 mediation-conciliation cases from January to September. Of these, 398 cases were filed under preventive mediation, 165 under notices of strike or lockout, 13 cases under actual strike or lockout, and four wildcat strikes or strikes without notice. The number of wildcat strikes increased from one to four during the year, mostly dealing with contractualization and regularization issues.

The law subjects all problems affecting labor and employment to mandatory mediation-conciliation for one month. The labor department provides mediation services through a board, which settles most unfair labor practice disputes. Through the National Conciliation and Mediation Board, the department also works to improve the functioning of labor-management councils in companies with unions.

If mediation fails, the union may issue a strike notice. Parties may bring any dispute to mediation, but strikes or lockouts must be related to acts of unfair labor practice, a gross violation of collective bargaining laws, or a collective bargaining deadlock. The law provides for a maximum prison sentence of three years for participation in an illegal strike, although there has never been such a conviction. The law also permits employers to dismiss union officers who knowingly participate in an illegal strike.

The law prohibits government workers from joining strikes under the threat of automatic dismissal. Government workers may file complaints with the Civil Service Commission, which handles administrative cases and arbitrates disputes. Government workers may also assemble and express their grievances on the work premises during nonworking hours.

The secretary of the DOLE, and in certain cases the president, may intervene in labor disputes by assuming jurisdiction and mandating a settlement if either official determines that the strike-affected company is vital to the national interest. Vital sectors include hospitals, the electric power industry, water supply services (excluding small bottle suppliers), air traffic control, and other activities or industries as recommended by the National Tripartite Industrial Peace Council (NTIPC). Labor rights advocates continued to criticize the government for maintaining definitions of vital services that were broader than international standards.

By law antiunion discrimination, especially in hiring, is an unfair labor practice and may carry criminal or civil penalties (although generally civil penalties were favored over criminal penalties).

In most cases, the government respected freedom of association and collective bargaining and enforced laws protecting these rights. The Department of Labor has general authority to enforce laws on freedom of association and collective bargaining. The National Labor Relations Commission’s (NLRC) labor arbiter may also issue orders or writs of execution for reinstatement that go into effect immediately, requiring employers to reinstate the worker and report compliance to the NLRC. Allegations of intimidation and discrimination in connection with union activities are grounds for review by the quasijudicial NLRC, as they may constitute possible unfair labor practices. If there is a definite preliminary finding that a termination may cause a serious labor dispute or mass layoff, the DOLE secretary may suspend the termination and restore the status quo pending resolution of the case.

Penalties under the law for violations of freedom of association or collective bargaining laws were generally not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The NTIPC serves as the main consultative and advisory mechanism on labor and employment for organized labor, employers, and government on the formulation and implementation of labor and employment policies. It also acts as the central entity for monitoring recommendations and ratifications of ILO conventions. The labor department, through the NTIPC, is responsible for coordinating the investigation, prosecution, and resolution of cases alleging violence and harassment of labor leaders and trade union activists pending before the ILO.

Workers faced several challenges in exercising their rights to freedom of association and collective bargaining. Some employers reportedly chose to employ workers who could not legally organize, such as short-term contract and foreign national workers, to minimize unionization and avoid other rights accorded to “regular” workers. The nongovernmental Center for Trade Union and Human Rights contended that this practice led to a decline in the number of unions and workers covered by collective bargaining agreements. In August the president vetoed a proposed law that would have converted many of these temporary workers into regular workers. Employers also often abused contractual labor provisions by rehiring employees shortly after the expiration of the previous contract. The labor department reported multiple cases of workers alleging employers refused to bargain.

Unions continued to claim that local political leaders and officials who governed the Special Economic Zones (SEZs) explicitly attempted to frustrate union organizing efforts by maintaining union-free or strike-free policies. Unions also claimed the government stationed security forces near industrial areas or SEZs to intimidate workers attempting to organize and alleged that companies in SEZs used frivolous lawsuits to harass union leaders. Local SEZ directors claimed exclusive authority to conduct their own inspections as part of the zones’ privileges intended by the legislature. Employers controlled hiring through special SEZ labor centers. For these reasons, and in part due to organizers’ restricted access to the closely guarded zones and the propensity among zone establishments to adopt fixed term, casual, temporary, or seasonal employment contracts, unions had little success organizing in the SEZs. The DOLE does not have data on compliance with labor standards in SEZs.

In June the ILO noted that numerous cases of trade union murders and other acts of violence remained for which the presumed perpetrators have yet to have been identified and the guilty parties punished, even several years after the incidents.

In February union activists said that Pulido Apparel Company claimed financial difficulties to justify dismissing most of its workforce and then reopened and refused to hire workers with union ties.

The law prohibits all forms of forced or compulsory labor. Legal penalties are sufficient to deter violations. The government did not effectively enforce the law.

Trade unions reported continued poor compliance with the law, due in part to the government’s lack of capacity to inspect labor practices in the informal economy. The government continued awareness-raising activities, especially in the provinces, in an effort to prevent forced labor. The DOLE’s efforts included an orientation program for recruits for commercial fishing vessels, who were among the workers most vulnerable to forced labor conditions.

Reports of forced labor by adults and children continued, mainly in fishing and other maritime industries, small-scale factories, gold mines, domestic service, agriculture, and other areas of the informal sector (see section 7.c.). Unscrupulous employers subjected women from rural communities and impoverished urban centers to domestic servitude, forced begging, and forced labor in small factories. They also subjected men to forced labor and debt bondage in agriculture, including on sugar cane plantations and in fishing and other maritime industries.

There were reports some persons who voluntarily surrendered to police and local government units in the violent antidrug campaign were forced to do manual labor or other activities that could amount to forced labor without charge, trial, or finding of guilt under law.

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

The law prohibits employing children younger than age 15, including for domestic service, except under the direct and sole responsibility of parents or guardians, and sets the maximum number of working hours for them at four hours per day and no more than 20 hours per week. The law also prohibits the worst forms of child labor. Children between 15 and 17 are limited to eight working hours per day, up to a maximum of 40 hours per week. The law forbids the employment of persons younger than 18 in hazardous work. The minimum age for work is lower than the compulsory education age, enticing some children to leave school before the completion of their compulsory education.

Although the government imposed fines and instituted criminal prosecutions for law violations in the formal sector, such as in manufacturing, it did not effectively enforce the law consistently. Fines for child labor law violations were not sufficient to deter violations. From January to July, the DOLE, through its Sagip Batang Manggagawa (Rescue Child Laborers) program (part of the Health, Education, Livelihood, and Prevention, Protection, and Prosecution, Monitoring and Evaluation [H.E.L.P.M.E.] Convergence Program), conducted five operations and removed nine minors from hazardous and exploitative working conditions. As of July, the department closed four establishments for violations of child labor laws.

The government, in coordination with domestic NGOs and international organizations, continued to implement programs to develop safer options for children, return them to school, and offer families viable economic alternatives to child labor. The labor department continued its efforts to reduce the worst forms of child labor and to remove children from hazardous work under the H.E.L.P.M.E. Convergence Program. Additionally, in September an executive order created the National Council Against Child Labor, mandating it to fully implement existing child protection laws.

Despite these efforts, child labor remained a widespread problem. Previous cases reported to the DOLE centered in the service and agricultural sectors, notably in the fishing, palm oil, and sugar cane industries. Most child labor occurred in the informal economy, often in family settings. Child workers in those sectors and in activities such as gold mining, manufacturing (including of fireworks), domestic service, drug trafficking, and garbage scavenging faced exposure to hazardous working environments. In 2018 the DOLE issued two administrative orders related to child labor. One order harmonized the process of removing children from child labor, referring them to the appropriate agency, and assisting them with all necessary service(s) and intervention. The other created the Task Force Against Illegal Recruitment, Recruitment of Minor Workers, and Trafficking in Persons.

NGOs and government officials continued to report cases in which family members sold children to employers for domestic labor or sexual exploitation.

Online sexual exploitation of children and child soldiering also continued to be a problem (see sections 6 and 1.g., respectively).

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 .

The law prohibits discrimination with respect to employment and occupation based on age, sex, race, creed, disability, HIV, tuberculosis, hepatitis B, or marital status. The law does not prohibit employment discrimination with respect to color, political opinion, national origin or citizenship, language, sexual orientation, gender identity, age, other communicable disease status, or social origin. While some local antidiscrimination ordinances exist at the municipal or city levels that prohibit employment discrimination against lesbian, gay, bisexual, and transgender–but not intersex–persons, there was no prohibition against such discrimination in national legislation.

The law requires most government agencies and government-owned corporations to reserve 1 percent of their positions for persons with disabilities; government agencies engaged in social development must reserve 5 percent. The law commits the government to providing “sheltered employment” to persons with disabilities, for example in workshops providing separate facilities. The labor department’s Bureau of Local Employment maintained registers of persons with disabilities that indicate their skills and abilities and promote the establishment of cooperatives and self-employment projects for such persons.

Persons with disabilities experienced discrimination in hiring and employment. The labor department estimated that only 10 percent of employable persons with disabilities were able to find work.

Between January and July, no cases were filed to enforce the law. The government did not effectively monitor laws prohibiting employment discrimination or regarding the employment of persons with disabilities. The effectiveness of penalties to prevent violations could not be assessed.

The government had limited means to assist persons with disabilities in finding employment, and the cost of filing a lawsuit and lack of effective administrative means of redress limited the recourse of such persons when prospective employers violated their rights. In 2016 an HIV-positive worker won a case against his employer for having been fired because of his HIV-positive diagnosis. The court ordered that the individual be reinstated and receive approximately 600,000 pesos ($11,200) in damages and back wages.

Discrimination in employment and occupation against LGBTI persons occurred; a number of LGBTI organizations submitted anecdotal reports of discriminatory practices that affected the employment of LGBTI persons. Discrimination cases included the enforcement of rules, policies, and regulations that disadvantaged LGBTI persons in the workplace. For example, in June a transgendered professor at the University of the Philippines disclosed that the reviewing committee denied her tenure application by citing both professional and interpersonal concerns. She believes her denial was due, in part, to her being transgender.

Women faced discrimination both in hiring and on the job. Some labor unions claimed female employees suffered punitive action when they became pregnant. Although women faced workplace discrimination, they continued to occupy positions at all levels of the workforce.

Women and men were subject to systematic age discrimination, most notably in hiring.

The government allowed refugees to work. A DOLE order affirmed refugees’ and stateless persons’ access to work permits. The Bureau of Immigration provided temporary work permits for persons with pending applications for refugee or stateless status upon endorsement by the RSPPU. The types of employment open to refugees and stateless persons were generally the same as those open to other legal aliens.

As of May, tripartite regional wage boards of the National Wage and Productivity Commission had not increased the daily minimum wage rates for agricultural and nonagricultural workers. Minimum wages were below the poverty line.

The law did not cover many workers, since wage boards exempted some newly established companies and other employers from the rules because of factors such as business size, industry sector, export intensity, financial distress, and capitalization level.

Domestic workers worked under a separate wage and benefit system, which lays out minimum wage requirements and payments into social welfare programs, and mandates one day off a week. While there were no reliable recent data, informed observers believed two million or more persons were employed as domestic workers, with nearly 85 percent being women or girls as young as 15 years old.

Penalties for noncompliance with increases or adjustments in the wage rates as prescribed by law are a fine not exceeding 25,000 pesos ($467), imprisonment of one to two years, or both. In addition to fines, the government used administrative procedures and moral persuasion to encourage employers to rectify violations voluntarily. The penalties were not sufficient to deter violations. The government did not effectively enforce minimum wage or occupational safety and health laws.

By law the standard work week is 48 hours for most categories of industrial workers and 40 hours for government workers, with an eight hour per day limit. The law mandates one day of rest each week. The government mandates an overtime rate of 125 percent of the hourly rate on ordinary days, 130 percent on special nonworking days, and 200 percent on regular holidays. There is no legal limit on the number of overtime hours that an employer may require.

The law provides for a comprehensive set of occupational safety and health standards. Regulations for small-scale mining prohibit certain harmful practices, including the use of mercury and underwater, or compressor, mining. The law provides for the right of workers to remove themselves from situations that endangered health or safety without jeopardy to their employment. Most labor laws apply to foreign workers, who must obtain work permits and may not engage in certain occupations.

The DOLE’s Bureau of Working Conditions (BWC) monitors and inspects compliance with labor law in all sectors, including workers in the formal and informal sectors, nontraditional laborers, as well as inspects SEZs and businesses located there. The number of labor law compliance officers, who monitor and enforce the law, including by inspecting compliance with core labor and occupational safety standards and minimum wages, was insufficient for the workforce of 42 million, particularly in rural areas. ILO standards for developing countries suggest a need for approximately 2,800 labor inspectors–one inspector for every 15,000 workers. The labor department prioritized increasing the number of officers while acknowledging that insufficient inspection funds continued to impede its ability to investigate labor law violations effectively, especially in the informal sector and in small- and medium-size enterprises.

The DOLE continued to implement its Labor Laws Compliance System for the private sector. The system included joint assessments, compliance visits, and occupational safety and health standards investigations. Labor department inspectors conducted joint assessments with employer and worker representatives; inspectors also conducted compliance visits and occupational safety and health standards investigations. The labor department and the ILO also continued to implement an information management system to capture and transmit data from the field in real time using mobile technology. Violations from January to July included 10,950 for general labor standards, 4,480 for violations of minimum wage rates, and 20,585 for occupational safety and health standards. Following a deficiency finding, the labor department may issue compliance orders that can include a fine or, if the deficiency poses a grave and imminent danger to workers, suspend operations. DOLE-BWC closed six establishments, rescuing 13 minors, for child labor violations as of July.

During the year various labor groups criticized the government’s enforcement efforts, in particular the DOLE’s lax monitoring of occupational safety and health standards in workplaces. Between January and July, the BWC recorded 27 work-related accidents that caused 26 deaths and 35 injuries. Statistics on work-related accidents and illnesses were incomplete, as incidents were underreported, especially in agriculture.

Violations of minimum wage standards were common. Many firms hired employees for less than minimum wage apprentice rates, even if there was no approved training in their work. Complaints about payment under the minimum wage and nonpayment of social security contributions and bonuses were particularly common at companies in the SEZs.

A DOLE order sets guidelines on the use of labor contracting and subcontracting. Some labor unions, however, criticized the order for not ending all forms of contractual work. On July 26, President Duterte vetoed the Security of Tenure Bill, which would have added limits to the use of contract workers, and requested another version of the bill from the Senate and House of Representatives to be filed. The DOLE is also filing its own version.

There were also gaps and uneven applications of the law. Media reported problems in the implementation and enforcement of the domestic worker’s law, including a tedious registration process, an additional financial burden on employers, and difficulty in monitoring employer compliance.

The government and several NGOs worked to protect the rights of the country’s overseas citizens, most of whom were Philippine Overseas Employment Agency (POEA) contract or temporary workers. Although the POEA registered and supervised domestic recruiter practices, authorities often lacked sufficient resources to provide complete worker protection overseas. The Overseas Worker Welfare Administration provides support to overseas workers in filing grievances against employers via its Legal Assistance Fund. The fund covers administrative costs that would otherwise prevent overseas workers from filing grievance complaints. Covered costs include fees for court typing and translation, visa cancellation, and contract termination.

The government continued to place financial sanctions on, and bring criminal charges against, domestic recruiting agencies found guilty of unfair labor practices. From January to July, the POEA reported the closure of four unlicensed companies.

Rape and Domestic Violence: Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.

While courts may sentence a person convicted of domestic violence to a maximum of five years in prison, most of those found guilty received suspended sentences. The law permits authorities to place restraining orders without prior approval from a court on spouses to protect against abuse.

The Women’s Rights Center reported that police were occasionally reluctant to intervene in domestic violence incidents if the perpetrator was a police officer or if victims were unwilling to cooperate.

The law requires every municipality in the country to set up an interagency team of experts to deal with domestic violence.

Centers for victims of domestic violence operated throughout the country. The centers provided social, medical, psychological, and legal assistance to victims; training for personnel who worked with victims; and “corrective education” programs for abusers.

Sexual Harassment: The law prohibits sexual harassment, and violations carry penalties of up to three years’ imprisonment. According to the Women’s Rights Center, sexual harassment continued to be a serious and underreported problem.

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

Discrimination: The constitution provides for the same legal status and rights for men and women and prohibits discrimination against women, although few laws exist to implement the provision. The constitution requires equal pay for equal work, but discrimination against women in employment existed (see section 7.d.).

Birth Registration: A child acquires citizenship at birth if at least one parent is a citizen, regardless of where the birth took place. Children born or found in the country whose parents were unknown or stateless are also citizens. The government has a system of universal birth registration immediately after birth.

Child Abuse: A government ombudsperson for children’s rights issued periodic reports on problems affecting children, such as the need for improved medical care for children with chronic diseases. The ombudsperson’s office also operated a 24-hour free hotline for abused children. The government continued its public awareness campaigns, aimed at preventing physical violence or sexual abuse against children.

Early and Forced Marriage: The legal minimum age of marriage is 18, although courts may grant permission for girls as young as 16 to marry under certain circumstances.

Sexual Exploitation of Children: The law prohibits sexual intercourse with children younger than 15. The penalty for statutory rape ranges from two to 12 years’ imprisonment.

Child pornography is illegal. The production, possession, storage, or importation of child pornography involving children younger than 15 is punishable by three months’ to 10 years’ imprisonment. During the year police conducted several operations against child pornography and alleged pedophiles.

According to the government and the Children Empowerment Foundation, a leading NGO dealing with trafficking in children, trafficking of children for sexual exploitation 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 Union of Jewish Communities estimated the Jewish population at 20,000. Anti-Semitic incidents continued to occur, often involving desecration of significant property, including Jewish cemeteries and the wall of the former Jewish ghetto in Krakow, and sometimes involving anti-Semitic comments on radio and social media. Jewish organizations expressed concern regarding their physical safety and security.

On April 19, residents of the town of Pruchnik enacted an anti-Semitic ritual that involved hanging, burning, and beating an effigy of Judas, who was dressed to look like an Orthodox Jew. On April 22, the Roman Catholic Church condemned the ritual, and the then minister of the interior and administration called the ritual “idiotic, pseudoreligious chutzpah.” On May 14, the local prosecutor’s office stated it would not open an investigation into the incident, describing it as a hundred-year-old local tradition, rather than an incitement of hatred against Jews.

On May 4, the Oswiecim Regional Court sentenced Piotr Rybak to one year of community service for incitement to hatred on nationality grounds. On January 27, Rybak led a protest of approximately 200 far-right nationalists at the Auschwitz-Birkenau Nazi concentration and extermination camp. During the demonstration, Rybak claimed the International Holocaust Remembrance Day glorified Jewish victims and disregarded the deaths of non-Jewish Poles, saying, “It’s time to fight against Jews and free Poland from them!”

On July 1, the Wodzislaw Slaski Regional Court began a trial for six persons accused of publicly promoting Nazism in 2017 by organizing a celebration of Hitler’s birthday in a forest, donning Wehrmacht uniforms and burning a swastika. The incident was secretly filmed and later broadcast by undercover television journalists. The main organizer of the event, a member of the neo-Nazi Pride and Modernity association, pleaded not guilty, claiming the event was private. On August 7, in a separate case, the Gliwice Regional Court decided to dissolve Pride and Modernity, stating that the event was tantamount to approval or even affirmation of Hitler and Nazism. The ruling was not final.

On July 21, unknown perpetrators defaced a recently renovated wall around the Jewish cemetery in the city of Tarnow with an anti-Semitic inscription. Tarnow mayor Roman Ciepiela immediately condemned the incident and declared the city would pay for the removal of the inscription.

In September media reported anti-Semitic posters were hung at Warsaw bus stops with the slogans “Beware of parasites,” “Stop the [restitution] claim mafia,” and “Stop Jewish occupation.” On September 26, the Warsaw mayor’s office referred the case to the Warsaw prosecutor’s office.

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, or mental disabilities. While the government effectively enforced these provisions, there were reports of some societal discrimination against persons with disabilities. The government restricted the right of persons with certain mental disabilities to vote or participate in civic affairs.

The law states that buildings should be accessible for persons with disabilities, but many buildings remained inaccessible. Public buildings and transportation generally were accessible, although older trains and vehicles were often less so, and many train stations were not fully accessible. On July 19, the parliament adopted an accessibility law that entered into force on September 19. The law introduced new obligations for public institutions regarding building, digital, and information access for persons with special needs.

A number of xenophobic and racist incidents occurred during the year. On February 2, police detained a 31-year-old man accused of a January 31 racist attack against two individuals in Krakow’s city center. The man argued with his victims using racist language and threatened them with a knife. He was charged with making threats and racist insults and extreme disrespect for public order.

On February 19, the Wroclaw District Court sentenced a 39-year-old man to 10 months of community service and fined him 500 zloty ($127) for spitting on a Cuban woman in Wroclaw in July 2018. Prosecutors charged him with violating bodily integrity and making racially motivated public insults.

On May 29, police charged two men with insulting two Indian citizens on February 4. The incident took place on a public bus, when the two men verbally attacked the victims and hit one of them. On June 19, police detained a third man involved in the attack.

On July 7, an unknown man physically and verbally attacked an Indian student of Gdansk Technical University who was riding on a train in the Gdansk area. The man approached the student, hit him in the face, and shouted offensive remarks at him. Police have not found the perpetrator.

On August 9, the Rzeszow local prosecutor’s office pressed charges against a 34-year-old man for attacking a 22-year-old Polish Muslim woman and her three-month-old baby in Rzeszow. The man was charged with making threats and offending the woman on the grounds of religious affiliation. On August 2, the attack took place as the woman was pushing her baby in a stroller along the river. The man verbally abused her and tried to throw the stroller with her baby into the river. He also made death threats against the woman and shouted, “heil Hitler” and “white power.”

On November 11, the annual Independence Day March in Warsaw was again organized by a coalition of groups, including the National Radical Camp (ONR) and All Polish Youth, widely deemed extremist and nationalist in their ideologies. March organizer Robert Bakiewicz said in a speech preceding the march that “Jews want to plunder our homeland,” referring to calls for broad, expedited private property restitution. While there were no reports of violence, participants chanted slogans such as “Great Catholic Poland” and “This is Poland, not Israel.” A small number of participants displayed a white supremacist version of the Celtic cross.

On November 11, Wroclaw city officials shut down a far-right supported Independence March after participants ignored multiple warnings from police to stop anti-Semitic chants and burning flares. Some participants refused to disperse and threw flares, bottles, and rocks at police, who responded by using water cannons and tear gas in an attempt to control the crowd. A spokesperson for the Wroclaw police said three police officers and two bystanders were injured, and 14 persons were detained.

On November 10, the ABW arrested two persons in Warsaw and Szczecin and accused them of planning to carry out attacks, using firearms and explosives, against Muslims living in the country. The ABW stated the suspects were planning their attacks using the 2011 Norway terrorist attacks and the 2019 New Zealand terrorist attack as models.

Societal discrimination against Roma continued to be a problem. The 2011 national census recorded 16,723 Roma, although an official government report on the Romani community estimated that 20,000 to 25,000 Roma resided in the country. Romani community representatives estimated that 30,000 to 35,000 Roma resided in the country.

Romani leaders complained of widespread discrimination in employment, housing, banking, the justice system, media, and education.

During the year the government allocated 11.1 million zloty ($2.82 million) for programs to support Roma communities, including for educational programs. The Ministry of Education helped finance school supplies for Romani children. The Ministry of Interior and Administration provided school grants for Romani high school and university students, postgraduate studies on Romani culture and history in Krakow, and Romani-related cultural and religious events.

The Ukrainian and Belarusian minorities continued to experience harassment and discrimination. On March 6, media reported that passengers in an Uber vehicle in Warsaw physically and verbally attacked their Ukrainian driver while using vulgar language to refer to his nationality after he refused their request to play music on his radio.

On July 12, unknown perpetrators threw a bottle with unidentified liquid into an apartment rented by three Ukrainian men in Warsaw. Anti-Ukrainian slogans were also placed on walls next to the apartment.

On November 25, prosecutors launched an investigation regarding the insult of a person on grounds of national origin after a woman in Bialystok uploaded a YouTube video in which she verbally attacked a Ukrainian woman on a train, claiming that she was taking up too much space.

While the constitution does not prohibit discrimination on the specific grounds of sexual orientation, it prohibits discrimination “for any reason whatsoever.” The laws on discrimination in employment cover sexual orientation and gender identity but hate crime and incitement laws do not. The government plenipotentiary for civil society and equal treatment is charged with monitoring discrimination against LGBTI individuals and groups. LGBTI advocacy groups, however, criticized the plenipotentiary office for a lack of interest and engagement in LGBTI issues. The ombudsperson also continued to work on LGBTI human rights cases.

On October 8, the ombudsman issued a statement in which he expressed concern regarding growing discrimination, hatred, and verbal and physical aggression against LGBTI persons.

Several pride marches were met with violent protests. On April 13, approximately 400 participants attended the country’s first march of the year in Gniezno, where around 500 counterdemonstrators threw bottles, eggs, and other objects at police and shouted homophobic slogans.

On July 20, there were violent protests against an equality march in the town of Bialystok where participants were attacked by counterdemonstrators who tried to block the march. The counterprotesters verbally abused the participants and threw various objects at them. Minister of Interior and Administration Elzbieta Witek criticized “hooligan behavior that infringes the rights of others” and “hinders the duties of police,” whose job it is to “ensure security regardless of the slogans or beliefs proclaimed by citizens.” On July 23, Prime Minister Morawiecki sharply condemned violence against marchers at the event.

On July 25, Przemyslaw Witkowski, a journalist working for a left-wing periodical, was beaten in Wroclaw after he openly criticized anti-LGBTI graffiti he saw on a wall near one of the city’s bridges. On July 30, police apprehended the perpetrator and charged him with causing damage to health and making threats connected to political affiliation. On November 18, the man was convicted and sentenced to one year in prison and a 5,000 zloty ($1,290) fine. The verdict was subject to appeal.

On September 28, police used water cannons and tear gas to control counterdemonstrations during Lublin’s second annual equality march. Police detained 38 persons who attempted to disrupt the march, including a married couple who brought explosive materials to the march. The man and woman were charged with illegal production and possession of explosive devices and could face up to eight years in prison, if convicted.

Politicians from multiple political parties made statements attacking LGBTI “ideology.” For example, in August PiS party chairman Jaroslaw Kaczynski said the country must defend itself from “the people in our country who want to encroach on our families, our schools, our lives…to take away our culture and freedom…to undermine what is normal.”

During the year more than 30 local governments around the country adopted anti-LGBTI declarations, nonbinding documents that mainly focused on preventing “LGBTI ideology in schools.” LGBTI NGOs pointed out that those resolutions may have a chilling effect on institutions subordinate to local governments and may increase the number of hate crimes. On December 10, the ombudsman filed five suits with provincial administrative courts against some of the local governments that had adopted anti-LGBTI declarations, arguing the declarations discriminated against LGBTI persons and violated their human rights.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and provides legal measures under which workers fired for union activity may demand reinstatement. Individuals who are self-employed or in an employment relationship based on a civil law contract are permitted to form a union.

Government workers, including police officers, border guards, prison guards, and employees of the supreme audit office, are limited to a single union. Workers in services deemed essential, such as security forces, the Supreme Chamber of Audit, police, border guards, and fire brigades, do not have the right to strike. These workers have the rights to protest and to seek resolution of their grievances through mediation and the court system.

Trade unions are registered when at least 10 eligible persons adopt a resolution to form a trade union. Newly established trade unions must appoint a founding committee consisting of three to seven persons. A new trade union must register with the National Court Registry within 30 days of the resolution. The court may remove a trade union from the registry only if a trade union adopts a resolution to dissolve; is no longer able to operate due to the bankruptcy, liquidation, or reorganization of the company in which the trade union operated; or if a trade union has fewer than 10 members for more than three months.

Legal strike ballots require the support of the majority of union voters. To allow for required mediation, a strike may not be called fewer than 14 days after workers present their demands to an employer. The law obligates employers to report workplace group disputes to district inspection office in their regions. Cumbersome procedures made it difficult for workers to meet all of the technical requirements for a legal strike. What constitutes a strike under the labor law is limited to strikes regarding wages and working conditions, social benefits, and the trade union rights and freedoms of workers. The law prohibits collective bargaining for key civil servants, appointed or elected employees of state and municipal bodies, court judges, and prosecutors.

The penalties for obstructing trade union activity range from fines to community service. The government did not effectively enforce applicable laws. Resources, inspections, and remediation efforts were not adequate, and the small fines imposed as punishment were an ineffective deterrent to employers. Administrative and judicial procedures were subject to lengthy delays and appeals. Unions alleged that the government did not consistently enforce laws prohibiting retribution against strikers. On April 10, the international company Orpea disciplinarily fired Anna Bacia, a physical therapist with 16 years of experience, who was a chairperson of the trade union representing company workers. According to All Poland’s Trade Union, the dismissal, which happened shortly after she revealed her trade union activity, was illegal because she was protected under the law on such activity and the trade union did not approve her dismissal.

Trade union representatives stated that violations of freedom of association and the right to collective bargaining occurred. While many workers exercised the right to organize and join unions, many small and medium sized firms, which employed a majority of the workforce, discriminated against those who attempted to organize. The government enforced applicable laws, but penalties were insufficient to deter violations.

Labor leaders continued to report that employers regularly discriminated against workers who attempted to organize or join unions, particularly in the private sector. Discrimination typically took the forms of intimidation, termination of work contracts without notice, and closing of the workplace. Some employers sanctioned employees who tried to organize unions.

The law prohibits all forms of forced or compulsory labor. Nevertheless, forced labor occurred.

The government effectively enforced the law. Penalties for forced labor violations were sufficiently stringent to deter violations. In 2018, the most recent year for which statistics were available, the government assisted in removing 109 victims from forced labor.

There were reports that foreign and Polish men and women were subjected to forced labor in construction, agriculture, and restaurants, and children were subjected to forced begging (see section 7.c., Child Labor).

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

The law prohibits the employment of children younger than 16, with exceptions in the cultural, artistic, sporting, and advertising fields when parents or guardians and the local labor inspector give their permission. The labor inspector issues a permit on the basis of psychological and medical examinations. Child labor is not allowed if the work may pose any threat to life, health, or physical and mental development of the child, or may conflict with the child’s education. The government effectively enforced applicable laws, but penalties were not sufficient to deter violations.

Some children younger than 18 engaged in hazardous work in agriculture, primarily on family farms. Migrant Romani children from Romania were subjected to forced begging. Commercial sexual exploitation of children also occurred (see section 6, Children).

The law prohibits discrimination with respect to employment or occupation in any way, directly or indirectly, on all grounds, in particular on the grounds of race, sex, color, religion, political opinion, national origin, ethnic origin, disability, sexual orientation, age, or trade union membership, and regardless of whether the person is hired for definite or indefinite contracts, or for full- or half-time work. The law does not specifically prohibit such discrimination based on language, HIV-positive status, gender identity, or social status. According to the Polish Society for Antidiscrimination Law, by law the accused must prove that discrimination did not take place. In the case of labor contracts that are protected by the labor code, antidiscrimination measures are adequate, and judges know how to apply them. These protections do not cover civil contracts, which fall under civil law, and according to the Society, it is difficult to prove discrimination through the civil procedure. The government enforced applicable laws, but penalties were not sufficient to deter violations.

Discrimination in employment and occupation occurred with respect to gender, age, minority status, disability, political opinion, sexual orientation and gender identity, and trade union membership. Discrimination against Romani workers also occurred (see section 6).

The national monthly minimum wage and the minimum wage for formal work agreements meet the social minimum monthly income level. There is no minimum wage for informal work agreements. The government effectively enforced wage laws, but penalties were not sufficient to deter violations; there were reports of employers withholding wages or underpaying laborers under informal work agreements, particularly Ukrainian migrant workers in the construction and agriculture industries.

The constitution provides every employee the right to statutorily specified days free from work as well as annual paid holidays.

The law defines strict and extensive minimum conditions to protect worker health and safety and empowers the National Labor Inspectorate (NLI) to supervise and monitor implementation of worker health and safety laws and to close workplaces with unsafe conditions. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. While the NLI’s powers are limited to the formal economy, one of its responsibilities is to inspect the legality of employment, which can contribute to limiting work in the informal economy and ensuring employees who are hired in the informal economy are provided with appropriate occupational health and safety conditions.

Resources were inadequate to enforce effectively minimum wage, hours of work, and occupational health and safety in the formal or informal sectors. The number of labor inspectors was not sufficient to deter violations.

According to the inspectorate’s 2018 report, the most frequent labor rights violations concerned failure to pay or delayed payment of wages, failure to pay for overtime work, and failure to sign a labor contract in situations when the job performed constituted regular labor. Most wage payment violations occurred in the services, construction, and processing industries. Seasonal workers were particularly vulnerable to such violations. The national inspectorate’s report did not cover domestic workers because inspectors could only conduct inspections in businesses, not private homes. The second most common problem was inaccurate timekeeping records for hours worked.

Employers often ignored requirements regarding overtime pay. A large percentage of construction workers and seasonal agricultural laborers from Ukraine and Belarus earned less than the minimum wage. The large size of the informal economy–particularly in the construction and transportation industries–and the low number of government labor inspectors made enforcement of the minimum wage difficult. The Main Statistical Office definition of informal economy includes unregistered employment performed without a formal contract or agreement and is not counted as a contribution to social security and from which income taxes are not deducted. According to the Central Statistical Office, in 2017 (the latest year for which data were available), 5.4 percent of workforce (880,000 persons) worked in the informal economy.

Penalties were not sufficient to deter violations.

The NLI continued a public awareness campaign to lower the number of work-related accidents in logging and timber companies and conducted a “Work Legally” public awareness campaign promoting legal employment. In addition, the NLI continued a prevention and information campaign “Construction Site. No More Accidents!” that targeted construction companies and included training on work safety standards for employees and employers. The NLI implemented its “Respect Life–Safe Work on Private Farms” campaign and visited many private farms to assess safety conditions and organized a number of competitions for individual farmers.

Employers routinely exceeded standards limiting exposure to chemicals, dust, and noise. According to the inspectorate’s 2018 report, inadequate training of employees, the poor quality of job-related risk assessment tools, and inadequate measures by employers to prevent accidents were the leading causes of workplace accidents.

Rape and Domestic Violence: The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment. The government generally enforced the law when the victim chose to press charges and if the cases were not settled out of court through mediation. The law provides for criminal penalties of up to 10 years’ imprisonment in cases of domestic violence by a spouse or by a person other than the spouse. The judicial system prosecuted persons accused of abusing women.

In October a judge who had been convicted of domestic violence by a lower court was acquitted by the Portuguese Supreme Court of Justice (STJ). The judge had been found guilty of domestic violence by the Guimaraes Court of Appeals in September 2018, and received an 18-month suspended prison sentence and was ordered to pay 7,500 euros ($8,250) in damages for psychological abuse to the victim, his former wife. According to media, the couple was married from 2006 to 2011 and the judge refused to accept the end of the relationship. The case was based on insulting text and email messages exchanged by the couple. In its ruling, the STJ argued that “the type of language was reciprocal” between the couple.

Violence against women, including domestic violence, continued to be a problem. According to preliminary data from NGOs and media reports, in the first six months of the year, there were 16 deaths related to domestic violence.

According to data from the government’s Annual Internal Security Report, in 2018 there were 22,423 reports of domestic violence, a small decrease from 2017. In 2018 police registered 421 reports of rape, an increase of 13 cases from 2017.

The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 26 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a crime punishable under the law. The State Secretariat for Citizenship and Equality reported that some immigrant communities practiced FGM/C on young girls, particularly among Bissau-Guinean immigrants. According to the Healthy Practices Project, established by the government in November 2018 to prevent and combat FGM/C, the country reported 63 cases of female genital mutilation in 2018 and 54 cases through mid-August, although none of the FGM/C procedures occurred in the country.

Sexual Harassment: Sexual harassment is a crime, with penalties ranging from one to eight years in prison. If perpetrated by a superior in the workplace, the penalty is up to two years in prison, or more in cases of “aggravated coercion.”

The Commission on Equality in the Workplace and in Employment, composed of representatives of the government, employers’ organizations, and labor unions, examines, but does not adjudicate, complaints of sexual harassment. In 2018 the NGO Association for Victim Support received reports of 23 cases of sexual harassment.

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

Discrimination: The constitution and the law provide women full legal equality with men, and the government enforced the law.

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Authorities registered all births immediately.

Child Abuse: Child abuse was a problem. The Association for Victim Support reported 941 crimes against children younger than 18 in 2018. According to the 2018 Annual Internal Security Report, Romani parents used minor children for street begging. A child-abuse database was accessible to law enforcement and child protection services. The government prohibits convicted child abusers from work or volunteer activities involving contact with children. It also carried out awareness campaigns against child abuse and sexual exploitation.

Early and Forced Marriage: The minimum age for marriage is 18 for women and men, but both sexes may marry at 16 with the consent of both parents exercising parental authority, or a guardian, or, in default of the latter, a court decision.

Sexual Exploitation of Children: Statutory rape is a crime with penalties ranging up to 10 years in prison, and authorities enforced the law. The minimum age for legal consensual sex is 16. The law prohibits child pornography. Penalties range up to eight years in prison.

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 placed the Jewish community at 3,000-4,000 persons. There were no reports of anti-Semitic acts.

After the country passed a law in 2015 granting descendants of Jews forced into exile centuries ago the right to citizenship, the government received 47,560 requests, and naturalized 9,711 applicants for citizenship as of February 27. The largest numbers were from Israel, Brazil, Turkey, Argentina, and the United States.

The institutions of the Jewish community in Lisbon or Porto vetted each application. These institutions are responsible for checking documentation of the applicants’ ancestors and making recommendations to the government.

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, and mental disabilities. The government generally enforced the law effectively. The law mandates access to public buildings, information, and communication for persons with disabilities, but no legislation covers private businesses or other facilities.

The Commission for Equality and Against Racial Discrimination (CICDR) is the dedicated body to combat racial discrimination. Its mission under law is to prevent and prohibit racial discrimination and to penalize actions that result in the violation of fundamental rights or in the refusal or constraint of the exercise of economic, social, or cultural rights by any person based on his or her race, ethnic origin, color, nationality, ancestry, or territory of origin. According to its annual report, the CICDR received 346 complaints of discrimination in 2018, an increase of nearly 50 percent from 2017. The CICDR explained that this increase might have been due to greater awareness of racial and ethnic discrimination issues and an improved understanding of the mechanisms available to victims.

The government estimated the Romani population to be between 40,000 and 50,000 persons. A large number of Roma continued to live in encampments consisting of barracks, shacks, or tents. Many settlements were in areas isolated from the rest of the population and often lacked basic infrastructure, such as access to drinking water, electricity, or waste-disposal facilities. Some localities constructed walls around Romani settlements. Media reports of police harassment, misconduct, and abuses against Roma continued.

In some localities the government provided integration and access to services for the Roma, including vaccination campaigns, monitoring of prenatal care, scholarship programs, assistance in finding employment, and a mediation program staffed by ethnic Romani mediators in the Office of the High Commission for Immigration and Intercultural Dialogue.

The constitution and the law prohibit discrimination based on sexual orientation and gender identity.

A 2018 gender identity law allows transgender adults to update their name and gender marker in the civil registry to reflect their gender identity without having to submit a medical certificate. Transgender minors ages 16 and 17 are also able to update their name and gender marker in the civil registry to reflect their gender identity, but they must present a clinical report.

On August 16, the government issued a directive that allows children to make choices that correspond with their gender identity, including choosing a bathroom, wearing a girl’s or boy’s school uniform, or using a new gender name. The directive sets out administrative procedures stemming from a law passed by parliament in 2018 that seeks to eliminate discrimination against transgender persons. The measure caused controversy among parents of school-aged children and disapproving right-of-center opposition politicians called for the Constitutional Court to intervene. An online petition against the directive surpassed 23,000 signatures in two days, newspaper opinion pages weighed the advantages and disadvantages, and social media provided a platform for parents worried that boys might enter girls’ bathrooms, but there were no further developments.

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, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

While the law provides for freedom of association and collective bargaining, several restrictions limit these rights. The rights of police officers and members of the armed forces are limited. The Judiciary Police, the Foreigners and Borders Service, and prison guards may strike; the Public Security Police and the Republican National Guard may not. If a long strike occurs in a sector deemed essential, such as justice, health, energy, or transportation, the government may order strikers back to work for a specified period. Unions considered the list of essential sectors to be overly broad. Unions reported that compulsory conciliation and arbitration as prerequisites to strikes, restrictions on the scope of strikes, and restrictions on the types of strike actions permitted could limit the effectiveness of strikes.

The law requires unions to represent at least 50 percent of workers in a sector for collective bargaining units to be extended beyond the enterprise level. Public-sector employee unions have the right to discuss and consult with their employers on conditions of work, but they do not have the right to negotiate binding contracts. There remained a lack of clarity regarding criteria for union representation in the Permanent Commission for Social Partnerships, a tripartite advisory body. The law names specific unions, rather than giving participation rights to the most representative unions.

The government was generally effective in enforcing these laws. Resources, including inspections and remediation, were adequate. Penalties for violations range from fines to imprisonment and were sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays or appeals.

Authorities generally respected freedom of association and the right to collective bargaining. Worker organizations could generally operate free from government interference. Requirements for enterprise-level bargaining by work councils sometimes prevented local union representatives from bargaining directly on behalf of workers. There were instances of employers undermining strikes using last-minute minimum-service requirements. According to labor union representatives, some workers received threats that union participation would result in negative performance reviews.

The law prohibits all forms of forced and compulsory labor. The law places responsibility for complying with legal provisions on temporary employment agencies and employers of temporary workers. It provides that the contractor and the developer, company, or farm, as well as the respective managers, administrators, or directors, and companies with which they are connected are jointly liable for violations of the legal provisions relating to the health and safety of temporary workers and are responsible for entitlements, social security contributions, and the payment of the respective fines.

Government resources dedicated to prevention of forced labor, including inspections and remediation, and enforcement of the law remained inadequate. Penalties ranging from three to 15 years’ imprisonment were sufficient to deter violations, and convictions remained low. Convicted offenders frequently avoided imprisonment, undercutting enforcement efforts and victim protections, according to NGOs and media. Government efforts to prevent and eliminate forced labor during the year included a countrywide awareness campaign and training security forces to identify, flag, and direct victims to assistance services. In 2018 courts convicted and sentenced 25 traffickers (17 sex trafficking and eight forced labor), compared with 12 in 2017 (one sex trafficking and 11 forced labor).

According to the Portuguese Observatory on Trafficking in Human Beings, foreign labor trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service, primarily in the Iberian Peninsula.

Traffickers subjected children to forced 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/.

The law prohibits the worst forms of child labor. The statutory minimum age for employment is 16. The law prohibits the employment of persons younger than 18 at night, for overtime work, or in sectors considered hazardous. The Working Conditions Authority (ACT) in the Ministry of Solidarity, Employment, and Social Security has primary responsibility for enforcement of the minimum age law, and enforced it effectively in major industries and the service sector. The government effectively enforced the applicable laws, and penalties were sufficient to deter violations.

Child labor occurred in very limited cases. Children of Romani descent were subjected to forced begging and coerced to commit property crimes (see section 6, Children).

Resources and inspections were adequate. Penalties for violations included imprisonment and were sufficient to deter violations.

Labor laws and regulations prohibit discrimination with respect to employment and occupation, and the government effectively enforced these laws.

The law requires equal pay for equal work. According to the Ministry of Solidarity, Employment, and Social Security, however, women’s average salaries were approximately 17 percent lower than those of men.

The minimum wage covers full-time workers, rural workers, and domestic employees who are at least 18 years of age.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. There is a maximum of two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government noted were designed to make working hours more flexible and increase productivity. Occupational safety and health standards set by ACT were current and appropriate. Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, hours of work, and safety standards in the formal sector, and effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where most immigrant workers were employed, according to NGOs. ACT reported that there were 131 deaths from work-related accidents in 2018, an increase of 10 percent from 2017. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Rape and Domestic Violence: The law criminalizes rape. Spousal rape is not illegal. Sexual assault and other gender-based crimes are rarely reported, mostly due to social taboos. The penalty for rape is life imprisonment, regardless of the age or gender of the victim. If the perpetrator is a nonspousal relative, teacher, guardian, or caregiver of the victim, the penalty is death. The government enforced the law against rape.

No specific law criminalizes domestic violence, whether against spouses or against any member of a household including children and domestic workers. According to the NHRC, authorities may prosecute spousal violence as “general” violence under the criminal law. According to the Protection and Social Rehabilitation Center shelter (PSRC), rape and domestic violence against women continued to be a problem. Police treated domestic violence as a private family matter rather than a criminal matter and were reluctant to investigate or prosecute reports.

According to Human Rights Watch, extramarital sex is punishable by up to seven years in prison, flogging (for unmarried persons), or the death penalty (for married persons). A woman who gives birth to a baby out of wedlock receives a 12-month jail sentence, on average, which could also include deportation, and even corporal punishment (lashings); however, press reports indicated jail sentences and flogging are rare in such cases. The PSRC reported there were 353 cases of adult women and 130 cases of minors who suffered various forms of physical or physiological violence in 2018.

Sexual Harassment: Sexual harassment is illegal and carries penalties of imprisonment or fines. In some cases sponsors sexually harassed and mistreated foreign domestic workers.

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

Discrimination: The constitution asserts equality between citizens in rights and responsibilities, but social and legal discrimination against women persisted. Sharia, as implemented in the country, discriminates against women in judicial proceedings, freedom of movement, marriage, child custody, and inheritance.

In line with local social norms, male relatives generally represented female relatives in court, although women have the legal right to attend court proceedings and represent themselves. The value of a woman’s testimony is in some cases considered one-half that of a man’s.

Under the Nationality Law, female citizens face legal discrimination, since they, unlike men, are not permitted to transmit citizenship to their noncitizen spouses or to children born from marriage to a noncitizen. Citizen women are unable to pass on citizenship to their offspring. A 2018 residency permit law allows children of citizen mothers to gain permanent status in country, even if the father is not a Qatari national. Citizens must obtain government permission to marry foreigners, which is sometimes not granted for female citizens. Male citizens may apply for residency permits and citizenship for their foreign wives, but female citizens may apply only for residency for their foreign husbands and children, not citizenship. In 2018 per official statistics, there were 232 requests by citizens to marry foreigners, of which one was rejected, 19 were still under processing, and the remainder were approved.

A non-Muslim wife does not have the automatic right to inherit from her Muslim husband. She receives an inheritance only if her husband wills her a portion of his estate, and even then, she is eligible to receive only one-third of the total estate. A female heir generally receives one-half the amount of a male heir; for example, a sister would inherit one-half as much as her brother. In cases of divorce, children generally remain with the mother until age 13 for boys and 15 for girls at which time custody reverts to the husband’s family, regardless of her religion.

To receive maternity care, a woman is required to present a marriage certificate, although in practice hospitals will generally assist in the birth of children of unwed mothers regardless. There were cases of hospitals reporting unwed mothers to authorities.

The housing law, which pertains to the government housing system, also discriminates against women married to noncitizen men and against divorced women.

A non-Muslim woman is not required to convert to Islam upon marriage to a Muslim, but many did so. The government documents children born to a Muslim father as Muslims, regardless of the religion of the mother.

Men may prevent adult female family members from leaving the country by seeking and securing a court order. There were no reports that the government prevented women older than age 18 from traveling abroad, even under court order.

There was no specialized government office devoted to women’s equality.

Birth Registration: Children derive citizenship only from the father. Citizen mothers are unable to transmit citizenship to their children. The government generally registered all births immediately.

Education: Education is free and compulsory for all citizens through age 18 or nine years of education, whichever comes first. Education is compulsory for noncitizen children, but they pay a nominal fee. Islamic instruction is compulsory for Muslims attending state-sponsored schools.

Child Abuse: There were limited cases of reported child abuse, family violence, and sexual abuse. The PSRC report mentioned 130 cases of violence against minors in 2018.

Early and Forced Marriage: By law the minimum age for marriage is 18 years for boys and 16 years for girls. The law does not permit marriage of persons below these ages except with consent from the legal guardian and with permission from a judge. Underage marriage was rare.

Sexual Exploitation of Children: No specific law sets a minimum age for consensual sex. The law prohibits sex outside of marriage. In the criminal law, the penalty for sexual relations with a person younger than 16 years is life imprisonment. If the individual is the nonspousal relative, guardian, caretaker, or servant of the victim, the penalty is death; there were no reports this sentence was ever implemented. No specific law prohibits child pornography because all pornography is prohibited, but the law specifically criminalizes the commercial sexual exploitation of children.

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

The country does not have an indigenous Jewish community and there are no official data on the number of Jewish expatriates in the country. Periodic cartoons and opinion articles in local papers carried anti-Semitic messages. In May the Arabic-language daily al-Raya published an op-ed by a Jordanian journalist denying the Holocaust and arguing that the Jews used the “alleged” Holocaust “to blackmail the West.” Also in May the state-funded al-Jazeera news channel disseminated links to a video report on its AJ+ official social media platforms about the Holocaust. The four-minute video questioned the number of Jewish Holocaust victims and accused Israel of using “Nazi justifications” to “annihilate” the Palestinians. The network revoked the links later and announced the suspension of two staff journalists for producing the video. The Ministry of Culture and Sports removed anti-Semitic material from some stands at the Doha International Book Fair after international complaints and pledged to take a more proactive approach to prohibiting anti-Semitic content.

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

The law prohibits discrimination against–and requires the allocation of resources for–persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, the judicial system, and other government services or other areas. The government is charged with acting on complaints from individuals, and the NHRC has responsibility for enforcing compliance.

Private and independent schools generally provided most of the required services for students with disabilities, but government schools did not. Few public buildings met the required standards of accessibility for persons with disabilities, and new buildings generally did not comply with standards.

The NHRC 2018 annual report reiterated calls to amend the current law concerning persons with disabilities. The report mentioned that 9,928 persons with disabilities have registered in the Family Management Database. The report criticized the lack of information or published reports on disability in the country. It highlighted certain challenges facing persons with disabilities in the country, including lack of support for postprimary level education, job opportunities, and the need to oversee the compliance by government and private entities with the Convention on the Rights of Persons with Disabilities.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced discrimination under the law and in practice. The law prohibits consensual same-sex sexual conduct between men but does not explicitly prohibit same-sex sexual relations between women. Under the law a man convicted of having sexual relations with a boy younger than age 16 is subject to a sentence of life in prison. A man convicted of having same-sex sexual relations with a man 16 years of age or older may receive a sentence of seven years in prison.

In addition to banning sex outside marriage for Muslims, the law provides penalties for any male, Muslim or not, who “instigates” or “entices” another male to commit an act of sodomy or immorality. Under the penal code , “leading, instigating or seducing a male anyhow for sodomy or dissipation” and “inducing or seducing a male or a female anyhow to commit illegal or immoral actions” is punishable by up to three years’ imprisonment.

There were no public reports of violence against LGBTI persons, who largely hid their sexual orientation, gender identity, or sex characteristics due to an underlying pattern of discrimination toward LGBTI persons. There were no government efforts to address potential discrimination nor are there antidiscrimination laws that protect LGBTI individuals on the basis of sexual orientation, gender identity or expression, or sex characteristics.

Due to social and religious conventions, there were no LGBTI organizations, pride marches, or LGBTI rights advocacy events. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. The NHRC 2018 report did not record any LGBTI-related complaints.

There was discrimination against HIV-positive patients. Authorities deported foreigners found to be HIV positive upon arrival. Mandatory medical examinations were required for residents. Since health screenings are required for nonresidents to obtain work visas, some HIV-positive persons were denied work permits prior to arrival. The government quarantined HIV-positive citizens and provided treatment for them.

a. Freedom of Association and the Right to Collective Bargaining

The law does not adequately protect the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively, which made the exercise of these rights difficult. The law provides local citizen workers in private sector enterprises that have 100 citizen workers age 18 and older a limited right to organize, strike, and bargain collectively. The law does not prohibit antiunion discrimination or provide for reinstatement of workers fired for union activity.

The law excludes government employees, noncitizens, domestic workers, drivers, nurses, cooks, gardeners, casual workers, workers employed at sea, and most workers employed in agriculture and grazing from the right to join worker committees or the national union, effectively banning these workers from organizing, bargaining collectively, or striking.

In May the Ministry of Administrative Development, Labor, and Social Affairs issued a decision regulating the formation of the “joint labor committees” within the private sector. In organizations with more than 30 workers, the law permits the establishment of “joint committees” with an equal number of worker and management representatives to deal with a limited number of workplace problems. Foreign workers may be members of joint labor-management committees. The law offers a means to file collective disputes. If disputes are not settled internally between the employees and employer, the Ministry of Administrative Development, Labor, and Social Affairs may mediate a solution. An agreement signed between the ministry and the International Labor Organization (ILO) includes provisions to create these committees with ILO supervision and assistance. Under the umbrella of this agreement and as of August, at least five joint committees have initiated operation and held elections to choose employee representatives. Following the formation of “joint committees,” the ILO provided extensive trainings to the committee members on how to manage the committees, how to establish open channels of communications with workers and management, and the mechanisms to submit complaints to the competent authorities.

The law requires approval by the Ministry of Administrative Development, Labor, and Social Affairs for worker organizations to affiliate with groups outside the country. The government did not respect freedom of association and the right to collective bargaining outside of the joint committees.

For those few workers covered by the law protecting the right to collective bargaining, the government circumscribed the right through its control over the rules and procedures of the bargaining and agreement processes. The labor code allows for only one trade union, the General Union of Workers of Qatar (General Union), which was composed of general committees for workers in various trades or industries. Trade or industry committees were composed of worker committees at the individual firm level. The General Union was not a functioning entity.

Employees could not freely practice collective bargaining, and there were no workers under collective bargaining contracts. While rare, when labor unrest occurred, mostly involving the country’s overwhelmingly foreign workforce, the government reportedly responded by dispatching large numbers of police to the work sites or labor camps involved; the government also requested the assistance of the embassies for the nationals involved. Strikes generally ended after these shows of force and the involvement of embassies to resolve disputes. In many cases the government summarily deported the workers’ leaders and organizers. International labor NGOs were able to send researchers into the country under the sponsorship of academic institutions and quasi-governmental organizations such as the NHRC.

Although the law recognizes the right to strike for some workers, restrictive conditions made the likelihood of a legal strike extremely remote. The law requires approval for a strike by three-fourths of the General Committee of the workers in the trade or the industry, and potential strikers also must exhaust a lengthy dispute resolution procedure before a lawful strike may be called. Civil servants and domestic workers do not have the right to strike; the law also prohibits strikes at public utilities and health or security service facilities, including the gas, petroleum, and transportation sectors. The Complaint Department of the Ministry of Administrative Development, Labor, and Social Affairs, in coordination with the Ministry of Interior, must preauthorize all strikes, including approval of the time and place. In August several thousand migrant workers staged a strike against delayed wage payment and blocked a highway in a remote area outside the capital Doha. The government dispersed the protests and convinced the company to pay the workers one-half of their wages within 48 hours, and the remainder of their wages within the week. There were no reports of security forces arresting or clashing with the protesters.

The law prohibits all forms of forced or compulsory labor. International media and human rights organizations alleged numerous abuses against foreign workers, including forced or compulsory labor, withheld wages, unsafe working conditions, poor living accommodations, employers who routinely confiscated worker passports, and a sponsorship system that gave employers inordinate control of workers. During the year Amnesty International reported multiple cases of slow access to justice after three medium-sized companies refused to pay wages, withheld passports, and refused to appear in court. The ILO noted the law allows for the imposition of forced labor on those who hold political views ideologically opposed to the established political and social system.

The government made efforts to prevent and eliminate forced labor, although the restrictive sponsorship system left some migrant workers vulnerable to exploitation. The law allows employees in the private sector to switch employers at the end of their contract, which can be up to five years, without the permission of their employer. Employees may also switch employers in cases of failure to pay, violation of contract, mutual agreement, filing of a legal case in court, and bankruptcy or death of employer. In 2018 the exit visa requirement for most workers covered under the labor law was rescinded. The law does not extend to domestic workers, who are required to obtain their employers’ permission to leave the country. All workers subjected to exit permit requirements are allowed to seek the removal of such restrictions through a Ministry of Interior and Ministry of Administrative Development, Labor, and Social Affairs jointly operated grievance committee.

During the year the government opened the first trafficking-in-persons shelter. The government arrested and prosecuted individuals for suspected labor law violations. The Ministry of Administrative Development, Labor, and Social Affairs, the Ministry of Interior, and the NHRC conducted training sessions and distributed to migrant laborers multilingual written explanations of their rights under local labor and sponsorship laws. To combat late and unpaid wages, the government mandated that employers pay wages electronically to all employees subject to the labor law through a system subject to audits by an inspection division at the Ministry of Administrative Development, Labor, and Social Affairs. Employers who failed to pay their workers faced penalties, but enforcement was inconsistent.

There were continuing indications of forced labor, especially in the construction and domestic-labor sectors, which disproportionately affected migrant workers. Exorbitant recruitment fees incurred abroad entrapped many workers in long-term debt, making them more vulnerable to exploitation. Some foreign workers who voluntarily entered the country to work had their passports and pay withheld and worked under conditions to which they had not agreed. Contract substitution remained a problem according to representatives of the migrant worker community; however, to help eliminate the practice, a government electronic contracting system exists in several third countries where workers are hired. Embassies of labor-sending countries reported this new system helped significantly reduce contract substitution and the number of workers who arrive in Doha without contracts.

The Residency Affairs Prosecution received 1,164 complaints for nonpayment in 2018, of which 1,155 were referred to courts and nine complaints were archived.

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

The law sets the minimum age for employment at 16 years and stipulates that minors between the ages of 16 and 18 years may work with parental or guardian permission. The law prohibits all of the worst forms of child labor. Minors may not work more than six hours a day or more than 36 hours a week. Employers must provide the Ministry of Administrative Development, Labor, and Social Affairs with the names and occupations of their minor employees and obtain permission from the Ministry of Education and Higher Education to hire a minor. The ministry may prohibit the employment of minors in jobs judged dangerous to their health, safety, or morals. The government generally enforced relevant laws effectively, and child labor rarely occurred. Penalties were sufficient to deter violations.

The constitution prohibits discrimination based on sex, race, language, and religion, but not political opinion, national origin, social origin, disability, sexual orientation, age, or HIV-positive status. Local custom, however, outweighed government enforcement of nondiscrimination laws, and legal, cultural, and institutional discrimination existed against women, noncitizens, and foreign workers. By law women are entitled to equal pay for equal work, but this did not always happen in practice, and they often lacked access to decision-making positions in management of private companies and in the public sector. The government prohibited lower-paid male workers from residing in specific “family” residential zones throughout the country. The government discriminated against noncitizens in employment, education, housing, and health services (see section 6).

The law requires reserving 2 percent of jobs in government agencies and public institutions for persons with disabilities, and most government entities appeared to conform to this law. Private-sector businesses employing a minimum of 25 persons are also required to hire persons with disabilities as 2 percent of their staff. Employers who violate these employment provisions are subject to fines of up to 20,000 QAR ($5,500). There were no reports of violations of the hiring quota requirement during the year.

The labor law provides for a 48-hour workweek with a 24-hour rest period and paid annual leave days. The law requires premium pay for overtime and prohibits excessive compulsory overtime. Employees who work more than 48 hours per week, or 36 hours per week during the month of Ramadan are entitled to an overtime pay supplement of at least 25 percent. The government sets occupational health and safety standards including restrictions on working during the hottest hours of the day during the summer and general restrictions related to temperature during the rest of the day as well. The labor law and provisions for acceptable conditions of work do not apply to workers in the public sector or agriculture, or to domestic workers.

Responsibility for laws related to acceptable conditions of work fell primarily to the Ministry of Administrative Development, Labor, and Social Affairs as well as to the Ministry of Municipality and Environment and the Ministry of Public Health. The government did not effectively enforce standards in all sectors; working conditions for citizens were generally adequate, because government agencies and the major private-sector companies employing them generally followed the relevant laws. Enforcement problems were in part due to insufficient training and lack of personnel. Penalties were not sufficient to deter violations.

The government took limited action to prevent violations and improve working conditions. In March 2018 the worker dispute settlement committees assumed their duties, chaired by first-instance judges appointed by the Supreme Judicial Council and members of the Ministry of Administrative Development, Labor, and Social Affairs. In 2018 the committees issued final verdicts in 1,339 cases, archived 1,088 cases for no-show of workers, and settled 93 cases amicably.

The Labor Inspection Department conducted monthly and random inspections of foreign worker camps. When inspectors found the camps to be below minimum standards, the operators received a warning, and authorities ordered them to remedy the violations within one month. For example, after inspectors reportedly checked companies’ payrolls and health and safety practices, they returned one month later to ensure any recommended changes were made. If a company had not remedied the violations, the Ministry of Administrative Development, Labor, and Social Affairs imposed fines, blacklisted the company, and on occasion referred the matter to the public prosecutor for action. Official statistics showed that the Ministry’s inspectors conducted 43,366 visits to work sites and 2,515 visits to labor accommodations in 2018.

Fear of penalties such as blacklisting appeared to have had some effect as a deterrent to some labor law violations. Blacklisting is an administrative hold on a company or individual that freezes government services such as processing new visa applications from the firms. Firms must pay a 3,000 QAR ($825) fine to be removed from the list–even if the dispute is resolved–and the ministry reserves the right to keep companies on the list after the fine is paid as a punitive measure.

The Ministry of Administrative Development, Labor, and Social Affairs inspectors continued to conduct inspection visits to work and labor housing sites. Officials from the ILO joined labor inspectors on several inspections and assisted in the formation of a new strategic plan for strengthening the Labor Inspections Unit. Violators faced penalties that were insufficient to deter violations. The ministry maintained an office in Doha’s industrial area, where most unskilled foreign workers resided, to receive complaints about worker safety or nonpayment of wages.

Violations of wage, overtime, and safety and health standards were relatively common, especially in sectors employing foreign workers, in which working conditions were often poor. The government did not effectively enforce these laws. Employers must pay their employees electronically to provide a digital audit trail for the Ministry of Administrative Development, Labor, and Social Affairs. Employers who failed to pay their workers faced penalties which were insufficient to deter violations. By law employees have a right to remove themselves from situations that endangered their health or safety without jeopardy to their employment, but authorities did not effectively provide protection to employees exercising this right. Employers often ignored working-hour restrictions and other laws with respect to domestic workers and unskilled laborers, the majority of whom were foreigners.

Some employers did not pay workers for overtime or annual leave. Employers housed many unskilled foreign laborers in cramped, dirty, and hazardous conditions, often without running water, electricity, or adequate food. The government continued to serve eviction notices to property owners whose buildings were not up to code. Throughout the year international media alleged some abusive working conditions existed, including work-related deaths of young foreign workers, especially in the construction sector.

Domestic workers often faced unacceptable working conditions. Many such workers frequently worked seven days a week and more than 12 hours a day with few or no holidays, no overtime pay, and limited means to redress grievances. Some employers denied domestic workers food or access to a telephone, according to news reports and foreign embassy officials.

International NGOs found that foreign workers faced legal obstacles and lengthy legal processes that prevented them from seeking redress for violations and exploitative conditions. Noncitizen community leaders also highlighted migrant workers’ continued hesitation to report their plight due to fear of reprisals.

Rape and Domestic Violence: Rape is illegal in the country; spousal rape is not specifically addressed. The law prescribes unspecified monetary fines based on the severity of the crime and between 10 and 20 years in prison for violators. Authorities enforced the law effectively, however judgments often took years to be rendered and penalties applied. According to a local women’s group, penalties actually imposed for rape ranged from as few as several months’ imprisonment to rarely more than three years. NGOs and women’s advocacy groups reported rape, especially spousal rape, was common. The law prohibits domestic violence, with maximum penalties including prison terms and hard labor. One local NGO working on women’s issues reported more than 450 cases of domestic violence in the city of Pointe Noire between January and September, with police often bringing victims to the NGO’s headquarters due to the lack of a formal shelter or other area of refuge.

Sexual Harassment: Sexual harassment is illegal. Generally, the penalty is two to five years in prison. In particularly egregious cases, the penalty may equal the 10-year prison sentence maximum for rape. The government did not effectively enforce these laws.

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

Discrimination: Both customary marriage and family laws and civil laws enacted by the government govern the rights of women, children, and extended families. Women are provided the same legal status as men under the law, and authorities generally effectively enforced those laws. Individual bias and customary beliefs, however, contributed to societal pressures to limit the rights of women. Adultery is illegal for both women and men, although the penalty differs. Under civil law, the husband could receive only a fine for adultery, while the wife could receive a prison sentence. Polygyny is legal, while polyandry is not.

Women experienced discrimination in divorce settlements, specifically regarding property and financial assets. National law considers men the head of the household, unless the father becomes incapacitated or abandons the family. The law dictates that in the absence of an agreement between spouses, men shall choose the residence of the family.

Women experienced economic discrimination with respect to employment, credit, equal pay, and owning or managing businesses.

Birth Registration: Children acquire citizenship from their parents. Birth within the territory of the country does not automatically confer citizenship, although exceptions exist for children born of missing or stateless parents or children born of foreign parents, at least one of whom was also born in the country. The government does not require registration of births; it is up to parents to request birth registration for a child. For additional information, see Appendix C.

Education: Education is compulsory, tuition free, and universal until age 16, but families are required to pay for books, uniforms, and health insurance fees. Most indigenous children could not attend school because they did not have birth certificates or could not afford the 1,200 CFA francs ($2.00) per month health insurance fee. Boys were five times more likely than girls to go to high school and four times more likely than girls in high school to go to a university.

Child Abuse: NGOs reported child abuse was prevalent but not commonly reported to authorities.

Early and Forced Marriage: The law prohibits child marriage, and the legal age for marriage is 18 for women and 21 for men. Underage marriage is possible with a judge’s permission and with the permission of both sets of parents; the law does not specify a minimum age in such a case. Many couples nevertheless engaged in an informal common-law marriage not legally recognized. For additional information, see Appendix C.

There was no government program focused on preventing early or forced marriage. The penalty for forced marriage between an adult and child is a prison sentence of three months to two years and a fine of 150,000 to 1.5 million CFA francs ($255 to $2,550).

Sexual Exploitation of Children: The law provides penalties for crimes against children such as trafficking, pornography, neglect, and abuse. Penalties for these crimes range from forced labor to fines of up to 10 million CFA francs ($17,000) and prison sentences of several years. The penalty for child pornography includes a prison sentence of up to one year and a fine up to 500,000 CFA francs ($850). The minimum age for consensual sex is 18. The maximum penalty for sex with a minor is five years’ imprisonment and a fine of 10 million CFA francs ($17,000). A lack of specificity in the law was an obstacle to successful prosecution.

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.

There is a very small Jewish community. There were no known reports of anti-Semitic acts.

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

The law specifically prohibits discrimination against persons with disabilities. The Ministry of Social Affairs and Humanitarian Action is the lead ministry responsible for protecting the rights of persons with disabilities. There are no laws, however, mandating access for persons with disabilities. The government provides separate schools for students with hearing disabilities in Brazzaville and Pointe-Noire. The government mainstreamed children with vision disabilities and children with physical disabilities in regular public schools.

The law prohibits discrimination based on ethnicity. There were reports of violence against indigenous groups.

Locally the phrase “indigenous people” refers to forest-dwelling communities that live a seminomadic lifestyle and practice a traditional socioeconomic system based on hunting and gathering of forest products. Most indigenous communities live in rural or isolated parts of the country with limited exposure to the government or its representatives. According to government statistics from 2007, indigenous people represented 1.2 percent of the country’s total population, while other international and domestic NGOs reported figures near 7 percent.

The law provides special status and recognition for indigenous populations. Additionally, the constitution stipulates the state shall provide promotion and protection of indigenous peoples’ rights. In July the government adopted six decrees on the Protection and Promotion of Indigenous Peoples. These decrees created an interministerial committee for the monitoring and evaluation of indigenous rights, protection of cultural property, the status of certain civil measures, and promotion of education, literacy, and basic social services. Beginning in October the government conducted a series of public campaigns to educate members of indigenous communities, civil society, and government agencies about the new decrees.

Nevertheless, according to UNICEF and local NGOs, geographic isolation, cultural differences, and lack of political inclusion marginalized indigenous peoples throughout the country. NGOs and UN agencies reported members of indigenous communities experienced episodic discrimination, forced labor, and violence. The UN special rapporteur on the rights of indigenous peoples, after a visit in October, reported that indigenous peoples faced significant discrimination, exclusion, and marginalization, including in their access to health services, education, employment, and political participation. According to UNICEF poverty levels remained high in indigenous communities and a lack of access to social services remained the main socioeconomic hurdle to these populations. Other indigenous communities living in more urban areas had greater access to social services but feared harassment by members of the majority Bantu nonindigenous population.

There is no law that specifically prohibits consensual same-sex sexual conduct. The law prescribes imprisonment of three months to two years and a fine for those who commit a “public outrage against decency.” The law prescribes a punishment of six months to three years’ imprisonment and a fine for anyone who “commits a shameless act or an act against nature with an individual of the same sex under the age of 21.” Authorities did not invoke the law to arrest or prosecute lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. On occasion, however, to elicit a small bribe, police officers harassed gay men and claimed the law prohibited same-sex sexual activity.

Local NGOs reported episodic violence by government authorities and private citizens against LGBTI persons. A local NGO reported one LGBTI organization was unable to secure legal recognition from authorities. Authorities refused to recognize the organization until it removed from all registration documents language indicating the organization’s focus on the LGBTI community.

There is no law specifically prohibiting discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services.

Public opinion polls conducted by the World Bank in 2012 showed significant societal discrimination against individuals with HIV/AIDS. The law provides penalties for unlawful divulgence of medical records by practitioners, negligence in treatment by healthcare professionals, family abandonment, and unwarranted termination of employment. Civil society organizations advocating for the rights of persons with HIV/AIDS were well organized and sought fair treatment, especially regarding employment.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to bargain collectively. The law prohibits antiunion discrimination and requires reinstatement of workers dismissed for union activity. The government generally did not effectively enforce applicable laws. The government did not provide adequate inspections or remediation. There are no penalties for violations.

The law allows workers to form and join unions of their choice without previous authorization or excessive requirements, with the exception of members of the security forces and other services “essential for protecting the general interest.” The law allows unions to conduct their activities without interference.

Workers have the right to strike, provided they have exhausted all lengthy and complex conciliation and nonbinding arbitration procedures and given seven business days’ notice. Participation in an unlawful strike constitutes serious misconduct and can result in criminal prosecution and forced prison labor. The law requires the continuation of a minimum service in all public services as essential to protect the general interest.

There have been employers who used hiring practices, such as subcontracting and short-term contracts, to circumvent laws prohibiting antiunion discrimination.

The constitution prohibits forced or compulsory labor unless imposed pursuant to a criminal penalty lawfully mandated by a court. The law, however, allows authorities to requisition persons to work in the public interest and permits imprisonment if they refuse. The government practiced forced prison labor, including of prisoners held for political offenses.

Forced labor, including forced child labor, occurred (see section 7.c.), including in agriculture. In previous years NGOs in Bambama, Sibiti, and Dolisie reported the majority Bantu population forced adult indigenous persons to harvest manioc and other crops with limited or no pay and under the threat of physical abuse or death. Some reports suggested some servitude might be hereditary. Beginning in October, the government conducted an awareness campaign with a focus on government officials, NGOs, and members of the indigenous communities to inform key stakeholders about amendments intended to improve the legal regime governing the rights of indigenous persons in the country.

Under the law employers may not hire children under age 16, even as apprentices, without a waiver from the minister of national education. Minimum age protections, however, do not extend to children under the age of 18 who engage in hazardous work, but who do so without an employment contract. The law criminalizes the sexual exploitation of children, as well as forced labor, trafficking, and all forms of slavery. In June the government adopted a comprehensive antitrafficking law making all forms of human trafficking illegal. The law prohibits child soldiering and forced recruitment for child soldiering but does not set a minimum age for voluntary enlistment into the military service.

The law includes specific ranges of penalties for violators of the worst forms of child labor. Penalties were sufficient to deter violations.

The Ministry of Labor and Social Security is responsible for enforcing child labor laws. The government did not provide adequate staff, and labor inspections were not conducted in some parts of the country, especially in rural areas where child labor was prevalent. Existing penalties for the worst forms of child labor may not be severe enough to serve as deterrents because they are not commensurate with penalties for other serious crimes. Child labor was a problem, particularly in the informal sector. Internal child trafficking brought children from rural areas to urban centers for forced labor in domestic work and market vending. Children also engaged in agricultural work and the catching and smoking of fish. NGOs working with indigenous communities reported children were forced to work in fields for low or no wages harvesting manioc under the threat of physical abuse or death. Children from West Africa worked in forced domestic servitude for West African families in Pointe-Noire and Brazzaville. Children also engaged in the worst forms of child labor, including in commercial sexual exploitation and forced recruitment for armed conflict.

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 .

The constitution and law prohibit discrimination based on family background, ethnicity, social condition, age, political or philosophical beliefs, gender, religion, region of origin within the country, place of residence in the country, language, HIV-positive status, or disability. The law does not specifically protect persons from discrimination based on national origin or citizenship, sexual orientation or gender identity, or having communicable diseases other than HIV.

In July the government adopted six decrees on the Protection and Promotion of Indigenous Peoples. These decrees created an interministerial committee for the monitoring and evaluation of indigenous rights, protection of cultural property, the status of certain civil measures, and promotion of education, literacy, and basic social services. The government enforced these laws. Penalties were sufficient to deter violations.

Workers in the public sector are accorded a national minimum wage, which exceeds the poverty line. The minimum wage for private sector employees exceeds the poverty line. No official minimum wage exists in the agricultural or informal sectors. The government enforced the minimum wage law, and penalties were sufficient to deter violations.

The labor law provides for a standard workweek of 40 hours and provides for overtime pay for hours worked in excess of the 40-hour limit. Labor law does not limit the maximum number of hours one can work per week, although it does call for a minimum of 24 hours without work per week. The law provides for 10 paid holidays per year and 15 weeks of maternity leave.

The Ministry of Labor sets health and safety regulations that correspond with international standards. While health and safety regulations require biannual Ministry of Labor inspections of businesses, businesses reported the visits occurred much less frequently. The Ministry of Labor employed an insufficient number of inspectors to enforce the law. Inspectors only conducted inspections in the formal sector. The size of the inspectorate was not sufficient to enforce compliance with labor law.

Workers have no specific right to remove themselves from situations that endanger their health or safety without jeopardizing their employment. NGOs reported safety violations commonly occurred in commercial fishing, logging, quarries, and at private construction sites.

Rape and Domestic Violence: Rape, including spousal rape, is illegal. The law provides for three to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault. If there are no aggravating circumstances and the attack did not lead to death, police and prosecutors may not pursue a case on their own, but they require a victim’s complaint, even if there is independent physical evidence.

The criminal code classifies family violence as a separate offense and stipulates that when murder, battery, or other serious violence is committed against a family member, the penalty is increased. The code also states that, if the parties reconcile, criminal liability is removed.

Violence against women, including spousal abuse, continued to be a serious problem that the government did not effectively address. The law provides for the issuance of provisional restraining orders by police for a maximum of five days and restraining orders by a court for a maximum of six months upon the victim’s request or at the request of a prosecutor, the state representative in charge of protecting victims of family violence, or, if the victim agrees, a social service provider. Violation of a restraining order is punishable by imprisonment for one month to one year. The court may also order an abuser to undergo psychological counselling. The FILIA Center for Gender Studies and Curriculum Development–an NGO that aims to promote gender equality–stated that police lacked procedures for the implementation and monitoring of restraining orders.

Police condoned violence against women and girls. In April the head of the Bacau County Police Inspectorate stated during a radio show that, if a husband hits his wife intentionally or unintentionally during the night and then he calms down, the victim should not call police on the emergency hotline. Several human rights activists reported that some police officers try to dissuade victims of rape from pressing charges against their aggressors and, in some cases, refuse to register criminal complaints submitted by victims. In August media outlets reported the case of a woman who went to a police precinct in Bucharest to press charges immediately after she was raped. According to the victim’s testimony, police officers repeatedly asked her whether she was certain that she wanted to press charges, whether she sought revenge, and whether she was aware that she would destroy the alleged aggressor’s life by pressing charges.

Courts prosecuted very few cases of domestic abuse. Many cases were resolved before or during trial when the alleged victims dropped their charges or reconciled with the alleged abuser.

Sexual Harassment: Criminal law prohibits sexual harassment, which it defines as repeatedly asking for sexual favors in a work or similar relationship. A victim’s complaint is necessary to initiate a criminal investigation. Penalties range from fines to imprisonment of three months to one year. The law on equal opportunities for men and women defines sexual harassment as the occurrence of unwanted behavior with a sexual connotation, which can be expressed physically, verbally, or nonverbally and has the effect or result of damaging a person’s dignity and, in particular, the creation of a hostile, intimidating, degrading, humiliating, or offensive environment. Civil fines range from 3,000 to 10,000 lei ($750 to $2,500).

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

Discrimination: Under the law women and men enjoy equal rights. Women experienced discrimination in marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and housing. The law requires equal pay for equal work, but there was a 3.5-percent gender pay gap according to EU data. Segregation by profession existed, with women overrepresented in lower-paying jobs. There were reports of discrimination in employment.

Birth Registration: Children derive citizenship by birth from at least one citizen parent. Although birth registration is mandatory by law, it was not universal, and authorities denied some children public services as a result. Most unregistered children had access to schools, and authorities assisted in obtaining birth documents for unregistered children, but the education of unregistered children depended on the decision of school authorities. The law provides simplified birth registration for children whose mothers do not have proper documentation to register their children.

Child Abuse: Child abuse, including emotional, physical, and psychological violence and neglect, continued to be serious problems. Media outlets reported several severe cases of abuse or neglect in family homes, foster care, and child welfare institutions. The government has not established a mechanism to identify and treat abused and neglected children and their families.

Early and Forced Marriage: The legal age of marriage is 18 for both men and women, but the law permits minors as young as 16 to marry under certain circumstances. Illegal child marriage was reportedly common in certain social groups, particularly among some Romani communities. Media outlets and NGOs reported cases of Romani girls as young as 11 being sold into marriage by their families. Child protection authorities and police did not always intervene in such cases. There were no public policies to discourage child marriage.

Sexual Exploitation of Children: The law provides one- to 10-year prison sentences for persons convicted of sexual acts with minors, depending on the circumstances and the child’s age. Sexual intercourse with a minor who is 13 to 15 years of age is punishable by a one- to five-year prison sentence. Sexual intercourse with a person younger than 13 is punishable by a two- to seven-year prison sentence and deprivation of some rights. The law also criminalizes sexual corruption of minors (which includes subjecting minors to sexual acts other than intercourse or forcing minors to perform such acts), luring minors for sexual purposes or child prostitution, and trafficking in minors. Pimping and pandering that involve minors increase sentences by one-half. The law allows authorities to maintain a registry of individuals who had committed sexual offenses against or exploited adults and children. As of September the register was not operational.

Child pornography is a separate offense and carries a sentence, depending on the circumstances, of up to seven years’ imprisonment, which may be increased by one-third if the perpetrator was a family member or someone in whose care the child was entrusted or if the life of the child victim was endangered.

Institutionalized Children: During the year there were several media reports of abuses in placement centers for institutionalized children, including sexual abuse, physical violence by colleagues or staff, and trafficking in persons. Numerous reports noted a lack of adequate food, clothing, medical treatment, and counselling services. In 2016 prosecutors indicted members of an organized crime network who were recruiting girls from orphanages in Iasi for sexual exploitation. In 2017 the Iasi Tribunal convicted the defendants and sentenced them to prison terms ranging from three to seven years for trafficking in minors. The defendants appealed the ruling, but a court of appeal confirmed the conviction in September.

According to media reports and NGOs, in 2018 psychiatrists administered psychotropic drugs to thousands of children in residential institutions or in foster care in order to control their behavior. According to official estimates, one-third of the institutionalized children, including those with disruptive behavior, attention-deficit, or hyperactivity disorder, were under psychotropic medication, but observers believed the number to be much higher.

By law unaccompanied migrant children are housed in placement centers, where they have access to education and benefits other children receive. The detention of families with children is allowed by law, with preservation of family unity used as justification. Several such cases were recorded during the year.

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 2011 census, the Jewish population numbered 3,271. Representatives of the Jewish community stated that according to their estimates, the Jewish population numbered approximately 7,000. Acts of anti-Semitism occurred during the year.

The law prohibits public denial of the Holocaust and fascist, racist, anti-Semitic, and xenophobic language and symbols, including organizations and symbols associated with the indigenous Legionnaire interwar fascist movement. The oppression of Roma as well as Jews is included in the definition of the Holocaust.

Streets, organizations, schools, or libraries continued to be named after persons convicted for war crimes or crimes against humanity, according to the Elie Wiesel Institute for the Study of the Holocaust in Romania. For example, Radu Gyr was a commander and anti-Semitic ideologist of the fascist Legionnaire movement convicted of war crimes. The Wiesel Institute requested the renaming of Radu Gyr street in Cluj-Napoca. As of September the local government had not changed the name of the street.

Material promoting anti-Semitic views and glorifying legionnaires also appeared in media outlets, including on the internet, and several government officials made trivializing comments about the Holocaust. During an August 2 ceremony commemorating the killing of Roma during the Holocaust, former minister of culture Valer-Daniel Breaz described the Holocaust as one of the “delicate moments, not to call them difficult or unpleasant, during which some minorities suffered.” The leaders of the Jewish community, academics, Romani and human rights activists, as well as several politicians criticized Breaz for his statements. Jewish community president Aurel Vainer stated that he disapproved of Minister Breaz’s statements and that the killings committed during the Holocaust should not be ignored or minimized. Jewish Member of Parliament Silviu Vexler stated the language used by Breaz was unacceptable and that Holocaust trivialization is dangerous.

Messages promoting Holocaust denial and relativism appeared on the internet. In April, Andrei Caramitru, a prominent member of the Save Romania Union Party, posted on his Facebook page a message that claimed the Social Democratic Party was responsible for mass emigration and deaths following car accidents and corruption in the health sector. According to Caramitru, these represent a Holocaust against Romania that was worse than what happened to the country during the Second World War. Caramitru later apologized for his Facebook post.

In April media outlets reported a case of vandalism at a Jewish cemetery in Husi, where unknown individuals destroyed dozens of headstones. Law enforcement officials identified three suspects, and as of September the investigation was pending.

In August 2018 anti-Semitic and other offensive messages were painted during the night on the childhood home of Auschwitz survivor and Nobel laureate Elie Wiesel in Sighetu Marmatiei. The local office of the national police started an investigation of the incident and identified one suspect. In April the case was closed because a psychiatric expert found the suspect was unable to take responsibility for his actions.

The high school course History of the Jews—The Holocaust was optional. During the 2017-18 school year, 2,256 pupils took the course.

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 government did not fully implement the law, and discrimination against persons with disabilities remained a problem.

The law mandates that buildings and public transportation be accessible for persons with disabilities. The country continued to have an insufficient number of facilities specifically designed to accommodate persons with disabilities who could have extreme difficulty navigating city streets or gaining access to public buildings. Persons with disabilities reported a lack of access ramps, adapted public transportation, and adapted toilets in major buildings.

Discrimination against children with disabilities in education was a widespread problem due to lack of adequate teacher training on inclusion of children with disabilities and lack of investment to make schools accessible. Most children with disabilities were either placed in special schools or not placed in school at all. According to the NGO the European Center for the Rights of Children with Disabilities (ECRCD), abuses against children in special schools, including violence by staff, occurred frequently. Several reports by the ECRCD indicated that children with disabilities placed in regular schools faced abuse and discrimination from classmates and staff.

The CLR identified a series of problems in centers for persons with disabilities or psychiatric sections, including verbal and physical abuse of children and adults, sedation, excessive use of physical restraints, lack of hygiene, inadequate living conditions, and lack of adequate medical care. In September the CLR announced that at the Center for the Recovery of Persons with Disabilities in Sighetu Marmatiei, eight persons with disabilities were kept in cages while three other persons were tied to their beds. The CLR also indicated the lack of specialized personnel and inadequate hygiene at the center. Following media reports about the situation and an inspection by the county agency for social inspection and payments, the patients were transferred to other centers. According to the CLR, between 2017 and September 2018, some 1,447 institutionalized persons with disabilities, including 40 children and 609 persons younger than age 70, died while in the care of residential centers and psychiatric sections and hospitals. In August a patient interned at the Sapoca Psychiatric Hospital in Buzau County attacked several persons with an infusion stand, killing six and wounding seven.

The National Authority for the Protection of Persons with Disabilities, under the labor ministry, coordinated services for persons with disabilities and drafted policies, strategies, and standards in the field of disabilities rights.

Discrimination against Roma continued to be a major problem. Romani groups complained that police harassment and brutality, including beatings, were routine. Both domestic and international media and observers reported societal discrimination against Roma. NGOs reported Roma were denied access to, or refused service in, many public places. Roma also experienced poor access to government services, a shortage of employment opportunities, high rates of school attrition, and inadequate health care. A lack of identity documents excluded many Roma from participating in elections, receiving social benefits, accessing health insurance, securing property documents, and participating in the labor market. According to the Ministry of Interior, 102,854 persons older than age 14 did not have identity documents. Romani rights activists reported that most of these persons were Roma who cannot acquire legal identity documents because they resided in informal settlements and housing. Roma had a higher unemployment rate and a lower life expectancy than non-Roma. Negative stereotypes and discriminatory language regarding Roma were widespread.

Despite an order by the Ministry of Education forbidding segregation of Romani students, several NGOs continued to report that segregation along ethnic lines persisted in schools. In November representatives of the “Pro Europe Roma Party” NGO and human rights activists stated that in a public school in the city of Iasi, Romani children went on break at different hours of the day than ethnic Romanians in order to avoid interaction between the two groups. Activists also stated that at another public school in Iasi, Romani students were placed in segregated classrooms located in a separate building.

Researchers and activists reported a significant number of the remaining Romani Holocaust survivors who applied for a pension were denied because of unreasonable administrative barriers raised by the pension offices, problematic standards, lack of knowledge about the Holocaust and Roma, and burdensome requirements. According to researchers, despite historical evidence, in hundreds of cases authorities considered that Roma were resettled and not deported, and consequently granted them smaller pensions.

In April the driver of a minibus operated by a transportation company in the city of Zalau denied a Romani woman and her two children access to the vehicle and hit her repeatedly with a wooden stick. After she called the 112 emergency line to report the incident, the operator insulted the victim and used racial slurs against her. According to Romani CRISS, the attack was racially motivated. As of September the case was pending investigation before the prosecutor’s office in Zalau. As of September the Special Telecommunications Service, the body that operates the emergency line, was investigating the behavior of the operator.

Ethnic Hungarians continued to report discrimination related mainly to the use of the Hungarian language. There were continued reports that local authorities did not enforce the law, which states that in localities where a minority constitutes at least 20 percent of the population, road signs must be bilingual. According to the Miko Imre Legal Service, during Romania’s qualifying matches for the 2020 European Football Championship in June that took place in Norway and Malta, Romanian fans continuously shouted anti-Hungarian slogans, including, “Out with the Hungarians from the country!”

Several politicians and government officials made derogatory remarks about ethnic Germans and equated German ethnicity with Nazism and the Holocaust. On August 5, Dana Varga, an advisor to former prime minister Viorica Dancila, posted on her Facebook page pictures comparing President Klaus Iohannis, an ethnic German, to Adolf Hitler. The leadership of the Jewish community, the Elie Wiesel Institute, Romani rights activists, and several members of the opposition condemned Varga’s actions.

The law prohibits discrimination based on sexual orientation. NGOs reported that societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons was common, and there were some reports of violence against them. On some occasions police condoned violence against LGBTI persons. The NGO ACCEPT reported that during the year a person living near their headquarters continuously verbally harassed LGBTI persons who visited the NGO and its employees, and destroyed the property of a transgender woman. In June, ACCEPT submitted a criminal complaint, but as of September, police had not taken any measures.

Discrimination in employment occurred against LGBTI persons. On June 22, a pride march with approximately 10,000 participants took place without incident in Bucharest. Before the event approximately 100 persons took part in a counter protest.

The law governing legal gender recognition for transgender persons was vague and incomplete. In some cases authorities refused legal gender recognition unless an individual had first undergone sex reassignment surgery. Access to adequate psychological services was also limited because some psychologists refused to accept transgender patients.

Although the law provides that HIV-infected persons have the right to confidentiality and adequate treatment, authorities rarely enforced it. Authorities did not adopt regulations that were necessary to provide confidentiality and fair treatment, and discrimination against persons with HIV/AIDS impeded access to routine medical and dental care.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent labor unions, bargain collectively, and conduct legal strikes. Unions can affiliate with regional, national, or EU union federations, but they may affiliate with only one national organization. The law prohibits antiunion discrimination and allows workers fired for union activity to challenge in court for reinstatement. The law provides for protection of freedom of association and collective bargaining, but unions complained there was little enforcement to protect against violations of these rights.

Civil servants generally have the right to establish and join unions. Employees of the Ministry of National Defense, certain categories of civilian employees of the Ministries of Interior and Justice, judges, prosecutors, intelligence personnel, and senior public servants, including the president, parliamentarians, mayors, prime minister, ministers, employees involved in security-related activities, and president of the Supreme Court, however, do not have the right to unionize. Unions complained about the requirement that they submit lists of union members with their registration application. Since employers also had access to the list, union officials feared this could lead to reprisals against individual unionized employees, particularly dismissals, hindering the formation of new unions.

The law requires employers with more than 21 employees to negotiate a collective labor agreement but provides no basis for national collective labor agreements. Employers refusing to initiate negotiation of a collective bargaining agreement can receive fines. The law permits, but does not impose, collective labor agreements for groups of employers or sectors of activity. The law requires employers to consult with unions on such topics as imposing leave without pay or reducing the workweek due to economic reasons.

Unions may strike only if they give employers 48 hours’ notice, and employers can challenge the right in court, effectively suspending a strike for months. Military personnel and certain categories of staff within the Ministry of Internal Affairs, such as medical personnel, are not permitted to strike. Although not compulsory, unions and employers can seek arbitration and mediation from the Labor Ministry’s Office for Mediation and Arbitration. In one case unions criticized the ministry for failing to intervene effectively during a six-week strike at a household appliances production plant in Satu Mare in northwestern Romania. Workers were demanding a two-lei ($0.50) per hour increase in wages; unions claimed that the employer made little effort to engage constructively with employees.

Companies may claim damages from strike organizers if a court deems a strike illegal. The law permits strikes only in defense of workers’ economic, social, and professional interests and not for the modification or change of a law. As a result, workers may not challenge any condition of work established by law, such as salaries for public servants, limiting the effectiveness of unions in the public sector.

Unions complained that the legal requirement for representativeness, which states that the right to collective bargaining and to strike can be asserted only by a union that represents 50 percent plus one of the workers in an enterprise, is overly burdensome and limits the rights of workers to participate in collective bargaining and to strike. In the absence of this clear majority, an employer can appoint a worker representative of its choosing to negotiate the agreement. Some companies created separate legal entities to which they transferred employees, thereby preventing them from reaching the threshold for representation.

Unions complained that the government’s general prohibition on union engagement in political activities was intended to prohibit unions from entering unofficial agreements to support political parties. The law provides for this control due to past abuses by union officials. Authorities could exercise excessive control over union finances, although the government asserted that national fiscal laws apply to all organizations. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations identified fiscal laws as an area of concern.

Official reports of incidents of antiunion discrimination remained minimal, as it was difficult to prove legally that employers laid off employees in retaliation for union activities. The CNCD fines employers for antiunion discrimination, although it lacks the power to order reinstatement or other penalties. In 2018 the CNCD issued fines in 19 cases involving access to employment and profession, which includes antiunion discrimination and collective bargaining agreement infringement. The law prohibits public authorities, employers, or organizations from interfering, limiting, or preventing unions from organizing, developing internal regulations, and selecting representatives. Penalties were insufficient to deter violations, and employees must usually seek a court order to obtain reinstatement.

The government and employers generally respected the right of association and collective bargaining.

The law prohibits all forms of forced or compulsory labor. Nevertheless, there were reports such practices continued to occur, often involving Roma, persons with disabilities, and children. The government did not effectively enforce the law and took limited measures to prevent forced or compulsory labor. The law criminalizes forced labor, but penalties have been insufficient to deter violations.

According to the Ministry of Internal Affairs, 100 of the 497 victims of trafficking officially identified in 2018 were exploited specifically for labor purposes. Of these, 42 were trafficked for agricultural work and 26 victims were forced into begging.

Men, women, and children were subjected to labor trafficking in agriculture, construction, domestic service, hotels, and manufacturing. Organized rings, often involving family members, forced persons, including significant numbers of Romani women and children, to engage in begging and petty theft (see section 7.c.).

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

The law prohibits the worst forms of child labor. The minimum age for most forms of employment is 16. Children may work with the consent of parents or guardians at age 15 if the activities do not endanger their health, morality, or safety. The law prohibits persons younger than 18 from working in hazardous conditions, includes a list of dangerous jobs, and specifies penalties for offenders. Some examples of hazardous jobs for children include those posing a high risk of accident or damage to health, exposure to psychological or sexual risk, night shifts, exposure to harmful temperatures, and those requiring use of hazardous equipment. Parents whose children carry out hazardous activities are required to attend parental education programs or counseling and may be fined if they fail to do so.

Minors who work have the right to continue their education, and the law obliges employers to assist in this regard. Minors between the ages of 15 and 18 may work a maximum of six hours per day and no more than 30 hours per week, provided their school attendance is not affected. Businesses that impose tasks incommensurate with minors’ physical abilities or fail to respect restrictions on minors’ working hours can face fines. Many minors reportedly did not attend school while working. Minors have the right to an additional three days of annual leave.

The law requires schools to notify social services immediately if children miss class to work, but schools often did not comply. Social welfare services have the responsibility to reintegrate such children into the educational system.

The Ministry of Labor and Social Protection may impose fines and close businesses where it finds exploitation of child labor. The National Authority for the Protection of the Rights of the Child and Adoption (ANPFDC) in the Labor Ministry has responsibility for investigating reports of child labor abuse, but enforcement of child labor laws tended to be lax, especially in rural areas with many agricultural households and where social welfare services lacked personnel and capacity to address child labor violations. The ANPFDC is responsible for monitoring and coordinating all programs for the prevention and elimination of child labor.

The government did not effectively enforce laws, and penalties were not sufficient to deter violations. Government efforts focused on reacting to reported cases, and the ANPFDC dedicated limited resources to prevention programs. According to the ANPFDC, 260 children were subject to child labor in 2018. The incidence of child labor was widely believed to be much higher than official statistics reflected. Child labor, including begging, selling trinkets on the street, and washing windshields, remained widespread in Romani communities, especially in urban areas. Children as young as five engaged in such activities, and cases were usually documented only when police became involved. Children whose parents work abroad remain vulnerable to neglect and abuse. In 2018 a total of 92,027 children had at least one parent working abroad. In nearly a fifth of these cases, both parents were abroad. Of the 260 documented cases of child labor in 2018, authorities prosecuted only one alleged perpetrator, while an additional 135 cases remained under investigation at the end of 2018.

Labor laws and regulations prohibit discrimination with respect to employment and occupation because of race, sex, gender, age, religion, disability, language, sexual orientation or gender identity, HIV-positive or other communicable disease status, social status, or refugee or stateless status. The government did not enforce these laws effectively, reacting to claims of discrimination rather than adequately engaging in programs to prevent discrimination. Although the CNCD and the Labor Inspectorate investigated reported cases of discrimination, penalties were insufficient to deter violations.

Discrimination in employment or occupation occurred with respect to gender, disability, and HIV status. Discrimination against Roma and migrant workers also occurred. With respect to employment discrimination, the CNCD processed 365 cases in 2018 and 278 in the first half of the year. The CNCD addressed cases in both the public and private sectors.

According to Eurostat, the pay gap between men and women in the country was 3.5 percent in 2017. While the law provides female employees re-entering the workforce after maternity leave the right to return to their previous or a similar job, pregnant women and other women of childbearing age could still suffer unacknowledged discrimination in the labor market.

Although systematic discrimination against persons with disabilities did not exist, the public had a bias against persons with disabilities. NGOs worked actively to change attitudes and assist persons with disabilities to gain skills and employment, but the government lacked adequate programs to prevent discrimination. The law requires companies or institutions with more than 50 employees to employ workers with disabilities for at least 4 percent of their workforce or pay a fine for lack of compliance. Before the ordinance was adopted, the law allowed companies not in compliance with the quota to fulfill their legal obligation by buying products from NGOs or firms, known as “sheltered units,” where large numbers of persons with disabilities were employed. NGOs reported that sheltered units lost an important source of income as a result. Local labor offices had limited success in facilitating employment for persons with disabilities, finding employment for 402 individuals in 2018 and 85 during the first quarter of the year.

NGOs reported that patients suffering from cancer and tuberculosis faced unacknowledged discrimination in the workplace. Almost one-third of employees with cancer reported they postponed informing their employer of their illness; after treatment, 17 percent reported a substantial reduction in job duties and responsibilities upon returning to work. The law supports tuberculosis patients by providing monthly food allowances, medical leave, and psychological support but does not contain measures to protect patients from workplace discrimination.

As authorities allow greater numbers of non-EU citizens to live and work in the country, reports of discrimination against migrant workers have become more prevalent. In Arad local workers went on strike in solidarity with their colleagues from India after a rail car manufacturer deducted the transportation costs from India to Romania as a lump sum from monthly wages without prior notice to the employees. After media reported that a major construction company in Bucharest housed many Vietnamese workers in unsuitable conditions, the company canceled their labor contracts, claiming the workers made public statements against company regulations and damaged its public image. The Health Inspectorate subsequently fined the company 45,000 lei ($11,000) for providing housing to non-EU workers that failed to meet sanitary conditions.

The law provides for a national minimum wage that is greater than the official estimate for the poverty income level. The minimum wage has nearly tripled in nominal terms since 2012. In addition a government decision issued in December 2018 introduced a differentiated minimum wage, decreeing that employees with a university degree and at least one year on the job must receive at least 13 percent more than other minimum wage workers earn. The government also introduced a significantly higher minimum wage for construction workers. Up to 60 percent of employees earn the minimum wage according to the Labor Ministry. Authorities enforced wage laws adequately, although a significant informal economy existed. According to Eurostat data, in 2018 nearly a third of the population (32.5 percent) was at risk of poverty or social exclusion. Despite minimum wage increases, nearly one in seven employed Romanians was at risk of poverty.

The law provides for a standard workweek of 40 hours or five days. Workers are entitled to overtime pay for weekend or holiday work or work of more than 40 hours. An employee’s workweek may not exceed 48 hours per week on average over a four-month reference period, although exceptions are allowed for certain sectors or professions. The law requires a 48-hour rest period in the workweek, although most workers received two days off per week. During reductions in workplace activity for economic or technical reasons, the law allows employers to shorten an employee’s workweek and reduce the associated salary. Excessive overtime may lead to fines for employers if workers file a complaint, but complaints were rare. The law prohibits compulsory overtime.

The law gives employers wide discretion regarding the performance-based evaluation of employees. The law permits 90-day probationary periods for new employees and simplifies termination procedures during this period.

The law provides for temporary and seasonal work and sets penalties for work performed without a labor contract in either the formal or the informal economy. In accordance with EU regulations, the maximum duration of a temporary contract is 36 months.

The Labor Ministry, through the Labor Inspectorate, is responsible for enforcing the law on working conditions, health and safety, and minimum wage rates, but it does not effectively enforce all aspects consistently. The inspectorate was understaffed and inspectors underpaid; consequently, the inspectorate had high turnover and limited capacity. Minimum wage, hours of work, and occupational safety and health standards were not effectively enforced in all sectors. The construction, agriculture, and small manufacturers sectors were particularly problematic sectors for both labor underreporting and neglecting health and safety standards. The Labor Inspectorate increased inspections in 2018, identifying 14,568 undeclared workers and fining employers 119.2 million lei ($29.8 million). Through June the Labor Inspectorate identified 5,004 undeclared workers and fined employers 50.5 million lei ($12.6 million).

According to trade union reports, many employers paid supplemental salaries under the table to reduce both tax burdens for employees and employers alike. To address underreported labor, in 2017 the government increased the minimum required payroll taxes that employers must pay for their part-time employees to equal those of a full-time employee earning minimum wage. In addition the Labor Inspectorate collaborated with the National Authority for Fiscal Administration to conduct joint operations to check employers in sectors prone to underreported labor, including the textile, construction, security, cleaning, food preparation, transportation, and storage industries. These investigations often focused on underpayment of taxes rather than workers’ rights.

The government did not effectively enforce overtime standards. Union leaders complained that overtime violations were the main problem facing their members, since employers often required employees to work longer than the legal maximum without always receiving mandatory overtime compensation. This practice was especially prevalent in the textile, banking and finance, and construction sectors.

Rape and Domestic Violence: Rape is illegal, and the law provides the same punishment for a relative, including the spouse, who commits rape as for a nonrelative. The penalty for rape is three to six years’ imprisonment for a single offense, with additional time imposed for aggravating factors. According to NGOs, many law enforcement personnel and prosecutors did not consider spousal or acquaintance rape a priority and did not encourage reporting or prosecuting such cases. NGOs reported that local police officers sometimes refused to respond to rape or domestic violence calls unless the victim’s life was directly threatened. Authorities typically did not consider rape or attempted rape to be life-threatening and sometimes charged a victim with assault if he or she harmed the alleged perpetrator in self-defense.

For example, as of December the trial of 19-year-old Darya Ageniy for criminal assault in Krasnodar region continued. In July 2018 authorities charged her for stabbing an assailant who tried to assault her sexually while she was vacationing in Tuapse the month prior. She claimed the man pressed her against a wall and attacked her; she took out a small knife and stabbed him until he let go of her, after which she fled to her hotel. Two months later police arrested her at her home in the Moscow region and took her back to Tuapse, where her attacker had filed a complaint against her for causing him “grievous bodily harm.” Although she initially faced up to 10 years in prison, her lawyer worked with investigators to reclassify her case so that she would only face one year.

Domestic violence remained a major problem. There is no domestic violence provision in the law and no legal definition of domestic violence, making it difficult to know its actual prevalence in the country. The antidomestic violence NGO ANNA Center estimated that 60 to 70 percent of women suffering from some type of domestic violence do not seek help due to fear, public shame, lack of financial independence from their partner, or lack of confidence in law enforcement personnel. Laws that address bodily harm are general in nature and do not permit police to initiate a criminal investigation unless the victim files a complaint. The burden of collecting evidence in such cases typically falls on the alleged victims. The law prohibits threats, assault, battery, and killing, but most acts of domestic violence did not fall within the jurisdiction of the prosecutor’s office. The law does not provide for protection orders, which experts believe could help keep women safe from experiencing recurrent violence by their partners.

There were reports that women defending themselves from domestic violence were charged with crimes. According to a Mediazona study, 80 percent of women sentenced for murder between 2016 and 2018 killed a domestic abuser in self-defense. In one case in July 2018, three teenaged sisters allegedly killed their father, Mikhail Khachaturyan, in their Moscow home. On October 1, authorities confirmed that the father had physically and sexually abused the girls for many years without any repercussions. As of December the girls remained under house arrest as they awaited their trial for murder, which prosecutors argued was premeditated. The case ignited widespread support for the sisters across the country during the year, with many persons calling for their release.

According to a Human Rights Watch report on domestic violence published in October 2018, when domestic violence offenses were charged, articles under the country’s criminal law were usually applied that employed the process of private prosecution. The process of private prosecution required the victim to gather all necessary evidence and bear all costs after the injured party or their guardian took the initiative to file a complaint with a magistrate judge. The NGO believed that this process severely disadvantaged survivors.

On July 9, the ECHR issued its first ruling on a domestic violence case in the country, ordering the state to pay 20,000 euros ($22,000) to Valeriya Volodina, who had filed a complaint in 2017. Volodina stated that her former boyfriend severely beat her several times, threatened to kill her, and abducted her. Volodina also claimed that police ignored numerous calls she made for authorities to investigate. In 2018 authorities agreed to charge the man with violating her privacy after he published intimate photographs of her, but the investigations never led to a trial, and Volodina changed her name and fled the country.

According to NGOs police were often unwilling to register complaints of domestic violence, often saying that cases were “family matters,” frequently discouraged victims from submitting complaints, and often pressed victims to reconcile with abusers. The majority of domestic violence cases filed with authorities were either dismissed on technical grounds or transferred to a reconciliation process conducted by a justice of the peace whose focus was on preserving the family rather than punishing the perpetrator. NGOs estimated that 3 percent of such cases eventually reached the courts.

A 2017 law made beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment. According to official statistics released in 2018, since the law was passed, the number of reported domestic violence cases has fallen by half. NGOs working on domestic violence noted that official reporting of domestic violence decreased because the decriminalization deterred women suffering domestic violence from going to police. In contrast, an antidomestic violence hotline center noted an increase in domestic violence complaints after the 2017 amendments, which the center considered to be a direct effect of decriminalization. According to Gazeta.ru, the number of cases of women beaten by relatives or partners increased by 40 percent in 2018. Human Rights Watch identified three major impacts of the 2017 decriminalization: fostering a sense of impunity among abusers, weakening protections for victims by reducing penalties for abusers, and creating new procedural shortcomings in prosecuting domestic violence.

On November 19, in response to the ECHR’s questions on whether Russian officials acknowledged the seriousness and scale of domestic violence and discrimination against women in Russia, the Justice Ministry responded that claims about the scale of domestic violence in the country were “quite exaggerated” and these women’s claims were undermining “the efforts that the government was making to improve the situation.” The ministry added that men were more likely to suffer discrimination in the context of domestic violence because they did not ask for protection from abuse by women.

At the time of Human Rights Watch’s 2018 report, there were 434 shelter spaces nationally for women in crisis situations. NGOs noted, however, that access to shelters was often complicated, since they required proof of residency in that particular municipality, as well as proof of low-income status. In many cases these documents were controlled by the abusers and not available to victims.

Female Genital Mutilation/Cutting (FGM/C): The law does not specifically prohibit FGM/C. NGOs in Dagestan reported FGM/C was occasionally practiced in some villages, estimating that 1,240 Dagestani girls are subjected to it every year. In November 2018 Meduza reported that a private clinic in the Best Clinics network was offering FGM/C procedures to girls between ages five and 12, which the Federal Service for Health Supervision (Roszdravnadzor) later confirmed. The Best Clinics case was referred to the Investigative Committee in February.

Other Harmful Traditional Practices: Human rights groups reported that “honor killings” of women persisted in Chechnya, Dagestan, and elsewhere in the North Caucasus but were rarely reported or acknowledged. Local police, doctors, and lawyers often collaborated with the families involved to cover up the crimes. A December 2018 study by human rights defenders, the first ever conducted, found 39 cases of honor killings (36 women, three men) between 2008 and 2017 in the North Caucasus region but estimated that the real number could be much higher.

In some parts of the North Caucasus, women continued to face bride kidnapping, polygamy, forced marriage (including child marriage), legal discrimination, and forced adherence to Islamic dress codes.

Sexual Harassment: The law contains a general provision against compelling a person to perform actions of a sexual character by means of blackmail, threats, or by taking advantage of the victim’s economic or other dependence on the perpetrator. There is no legal definition of harassment, however, and no comprehensive guidelines on how it should be addressed. Sexual harassment was reportedly widespread, but courts often rejected victims’ claims due to lack of sufficient evidence.

On September 27, the Main Directorate of the Ministry of Internal Affairs for Moscow opened an investigation into a Moscow police station after two female employees complained of sexual harassment by one of its directors. Both stated that he pressured them into intimate relationships and threatened them with career repercussions when they did not comply. One victim told journalists that when she reported the incidents to the station’s management, they told her to keep quiet and ignore them.

Coercion in Population Control: There were reports of coerced abortion or involuntary sterilization. Multiple media outlets during the year, including the Dozhd television channel on October 4 and the Izvestiya newspaper on November 7, published articles containing allegations that female residents of long-term psychiatric care facilities have been involuntarily sterilized or subjected to forced abortions. Data about the extent of the practice were not available. On April 30, a psychologist who worked with persons with disabilities in state care facilities published an account of at least two young women who were recently forced to have abortions at psychoneurological dispensary #30 in the Moscow region.

Discrimination: The constitution and law provide that men and women enjoy the same legal status and rights, but women often encountered significant restrictions, including prohibitions on their employment in 456 jobs. Although the government promised to open most of these jobs to women by 2021, the approximately 100 jobs that the Ministry of Labor has ruled especially physically taxing, including firefighting, mining, and steam boiler repair, would remain off limits.

Birth Registration: By law citizenship derives from parents at birth or from birth within the country’s territory if the parents are unknown or if the child cannot claim the parents’ citizenship. Failure to register a birth resulted in the denial of public services.

Education: Education is free and compulsory through grade 11, although regional authorities frequently denied school access to the children of persons who were not registered local residents, including Roma, asylum seekers, and migrant workers.

Child Abuse: The country does not have a law on child abuse but the law outlaws murder, battery, and rape. The penalties for such crimes range from five to 15 years in prison and, if they result in the death of a minor, up to 20 years in prison. A 2017 law that makes beatings by “close relatives” an administrative rather than a criminal offense for first-time offenders, provided the beating does not cause serious harm requiring hospital treatment, applies to children as well. Some Duma deputies claimed that children need discipline and authority in the family, condoning beating as a mode of discipline.

Studies indicated that violence against children was fairly common. According to a report published in April by the National Institute for Child Protection, one in four parents admitted to having beaten their children at least once with a belt. For example, on July 6, seven-year-old “Aisha” (not her real name) was taken to a hospital near her home in Ingushetia. She had countless bruises, bites, and burns all over her body; it turned out that her aunt, who had been her guardian for six months, had been abusing her. Aisha had to have extensive surgery to save her severely damaged arm. Her aunt was detained under the suspicion of causing grievous bodily harm to a minor.

Early and Forced Marriage: The minimum legal age for marriage is 18 for both men and women. Local authorities may authorize marriage from age 16 under certain circumstances. More than a dozen regions allow marriage from age 14 under special circumstances, such as pregnancy or the birth of a child.

Sexual Exploitation of Children: The age of consent is 16. The law prohibits the commercial sexual exploitation, sale, offering, or procuring for prostitution, and practices related to child pornography. Authorities generally enforced the law. For example, on September 25, authorities arrested an Orthodox priest, Nikolay Stremskiy, who had adopted 70 children and charged him with sexual assault and debauchery. He was alleged to have sexually abused seven of the minors in his care. As of December Stremskiy remained in pretrial detention.

The law prohibits the manufacture, distribution, and possession with intent to distribute child pornography, but possession without intent to distribute is not prohibited by law. Manufacture and distribution of pornography involving children younger than age 18 are punishable by two to eight years in prison or three to 10 years in prison if children younger than 14 are involved. Authorities considered child pornography to be a serious problem.

Institutionalized Children: There were reports of neglect as well as physical, sexual, and psychological abuse in state institutions for children. Children with disabilities were especially vulnerable. For example, on October 1, media reported on the death of a 15-year-old girl from a home for children with mental disabilities in Sakhalin. A nurse admitted leaving her alone in a bathtub after turning on the hot water; the girl was scalded and later died at the hospital. Authorities opened an investigation into the nurse’s actions, and Sakhalin governor Valery Limarenko ordered an internal review of the institution.

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 2010 census estimated the Jewish population at slightly more than 150,000. The president of the Federation of Jewish Communities of Russia, however, has stated that the actual Jewish population is nearly one million.

While anti-Semitism is not widespread, media reported several cases during the year. For example, on Passover eve on April 18, unidentified perpetrators drew a swastika on and set fire to the country’s largest yeshiva, located in the Moscow region. No one was injured, but a storehouse burned down.

In late August a group of Krasnodar residents entered a synagogue and interrogated a rabbi for an hour, accusing him of spreading alien religious practices. The group’s leader later announced that she would commence “partisan actions” against a Jewish community center.

Although leading experts in the Jewish community noted that anti-Semitism had decreased in recent years, some political and religious figures made anti-Semitic remarks publicly. On a visit to Jordan in August, Chechen Republic head Kadyrov allegedly told a group of ethnic Chechens that Jews were “the main enemy of Islam.” The month prior he allegedly told a group of Chechen police that Israel was a “terrorist organization.”

On April 24, the acting mayor of Lipetsk, Yevgeniy Uvarkin, answered a question at a public hearing from a local resident seeking to halt local stadium construction by wondering aloud whether the resident had a “Jewish last name.” He apologized for the remark the next day.

On May 6, presidential advisor Sergey Glazyev wrote an op-ed article in which he speculated that Ukrainian president Zelensky, along with the president of the United States and “far-right forces in Israel,” would seek to replace “Russians” in eastern Ukraine with “the inhabitants of the Promised Land tired of the permanent war in the Middle East.” On May 7, Glazyev asserted that his words were being misinterpreted.

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

The law provides protection for persons with physical, sensory, intellectual, and mental disabilities, including access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government often did not enforce these provisions effectively.

The conditions of guardianship imposed by courts on persons with mental disabilities deprived them of almost all personal rights. Activists reported that courts declared tens of thousands of individuals “legally incompetent” due to mental disabilities, forcing them to go through guardians to exercise their legal rights, even when they could make decisions for themselves. Courts rarely restored legal capacity to individuals with disabilities. By law individuals with mental disabilities were at times prevented from marrying without a guardian’s consent.

In many cases persons with mental or physical disabilities were confined to institutions, where they were often subjected to abuse and neglect. A June report by Nyuta Federmesser, the head of the Moscow Multidisciplinary Center for Palliative Care, compared these facilities to “gulags,” where many residents spend significant time in restraints and are denied medical care, nutrition, or stimulating environments.

Federal law requires that buildings be accessible to persons with disabilities. While there were improvements, especially in large cities such as Moscow and St. Petersburg, authorities did not effectively enforce the law in many areas of public transportation and in buildings. Many individuals in wheelchairs reported they continued to have trouble accessing public transportation and had to rely on private cars.

Election law does not specifically mandate that polling places be accessible to persons with disabilities, and the majority of them were not. Election officials generally brought mobile ballot boxes to the homes of voters with disabilities.

The government began to implement inclusive education, but many children with disabilities continued not to study in mainstream schools due to a lack of accommodations to facilitate their individual learning needs. Many schools did not have the physical infrastructure or adequately trained staff to meet the needs of children with disabilities, leaving them no choice but to stay at home or attend specialized schools. For example, according to a local organization of persons with disabilities, a kindergarten in the Leningrad region refused to admit Nikita Malyshev, a child with a disability, instead directing him to a specialized school more than 30 miles from his home. His mother filed a claim against the school, and on February 12, the Supreme Court ruled that the local administration must propose a reasonable alternative that is physically close and takes the family’s needs into account if the neighborhood school cannot accommodate the child. Activists praised the ruling but questioned how municipalities intended to implement it.

While the law mandates inclusive education for children with disabilities, authorities generally segregated them from mainstream society through a system that institutionalized them through adulthood. Graduates of such institutions often lacked the social, educational, and vocational skills to function in society.

There appeared to be no clear standardized formal legal mechanism by which individuals could contest their assignment to a facility for persons with disabilities. The classification of children with mental disabilities by category of disability often followed them through their lives. The official designations “imbecile” and “idiot,” assigned by a commission that assesses children with developmental problems at age three, signified that authorities considered a child uneducable. These designations were almost always irrevocable. The designation “weak” (having a slight cognitive or intellectual disability) followed an individual on official documents, creating barriers to employment and housing after graduation from state institutions.

The law prohibits discrimination based on nationality, but according to a 2017 report by the UN Committee on the Elimination of Racial Discrimination, officials discriminated against minorities, including through “de facto racial profiling, targeting in particular migrants and persons from Central Asia and the Caucasus.” Activists reported that police officers often stopped individuals who looked foreign and asked them for their documents, claiming that they contained mistakes even when they were in order, and demanded bribes. On July 23, human rights activist Aleksandr Kim, a Russian citizen of Korean descent, filmed police as they stopped migrants in an underpass to check documents. One officer asked for Kim’s documents, admitting on camera that it was because he looked Asian. Kim was ultimately fined 1,000 rubles ($16) for disobeying police orders.

Hate crimes targeting ethnic minorities continued to be a problem, although the NGO SOVA Center reported that the number of such crimes declined thanks to authorities’ effectively targeting groups that promoted racist violence. As of December 2, six individuals had died and at least 33 had been injured in racially motivated attacks since the beginning of the year. One victim was an Uzbek migrant stabbed in St. Petersburg on September 16. Law enforcement bodies detained two young men from Moscow with ties to nationalist movements as the main suspects in what they have classified as a hate crime.

According to a 2017 report by the human rights group Antidiscrimination Center (ADC) Memorial, Roma faced widespread discrimination in access to resources (including water, gas, and electrical services); demolitions of houses and forced evictions, including of children, often in winter; violation of the right to education (segregation of Romani children in low-quality schools); and other forms of structural discrimination.

On June 17, a local official from the village of Chemodanovka in the Penza region admitted that authorities forcibly relocated approximately 900 Roma to the Volgograd region after a mass brawl erupted along ethnic lines on June 13, leaving one person dead and another in a coma. He subsequently retracted the comment and stated that the Roma had left the village voluntarily. On June 15, local residents burned the homes of Roma in the neighboring village of Lopatki.

The constitution and various statutes provide support for members of “small-numbered” indigenous groups of the North, Siberia, and the Far East, permitting them to create self-governing bodies and allowing them to seek compensation if economic development threatens their lands. The government granted the status of “indigenous” and its associated benefits only to those ethnic groups numbering fewer than 50,000 and maintaining their traditional way of life. A 2017 report by ADC Memorial noted the major challenges facing indigenous persons included “seizure of territories where these minorities traditionally live and maintain their households by mining and oil and gas companies; removal of self-government bodies of indigenous peoples; and repression of activists and employees of social organizations, including the fabrication of criminal cases.”

Indigenous sources reported state-sponsored harassment, including interrogations by security services, as well as employment discrimination (see section 7.d.). Such treatment was especially acute in areas where corporations wanted to exploit natural resources. By law indigenous groups have exclusive rights to their indigenous lands, but the land itself and its natural resources belong to the state. Companies are required to pay compensation to local inhabitants, but activists asserted that local authorities rarely enforced this provision. Activists stated that there was a constant conflict of interest between corporations and indigenous persons.

On November 7, a Moscow court ordered the closure of the Center for Support of Indigenous People of the North, a nearly 20-year-old indigenous advocacy group that was at the forefront of representing indigenous legal, economic, and environmental rights. The court cited incomplete paperwork as the reason for its closure, but activists called it an excuse to silence the indigenous voice that was critical of corporations and authorities.

The law criminalizes the distribution of “propaganda” of “nontraditional sexual relations” to minors and effectively limits the rights of free expression and assembly for citizens who wish to advocate publicly for rights or express the opinion that homosexuality is normal. Examples of what the government considered LGBTI propaganda included materials that “directly or indirectly approve of persons who are in nontraditional sexual relationships” (see section 2.a.). The law does not prohibit discrimination against LGBTI persons in housing or employment or in access to government services, such as health care.

During the year there were reports of state actors’ committing violence against LGBTI individuals based on their sexual orientation or gender identity, particularly in the Republic of Chechnya (see sections 1.a. and 1.c.).

There were reports government agents attacked, harassed, and threatened LGBTI activists. For example, on June 17, an LGBTI activist from Novocherkassk told media outlets that an officer from the Ministry of Internal Affairs’ Center for Combating Extremism had surveilled and harassed him in early June and then attacked him on June 14. Doctors diagnosed him with a closed head injury and concussion. When he went to file a police report, the officers allegedly laughed and joked about his situation.

Openly gay men were particular targets of societal violence, and police often failed to respond adequately to such incidents. For example, according to the Russian LGBT Network, in July police refused to reopen a criminal case into the 2017 beating of Volgograd teenager, Vlad Pogorelov, because they did not see “hatred and enmity” as the assailants’ motive. Instead, they fined each of the attackers 5,000 rubles ($78). In June 2018 Pogorelov had filed a complaint with the local prosecutor’s office against the local police decision to close a criminal investigation into the 2017 attack. Pogorelov, then 17 years old, was lured into a meeting by homophobic persons posing as gay youth on a dating website. They beat and robbed Pogorelov, who filed a police report. Police opened a criminal investigation into the attack but closed it within a month, citing the “low significance” of the attack and informing Pogorelov that police were unable to protect LGBTI persons. According to the Russian LGBT Network, the case was emblematic of authorities’ unwillingness to investigate adequately or consider homophobia as a motive in attacks on LGBTI persons.

There were reports that authorities failed to respond when credible threats of violence were made against LGBTI persons. For example, authorities failed to investigate the appearance of a website in spring 2018 called the Homophobic Game “Saw,” which called for acts of violence against specific LGBTI persons and human rights defenders. While the site was blocked several times by Roskomnadzor, it would periodically reappear under a new domain name. After the July 23 killing of LGBTI activist Yelena Grigoryeva, whose name appeared on the “Saw” list, the site was blocked again. Although police arrested a suspect on August 1 who apparently confessed to the crime, authorities gave no indication of his motive, and human rights defenders believed that investigators were pursuing the theory that the killing was unrelated to Grigoryeva’s activism for the rights of LGBTI persons. On August 4, the Ministry of Internal Affairs informed individuals who had filed a complaint about the “Saw” site that, since the site was blocked and inaccessible, they were unable to investigate its contents. On August 14, the FSB informed the individuals who filed the complaint about the site that they had examined it and found no evidence of a crime.

In April 2018 the Russian LGBT Network released a report that documented 104 incidents of physical violence, including 11 killings, towards LGBTI persons in 2016-17. The report noted the continuing trend of groups and individuals luring gay men on fake dates to beat, humiliate, and rob them. The report noted that police often claimed to have found no evidence of a crime or refused to recognize attacks on LGBTI persons as hate crimes, which impeded investigations and perpetrators’ being fully held to account. During investigations of attacks, LGBTI persons risked being outed by police to their families and colleagues. LGBTI persons often declined to report attacks against them due to fears police would mistreat them or publicize their sexual orientation or gender identity.

There were reports that police conducted involuntary physical exams of transgender or intersex persons. For example, according to press reports, on May 1, police in Makhachkala, Dagestan, arrested Olga Moskvitina, who is intersex, at a protest. When police discovered that she was marked as male in her passport, she was forced to strip to the waist so that officers could examine her and was questioned about her genitals. She was reportedly humiliated and threatened by the officers. On May 1, her personal identifying information was published on social networks along with threats against her, which Moskvitina believed was done by or with the support of local police. On May 5, Moskvitina’s landlord was reportedly visited by plainclothes officers, who pressured him to evict her from her apartment, which he did.

The Association of Russian Speaking Intersex reported that medical specialists often pressured intersex persons (or their parents, if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex means.

The law prohibiting the “propaganda of nontraditional sexual orientations” restricted freedom of expression, association, and peaceful assembly for LGBTI persons and their supporters (see sections 2.a. and 2.b.). LGBTI persons reported significant societal stigma and discrimination, which some attributed to official promotion of intolerance and homophobia.

High levels of employment discrimination against LGBTI persons reportedly persisted (see section 7.d.) Activists asserted that the majority of LGBTI persons hid their sexual orientation or gender identity due to fear of losing their jobs or homes as well as the risk of violence.

LGBTI students, as well as those suspected of being LGBTI persons, also reported discrimination at schools and universities. Roman Krasnov, a vice rector at the Ural State University of Economics in Yekaterinburg, admitted that the institution monitored the social media accounts of its students in order to ensure that they showed proper “moral character,” which students claimed was monitoring targeted at LGBTI individuals. A student who wished to remain anonymous told media outlets in September that Krasnov threatened him with expulsion after his social media accounts showed that he might identify as LGBTI because he was sympathetic to LGBTI matters.

Medical practitioners reportedly continued to limit or deny LGBTI persons health services due to intolerance and prejudice. The Russian LGBT Network’s report indicated that, upon disclosing their sexual orientation or gender identity, LGBTI individuals often encountered strong negative reactions and the presumption they were mentally ill.

Transgender persons faced difficulty updating their names and gender markers on government documents to reflect their gender identity because the government had not established standard procedures, and many civil registry offices denied their requests. When documents failed to reflect their gender identity, transgender persons often faced harassment by law enforcement officers and discrimination in accessing health care, education, housing, transportation, and employment.

There were reports that LGBTI persons faced discrimination in the area of parental rights. The law does not allow for same-sex couples to adopt children together, only as individuals. The Russian LGBT Network reported that LGBTI parents often feared that the country’s prohibition on the “propaganda of nontraditional sexual orientation” to minors would be used to remove custody of their children. For example, Andrey Vaganov and Yevgeniy Yerofeyev fled the country in August after the Investigative Committee announced that it had opened a criminal negligence case against the officials who had allowed the adoption of their two sons. Although the couple had married in Denmark in 2016, only Vaganov had a legal relationship to the children. A statement on the Investigative Committee’s website accused the men of “promoting nontraditional relationships, giving the children distorted perceptions about family values and harming their health and their moral and spiritual development.” The state learned that the children were living with two fathers after a doctor treating one of the children reported it to police. The couple told media outlets they had no choice but to leave the country in view of the probability that their children would be removed from their home.

Persons with HIV/AIDS faced significant legal discrimination, growing informal stigma-based barriers, and employment discrimination (see section 7.d.). They also continued to face barriers to adopting children in many cases.

According to NGO activists, men who have sex with men were unlikely to seek antiretroviral treatment, since treatment exposed the fact that these individuals had the virus, while sex workers were afraid to appear in the official system due to threats from law enforcement bodies. Economic migrants also concealed their HIV status and avoided treatment due to fear of deportation. By law foreign citizens who are HIV-positive may be deported. The law, however, bars the deportation of HIV-positive foreigners who have a Russian national or permanent resident spouse, child, or parents.

Prisoners with HIV/AIDS experienced regular abuse and denial of medical treatment and had fewer opportunities for visits with their children.

Children with HIV faced discrimination in education. For example, on April 10, a woman in the small village of Iskitim, in the Novosibirsk region, reported that local authorities refused to register her adopted six-year-old son for school because the child was HIV-positive. Staff at a local clinic had reportedly violated doctor-patient confidentiality rules and were warning other village residents about her child’s diagnosis. The family received threats demanding that they leave the village. On April 18, the local Investigative Committee opened an investigation into the violation of the child’s privacy.

Until June 2018 when the Constitutional Court deemed the practice unconstitutional, HIV-positive parents were prohibited from adopting a child. On May 3, President Putin signed a law that allowed persons with HIV to adopt children already living with them. Several lawsuits preceded this legislation, most notably one filed by an HIV-positive woman in Balashikha. Because she was unable to have children, her sister decided to carry her husband’s child through artificial insemination, giving birth in 2015. The woman planned to adopt the child, but her HIV-positive status precluded her from doing so. She filed a lawsuit and won in February, after which she was allowed to adopt the child.

The Ministry of Justice continued to designate HIV-related NGOs as foreign agents, effectively reducing the number of organizations that may serve the community (see section 2.b., Freedom of Association).

The lack of an internal passport often prevented homeless citizens from fully securing their legal rights and social services. Homeless persons faced barriers to obtaining legal documentation as well as medical insurance, without which clinics refused to treat them. Media outlets reported that Moscow authorities relocated a number of homeless shelters from central areas to the city’s outskirts prior to the World Cup in 2018 and have not returned them to the original locations, although they were where the majority of homeless citizens resided.

A homophobic campaign continued in state-controlled media in which officials, journalists, and others called LGBTI persons “perverts,” “sodomites,” and “abnormal” and conflated homosexuality with pedophilia.

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers may form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination, but it does not require employers to reinstate workers fired due to their union activity. The law prohibits reprisals against striking workers. Unions must register with the Federal Registration Service, often a cumbersome process that includes lengthy delays and convoluted bureaucracy. The grounds on which trade union registration may be denied are not defined and can be arbitrary or unjustified. Active members of the military, civil servants, customs workers, judges, prosecutors, and persons working under civil contracts are excluded from the right to organize. The law requires labor unions to be independent of government bodies, employers, political parties, and NGOs.

The law places several restrictions on the right to bargain collectively. For example, only one collective bargaining agreement is permitted per enterprise, and only a union or group of unions representing at least one-half the workforce may bargain collectively. The law allows workers to elect representatives if there is no union. The law does not specify who has authority to bargain collectively when there is no trade union in an enterprise.

The law prohibits strikes in the military and emergency response services. It also prohibits strikes in essential public-service sectors, including utilities and transportation, and strikes that would threaten the country’s defense, safety, and the life and health of its workers. The law also prohibits some nonessential public servants from striking and imposes compulsory arbitration for railroad, postal, and municipal workers as well as other public servants in roles other than law enforcement.

Laws regulating workers’ strikes remained extremely restrictive, making it difficult to declare a strike but easy for authorities to rule a strike illegal and punish the workers. It was also very difficult for those without a labor contract to go on a legal strike. For example, in October 2018, 99 gold miners in Kamchatka walked off their jobs at Zoloto Kamchatki to protest their poor working conditions and low pay. According to media reports, the governor urged the miners not to speak to journalists, while other miners reported threats from police. After a few weeks, the company agreed to raise salaries but fired 54 of the 99 strikers. The company also initiated a lawsuit to declare the strike illegal. The Federation of Independent Trade Unions of Russia noted that they were unable to do anything since the miners were not unionized.

Union members must follow extensive legal requirements and engage in consultations with employers before acquiring the right to strike. Solidarity strikes and strikes on matters related to state policies are illegal, as are strikes that do not respect the onerous time limits, procedures, and requirements mandated by law. Employers may hire workers to replace strikers. Workers must give prior notice of the following aspects of a proposed strike: a list of the differences of opinion between the parties that triggered the strike; the date and time at which the strike was intended to start, its duration, and the number of anticipated participants; the name of the body that is leading the strike and the representatives authorized to participate in the conciliation procedures; and proposals for the minimum service to be provided during the strike. In the event a declared strike is ruled illegal and takes place, courts may confiscate union property to cover employers’ losses.

The Federal Labor and Employment Service (RosTrud) regulates employer compliance with labor law and is responsible for “controlling and supervising compliance with labor laws and other legal acts which deal with labor norms” by employers. Several state agencies, including the Ministry of Justice, the Prosecutor’s Office, RosTrud, and the Ministry of Internal Affairs, are responsible for enforcing the law. These agencies, however, frequently failed to enforce the law, and violations of freedom of association and collective bargaining provisions were common. Penalties were not sufficient to deter violations.

Employers frequently engaged in reprisals against workers for independent union activity, including threatening to assign them to night shifts, denying benefits, and blacklisting or firing them. Although unions were occasionally successful in court, in most cases managers who engaged in antiunion activities did not face penalties.

For example, in March and April, the medical workers’ union in Anzhero-Sudzhensk led a series of strikes, including a hunger strike by nurses, to protest layoffs and staff transfers. Authorities publicly criticized the striking personnel, with Kemerovo governor Sergey Tsiliyev accusing them of “discrediting the honor of the region.” After the first picket on March 11, police ordered the interrogation of all participants. On April 11, the city’s mayor demanded that nurses give up their union membership.

The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.

The government was generally effective in enforcing laws against forced labor, but gaps remained in protecting migrant laborers, particularly from North Korea who generally earned 40 percent less than the average salary. Migrant forced labor occurred in the construction and service industries, logging industry (timber), textile shops, brick making, and the agricultural sector (see section 7.c.). Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, and extremely poor living conditions.

Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. In order to comply with the 2017 UN international sanctions prohibiting the employment of North Koreans, the country reduced the number of North Korean laborers who work in the country legally. According to the Foreign Ministry, as of September approximately 4,000 North Koreans were employed in the country legally, a significant drop from 40,000 in 2017. Although the government announced that it intended to return all North Korean workers to their country by December 22, a significant number of North Korean nationals continued to travel to and reside in Russia under student and tourist visas, especially in the Far East.

Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.

There were reports of forced labor in the production of bricks and sawmills, primarily in Dagestan. Both men and women were exploited for forced labor in these industries in the Northern Caucasus region; however, victims were primarily male job seekers recruited in Moscow. Media outlet Coda also reported on forced labor in illegal sheep farms in the Stavropol region.

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

The law prohibits the employment of children younger than age 16 in most cases and regulates the working conditions of children younger than 18. The law permits children to work at age 14 under certain conditions and with the approval of a parent or guardian. Such work must not threaten the child’s health or welfare. The law lists occupations restricted for children younger than age 18, including work in unhealthy or dangerous conditions, underground work, or jobs that might endanger a child’s health and moral development.

Child labor was uncommon, but it could occur in the informal service, construction, and retail sectors. Some children, both Russian and foreign, were subjected to commercial sexual exploitation and forced participation in the production of pornography (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 .

The law does not prohibit discrimination based on sexual orientation, HIV status, gender identity, or disability. Although the country placed a general ban on discrimination, the government did not effectively enforce the law.

Discrimination based on gender in compensation, professional training, hiring, and dismissal was common. Employers often preferred to hire men to save on maternity and child-care costs and to avoid the perceived unreliability associated with women with small children. Such discrimination was often very difficult to prove.

The law prohibits employer discrimination in posting job vacancy information. It also prohibits employers from requesting workers with specific gender, race, nationality, address registration, age, and other factors unrelated to personal skills and competencies. Notwithstanding the law, vacancy announcements sometimes specified gender and age requirements, and some also specified a desired physical appearance.

According to the Center for Social and Labor Rights, courts often ruled in favor of employees filing complaints, but the sums awarded were often seen as not worth the cost and time to take a legal action. In an uncommon case, on September 9, an entrepreneur who refused to hire a 49-year-old woman in Volgograd because of her age was fined up to 100,000 rubles ($1,570). The court ruled that the entrepreneur represented a legal entity, instead of an individual, which stipulated the relatively large fine.

The law restricts women’s employment in jobs with “harmful or dangerous conditions or work underground, except in nonphysical jobs or sanitary and consumer services,” and forbids women’s employment in “manual handling of bulk weights that exceed the limits set for their handling.”

The law includes hundreds of tasks prohibited for women and includes restrictions on women’s employment in mining, manufacturing, and construction. Women were banned from 456 jobs during the year. According to the Ministry of Labor, women on average earned 28.3 percent less than men in 2017.

The law requires applicants to undergo mandatory medical screenings when entering into a labor agreement or when enrolling at educational institutions. The medical commission may restrict or prohibit access to jobs and secondary or higher education if it finds signs of physical or mental problems. Persons with disabilities were subjected to employment discrimination. Companies with 35 to 100 employees have an employment quota of 1 to 3 percent for persons with disabilities, while those with more than 100 employees have a 2 to 4 percent quota. An NGO noted that some companies kept persons with disabilities on the payroll in order to fulfill the quotas but did not actually provide employment for them. Inadequate workplace access for persons with disabilities also limited their work opportunities.

Many migrants regularly faced discrimination and hazardous or exploitative working conditions. Union organizers faced employment discrimination, limits on workplace access, and pressure to give up their union membership.

Employment discrimination based on sexual orientation and gender identity was a problem, especially in the public sector and education. Employers fired LGBTI persons for their sexual orientation, gender identity, or public activism in support of LGBTI rights. Primary and secondary school teachers were often the targets of such pressure due to the law on “propaganda of nontraditional sexual orientation” targeted at minors (see section 6, Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity). On April 9, a St. Petersburg court ruled that a printing house illegally fired Anna Grigoryeva, a transgender woman who had worked there for years as a man. This was the first time that a court ruled in favor of a person fired for their transgender identity.

Persons with HIV/AIDS were prohibited from working in some areas of medical research and medicine. For example, the Ministry of Transport prohibited HIV-positive persons from working as aviation dispatchers until the Supreme Court lifted the ban on September 10.

In September 2018 as part of broader pension reform, amendments to criminal law were adopted to establish criminal liability for employers who dismiss workers due to approaching pension age.

The monthly minimum wage increased to the official “subsistence” level on January 1. Some local governments enacted minimum wage rates higher than the national rate.

Nonpayment of wages is a criminal offense and is punishable by fines, compulsory labor, or imprisonment. Federal law provides for administrative fines of employers who fail to pay salaries and sets progressive compensation scales for workers affected by wage arrears. The government did not effectively enforce the law, and nonpayment or late payment of wages remained widespread. According to Rosstat, as of September 1, wage arrears amounted to approximately 2.6 billion rubles ($40.8 million). As of September 17, the State Unitary Enterprise Chuvashavtotrans had a debt of 39.8 million rubles ($625,000) for 707 employees, one of the largest wage arrears for a single organization.

The law provides for standard workhours, overtime, and annual leave. The standard workweek may not exceed 40 hours. Employers may not request overtime work from pregnant women, workers younger than age 18, and other categories of employees specified by federal law. Standard annual paid leave is 28 calendar days. Employees who perform work involving harmful or dangerous labor conditions and employees in the Far North regions receive additional annual paid leave. Organizations have discretion to grant additional leave to employees.

The law stipulates that payment for overtime must be at least 150 percent for the first two hours and not less than 200 percent after that. At an employee’s request, overtime may be compensated by additional holiday leave. Overtime work may not exceed four hours in a two-day period or 120 hours in a year for each employee.

The law establishes minimum conditions for workplace safety and worker health, but it does not explicitly allow workers to remove themselves from hazardous workplaces without threat to their employment. The law entitles foreigners working to the same rights and protections as citizens.

Occupational safety and health standards were appropriate within the main industries. Government inspectors are responsible for enforcement and generally applied the law in the formal sector. Serious breaches of occupational safety and health provisions are criminal offenses. Experts generally pointed to prevention of these offenses, rather than adequacy of available punishment, as the main challenge to protection of worker rights. The number of labor inspectors was insufficient to enforce the law in all sectors. RosTrud, the agency that enforces the provisions, noted that state labor inspectors needed additional professional training and additional inspectors to enforce consistent compliance.

At the end of 2018, an estimated 14 million persons were informally employed. Employment in the informal sector was concentrated in the southern regions. The largest share of laborers in the informal economy was concentrated in the trade, construction, and agricultural sectors, where workers were more vulnerable to exploitative working conditions. Labor migrants worked in low-quality jobs in construction but also in housing, utilities, agriculture, and retail trade sectors, often informally. Labor law and protections apply to workers in the informal sector.

No national-level information was available on the number of workplace accidents or fatalities during the year. According to Rosstat, in 2018 approximately 25,400 workers were injured in industrial accidents, including 1,140 deaths.

Rape and Domestic Violence: The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority. Penalties for conviction of rape range from 10 years’ to life imprisonment with fines of one to two million Rwandan francs ($1,100 to $2,200). Penalties for conviction of committing physical and sexual violence against one’s spouse range from three to five years’ imprisonment.

Domestic violence against women and children was common. For example, in August authorities arrested the vice mayor of Musanze District for having allegedly assaulted and injured his wife.

Authorities encouraged reporting of domestic violence cases, although most incidents remained within the extended family and were not reported or prosecuted.

Police headquarters in Kigali had a hotline for domestic violence. Several other ministries also had free gender-based violence hotlines. Each of the 78 police stations nationwide had its own gender desk, an average of three officers trained in handling domestic violence and gender-based violence cases, and a public outreach program. The government operated 44 one-stop centers throughout the country, providing free medical, psychological, legal, and police assistance to victims of domestic violence.

The government continued its whole-of-government, multistakeholder campaign against gender-based violence, child abuse, and other types of domestic violence. Gender-based violence was a required training module for police and military at all levels and was included for all troops and police preparing for deployment to peacekeeping missions abroad.

Sexual Harassment: The law prohibits sexual harassment and provides for penalties for conviction of six months’ to one year’s imprisonment and fines from 100,000 to 200,000 Rwandan francs ($110 to $220). The penalties are increased when the offender is an employer or other person of authority and the victim is a subordinate. Nevertheless, advocacy organizations reported sexual harassment remained common.

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

Discrimination: Women have the same legal status and are entitled to the same rights as men, including under family, labor, nationality, and inheritance laws. The law allows women to inherit property from their fathers and husbands, and couples may make their own legal property arrangements. Women experienced some difficulties pursuing property claims due to lack of knowledge, procedural bias against women in inheritance matters, multiple spousal claims due to polygyny, and the threat of gender-based violence. The law requires equal pay for equal work and prohibits discrimination in hiring decisions. In a February 2018 Transparency Rwanda study of gender-based corruption in workplaces, only 1 percent of participants reported gender-based discrimination as a factor in hiring decisions, whereas 75 percent of respondents indicated they were unaware of such discrimination or were unwilling to discuss it. The study’s authors concluded that gender-based corruption was underreported, in part because victims of discrimination fear losing their employment.

After the 1994 genocide that left many women as heads of households, women assumed a larger role in the formal sector, and many operated their own businesses. Nevertheless, men owned the major assets of most households, particularly those at the lower end of the economic spectrum, making bank credit inaccessible to many women and rendering it difficult to start or expand a business.

Birth Registration: Children derive citizenship from their parents. Children born to two Rwandan parents automatically receive citizenship. Children with one Rwandan parent must apply for citizenship before reaching age 18. Children born in the country to unknown or stateless parents automatically receive citizenship. Minor children adopted by Rwandans, irrespective of nationality or statelessness, automatically receive citizenship. Children retain their citizenship in the event of dissolution of the parents’ marriage. Births were registered at the sector level upon presentation of a medical birth certificate. There were no reports of unregistered births leading to denial of public services. For additional information, see Appendix C.

Education: The government’s 12-year basic education program includes tuition-free universal public education for six years of primary and six years of secondary education. Education through grade nine is compulsory. Parents were not required to pay tuition fees, but they often had to pay high fees for teachers’ incentives and meal expenses, according to domestic observers.

Child Abuse: While statistics on child abuse were unreliable, such abuse was common within the family, in the village, and at school. As in previous years, the government conducted a high-profile public awareness campaign against gender-based violence and child abuse. The government supported a network of one-stop centers and hospital facilities that offered integrated police, legal, medical, and counseling services to victims of gender-based violence and child abuse. In partnership with UNICEF, the National Commission for Children (NCC) maintained a corps of 29,674 community-based “Friends of the Family” volunteers (two for each of the country’s 14,837 villages) to help address gender-based violence and child protection concerns at the village level.

Early and Forced Marriage: The minimum age for marriage is 21. Anecdotal evidence suggested child marriage was more common in rural areas and refugee camps than in urban areas. For additional information, see Appendix C.

Sexual Exploitation of Children: By law sexual relations with a child younger than age 18 constitutes child defilement for which conviction is punishable by 20 years to life in prison depending on the age of the victim.

The law prohibits sexual exploitation of children and child pornography, for which conviction is punishable by life imprisonment and a fine of 10 million to 15 million Rwandan francs ($10,990 to $16,480). Conviction statistics were not available. The 2018 Antitrafficking law prohibits the commercial sexual exploitation of children, conviction of which is punishable by life imprisonment and a fine of 15 million to 20 million Rwandan francs ($16,480 to $21,980).

Child Soldiers: The government supported the Musanze Child Rehabilitation Center in Northern Province that provided care and social reintegration preparation for children who previously served in armed groups in the DRC (see section 2.d., Freedom of Movement).

Displaced Children: There were numerous street children throughout the country. Authorities gathered street children in district transit centers and placed them in rehabilitation centers. Conditions and practices varied at 29 privately run rehabilitation centers for street children.

UNHCR continued to accommodate in the Mahama refugee camp unaccompanied and separated minors who entered the country as part of an influx of more than 87,000 refugees from Burundi since 2015. Camp staff provided additional protection measures for them.

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.

There was a very small Jewish community, consisting entirely of foreigners; 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, and the government generally enforced these provisions. The law mandates access to public facilities, accommodations for taking national examinations, provision of medical care by the government, and monitoring of implementation by the NCHR. Despite a continuing campaign to create a barrier-free environment for persons with disabilities, accessibility remained a problem throughout the country, including in public buildings and public transport. On August 30, the government announced it had worked with public transport operators to introduce 11 buses with accommodations for persons with disabilities.

There were no legal restrictions or extra registration steps for citizens with disabilities to vote, and registration could be completed online. Braille ballots were available for the 2018 parliamentary elections. Observers noted some polling stations remained inaccessible to persons with disabilities and that some election volunteers appeared untrained on how to assist voters with disabilities.

Many children with disabilities did not attend primary or secondary school. Those who attended generally did so with peers without disabilities. Few students with disabilities reached the university level because many primary and secondary schools were unable to accommodate their disabilities.

Some citizens viewed disability as a curse or punishment that could result in social exclusion and sometimes abandoned or hid children with disabilities from the community.

The constitution provides for the eradication of ethnic, regional, and other divisions in society and the promotion of national unity. Longstanding tensions in the country culminated in the 1994 state-orchestrated genocide that killed between 750,000 and one million citizens, including approximately three-quarters of the Tutsi population. Following the killing of the president in 1994, an extremist interim government directed the Hutu-dominated national army, militia groups, and ordinary citizens to kill resident Tutsis and moderate Hutus. The genocide ended later in 1994 when the predominantly Tutsi RPF, operating from Uganda and northern Rwanda, defeated the national army and Hutu militias and established an RPF-led government of national unity that included members of eight political parties.

Since 1994 the government has called for national reconciliation and abolished the policies of the former government that created and deepened ethnic cleavages. The government removed all references to ethnicity in official discourse–with the exception of references to the genocide that is officially termed “the genocide against the Tutsi”–and eliminated ethnic quotas for education, training, and government employment.

Some individuals stated the government’s reconciliation policies and programs failed to recognize Hutu victims of the genocide or crimes committed by the RPF after the end of the genocide, whereas others noted the government focused positive attention on Hutus who risked their lives to save Tutsis or members of mixed families during the genocide.

After the genocide the government banned identity card references to Hutu, Tutsi, or Twa ethnicity and prohibited social or political organizations based on ethnic affiliation. As a result the Twa, who numbered approximately 34,000, lost their official designation as an ethnic group. The government no longer recognizes groups advocating specifically for Twa needs, and some Twa believed this government policy denied them their rights as an indigenous ethnic group.

No laws criminalize sexual orientation or consensual same-sex sexual conduct between adults. The law does not explicitly 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. Cabinet-level government officials expressed support for the human rights of all persons regardless of sexual orientation, but LGBTI persons reported societal discrimination and abuse, including challenges to officially registering NGOs. After announcing in August that he was gay, gospel singer Albert Nabonibo faced harsh criticism, including isolation in the workplace and harsh criticism and abandonment by friends, family, his employer, and community members. A senior government official, however, expressed support for Nabonibo and stated that he was protected under the law.

The penal code provides for imprisonment of up to six months or a fine of up to 500,000 Rwandan francs ($550) or both for persons convicted of stigmatizing a sick person without the intention to protect the sick person or others. There were no reports of prosecutions under this statute. Discrimination against persons with HIV/AIDS occurred, although such incidents remained rare. The government actively supported relevant public education campaigns, including establishing HIV/AIDS awareness clubs in secondary schools and making public pronouncements against stigmatization of those with the disease.

The penal code also provides stiffer penalties for conviction of rape and defilement in cases of transmission of an incurable illness. In most cases of sexual violence, the victim and alleged perpetrator both undergo HIV testing.

According to RDF policy and in keeping with UN guidelines, the military did not permit its members with HIV/AIDS to participate in peacekeeping missions abroad but allowed them to remain in the RDF.

a. Freedom of Association and the Right to Collective Bargaining

A 2018 law regulating labor provides for the right to form and join unions and employer associations, bargain collectively and strike, but it places severe restrictions on these rights. An employer may refuse a recognized union access to the workplace, and the union must appeal this to the labor court. A union must include a majority of workers in the enterprise. Labor disputes are mediated by local, then national labor inspectors before they may be referred to a court, which may refuse to hear the case. The law applies to all employees with contracts. The law applies to informal sector employees with regard to occupational health and safety (OSH) and the right to form trade unions and employers’ associations, but it does not address strikes in the informal sector.

The law provides that ministerial orders define implementation of labor law in many respects; as of October 1, many orders had not been issued.

The law provides some workers the right to conduct strikes, subject to numerous restrictions. The law states that employees have the right to strike in compliance with the provisions of the law and that a strike is legal when the arbitration committee has allowed more than 15 working days to pass without issuing a decision, the conciliation resolution on collective dispute has not been implemented, or the court award has not been enforced. The law further states all strikes must be preceded by a notice of four working days. The law states that a strike or lockout must not interrupt the continuity of “essential services” as defined by the Ministry of Public Service and Labor. The ministry broadly defined essential services to include public transportation, security, education (during national exams), water and sanitation, and telecommunications, which severely restricted the right to strike in these fields.

There were 36 labor unions organized into three confederations: 17 unions represented by the Rwanda Confederation of Trade Unions (CESTRAR), 12 by the Labor and Worker’s Brotherhood Congress (COTRAF), and seven by the National Council of Free Trade Union Organizations in Rwanda. All three federations ostensibly were independent, but CESTRAR had close links to the government and the ruling RPF party.

Freedom of association and the right to collective bargaining generally were not respected. The government did not enforce applicable laws effectively and restricted these rights.

The government severely limited the right to collective bargaining, and legal mechanisms were inadequate to protect this right. Labor union officials commented that many private-sector businesses did not allow collective bargaining negotiations. The government also controlled collective bargaining with cooperatives and mandatory arbitration. No labor union had an established collective bargaining agreement with the government.

Collective bargaining occasionally was practiced in the private sector. For example, in 2015 an international tea exporter renewed its 2012 collective bargaining agreement with its employees. CESTRAR, COTRAF, and the Ministry of Labor participated in the negotiations.

There were neither registered strikes nor anecdotal reports of unlawful strikes during the year; the most recent recorded strike was by textile workers in 2013.

National elections for trade union representatives were last held in 2015. Trade union leaders stated the government interfered in the elections and pressured some candidates not to run.

There were no functioning labor courts or other formal mechanisms to resolve antiunion discrimination complaints, and COTRAF reported it could take four to five years for labor disputes to be resolved through the civil courts. According to one trade union, employers in small companies frequently used transfers, demotions, and dismissals to intimidate union members.

The law prohibits forced labor and states it is unlawful to permit the imposition of forced labor. The government effectively enforced the law. In 2014 the government issued a national trafficking in persons action plan that included programs to address forced labor; the government continued to update the plan during the year. In 2018 the government enacted an updated law to prevent, suppress, and punish trafficking in persons. The 2018 Antitrafficking law prescribes penalties for conviction of imprisonment or fines. Penalties were sufficiently stringent to deter violations and were commensurate with those prescribed for other serious crimes, such as rape, with the penalties being higher if the victim is a child or a vulnerable person. Statistics on the number of victims removed from forced labor were not available. No reports indicate that forced labor by adults is a significant problem in the country.

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

The law prohibits all of the worst forms of child labor. The minimum age for full-time employment is 16, but children ages 13 to 15 are allowed to perform light work in the context of an apprenticeship. The law prohibits children younger than age 18 from participating in physically harmful work, including work underground, under water, at dangerous heights, or in confined spaces; work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads; work that exposes the child to unsafe temperatures or noise levels; and work for long hours or during the night. A 2010 Ministry of Labor ministerial order determines the nature of other prohibited forms of work for a child.

In addition to national law, some districts enforced local regulations against hazardous child labor and sanctioned employers and parents for violations. Police, immigration officials, local government officials, and labor inspectors received training on identifying victims of trafficking.

The NCC took the lead role in designating responsible agencies and establishing actions to be taken, timelines, and other concrete measures in relation to the integrated child rights policy and various national commissions, plans, and policies related to child protection subsumed therein. At the local level, 149 child labor committees monitored incidents of child labor, and each district was required to establish a steering committee to combat child labor. At the village level, 320 child labor focal point volunteers were supported by 10 national protection officers appointed by the NCC and 48 social workers.

The Ministry of Public Service and Labor conducted labor inspections of sectors of the economy known to employ children, focusing on domestic work and the agriculture sector. The RNP operated a child protection unit. District government officials, as part of their performance contracts, enforced child labor reduction and school attendance benchmarks. Observers noted considerable political will to address child labor but also that the government remained sensitive to public attention regarding the extent of child labor in the country. For example, the government continued to refuse to “validate” a 2015 NGO report on the prevalence of child labor in the tea sector.

The government worked with NGOs to raise awareness of the problem and to identify and send to school or vocational training children involved in child labor. As of August 23, private-sector businesses had not responded to the Ministry of Labor’s invitation to sign a memorandum of understanding committing them to eradicate child labor. The government’s 12-year basic education program aided in reducing the incidence of child labor, although some children who worked also attended school because classes were held in alternating morning or afternoon shifts at some grade levels. The government fined those who illegally employed children or parents who sent their children to work instead of school.

The government did not enforce the law effectively. The number of inspectors was inadequate, and penalties were not sufficient to deter violations. The majority of child laborers worked in the agricultural sector and as household domestics. Child labor also existed in isolated instances in cross-border transportation and in the mining industry. Children received low wages, and abuse was common. In addition forced labor and child sex trafficking were problems.

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 .

The law prohibits discrimination based on ethnic origin, family or ancestry, clan, race, sex, region, religion, culture, language, and physical or mental disability, as well as any other form of discrimination. The constitution requires equal pay for equal work.

The government did not consistently enforce antidiscrimination laws, and there were numerous reports of discrimination based on gender, disability, and ethnic origin. Migrant workers enjoyed the same legal protections, wages, and working conditions as citizens.

The law states the Ministry of Labor may establish a minimum wage by ministerial order, but as of October 1, such an order had not been issued.

The law provides a standard workweek of 45 hours and 18 to 21 days’ paid annual leave, in addition to official holidays. The law provides employers with the right to determine daily rest periods. Most employees received a one-hour lunch break. The law states female employees who have given birth are entitled to a maternity leave of at least 12 consecutive weeks. The law states collective agreements must address the compensation rate for overtime.

The law states employers must provide for the health, safety, and welfare of employees and visitors and that enterprises are to establish occupational safety and health committees. The law also states employees are not required to pay any cost in connection with measures aimed at ensuring OSH. Authorities conducted public awareness campaigns to inform workers of their rights and highlight employers’ obligation to register employees for social security and occupational health insurance and pay into those benefit systems. Ministerial orders from the Ministry of Labor determined general OSH conditions and the establishment and functioning of OSH committees.

The government did not effectively enforce the law. The number of inspectors was not sufficient to enforce labor standards effectively. The many violations reported to labor unions compared to the few actions taken by the government and employers to remedy substandard working conditions suggested penalties were insufficient to deter violations.

Families regularly supplemented their incomes by working in small businesses or subsistence agriculture in the informal sector that included more than 75 percent of all workers. Most workers in the formal sector worked six days per week. Violations of wage, overtime, and OSH standards were common in both the formal and informal sectors. Employers frequently failed to register employees for social security or occupational health insurance and pay into those benefit systems. Workers in the subcontractor and business process outsourcing sectors were especially vulnerable to hazardous or exploitative working conditions. Statistics on workplace fatalities and accidents were not available, but ministry officials singled out mining as a sector with significant problems in implementing occupational safety and health standards. On January 21, 14 miners were killed in a landslide at a tin mine in eastern Rwanda and five workers at a scrap metal processing facility were severely injured when material they were handling unexpectedly exploded. Workers did not have explicit rights to remove themselves from situations that endangered their health or safety without jeopardizing their jobs. The Ministry of Labor maintained a list of dangerous professions subject to heightened safety scrutiny.

Rape and Domestic Violence: The law classifies sexual violence, rape, and incest as serious offenses, protects victims of domestic violence, and establishes penalties for perpetrators. The law prohibits rape of women but does not address spousal rape. The law utilizes an “unnatural offenses” statute to address male rape. Court cases and anecdotal evidence suggested that rape, including spousal rape, continued to be a problem. Penalties for rape range from two years’ imprisonment for incest between minors to life imprisonment. Indecent assault has a maximum penalty of 10 years’ imprisonment. Rape has a maximum penalty of 25 years.

Violence against women was a serious and underreported problem. The law criminalizes domestic violence, including emotional abuse, and provides penalties of up to 13,500 East Caribbean dollars ($5,000) or six months in prison.

There was no crisis hotline. The Ministry of Gender Affairs undertook a domestic violence protocol implementation workshop to improve coordination among the various government offices who encounter victims of domestic violence. The ministry coordinated counseling for abuse survivors. Ministry officers maintained contact with civil society organizations, prisons, and schools.

Sexual Harassment: Sexual harassment falls under the Protection of Employment Act, but no law explicitly addresses sexual harassment. The press reported on sexual harassment in the workplace.

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

Discrimination: The law provides women the same legal status and rights as men, and the government effectively enforced it. The law requires equal remuneration, and women and men generally received equal salaries for comparable jobs. Women had equal access to leadership roles in the private and public sectors.

Birth Registration: Children acquire citizenship by birth in the country, and all children are registered at birth. Children born to citizen parents abroad may be registered by either parent.

Child Abuse: Child abuse remained a problem. According to the government, neglect was the most common form of abuse, while physical abuse, including sexual molestation, also remained prevalent.

In child abuse cases, the law allows children to testify against their alleged attackers using remote technologies such as Skype. Other solutions, such as placing a physical barrier in the courtroom, were also employed to assist victims. The Ministries of Social Services and Education collaborated on programs to curb child abuse, including modifying the primary school curriculum and designating November as Child Abuse Awareness Month.

The St. Christopher Children’s Home served abused and neglected children; it received funding and logistical support from the government.

The government offered counseling for both adult and child victims of abuse. Additionally, the government developed a media campaign to help coaches, parents, and students recognize abuse. The government maintained a program to provide youth and their families with life skills, counseling, parenting skills, and mentorship to reduce abuse.

Early and Forced Marriage: The legal minimum age for marriage is 18 for both men and women. Underage marriage was rare.

Sexual Exploitation of Children: Nongovernmental organizations (NGOs) reported that sexual exploitation and molestation of children remained major problems. NGOs also reported that adolescent transactional sex remained a problem. The age of consent for sexual relations is 16. Having sexual relations with children younger than age 16 is illegal. Child pornography is illegal and carries a penalty of up to 20 years in prison.

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 was no organized Jewish community, and members of the Jewish faith reported there were no anti-Semitic acts.

While there were no confirmed reports during the year that St. Kitts and Nevis was a source, destination, or transit country for victims of human trafficking, human rights activists alleged human smugglers brought in sex workers and laborers. Activists also alleged that human smugglers regularly transited the country.

The law does not explicitly prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Persons with disabilities experienced discrimination, particularly concerning access to buildings and public transportation. The law mandates access to buildings for persons with disabilities, but it was not consistently enforced. Children with disabilities attended school, although some parents of students with disabilities preferred to have their child stay at home. There was a separate school for students with disabilities. Although many local schools were able to accommodate students with physical disabilities, the public-school system had limited resources for those students who wished to be mainstreamed.

The law criminalizes consensual same-sex sexual activity among adult men under an “unnatural offenses” statute that carries a penalty of up to 10 years in prison. Top government officials made public statements acknowledging that sexual orientation is a private matter and that all citizens have equal rights under the law. There were no reports the government enforced the law. No laws prohibit discrimination against a person based on sexual orientation or gender identity.

Negative societal attitudes towards lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals impeded the operation of some LGBTI organizations and the free association of LGBTI persons. Officials stated the government “has no business in people’s bedrooms;” however, LGBTI persons reported they did not feel safe engaging in public displays of affection. The government said it received no reports of violence or discrimination based on sexual orientation, but some observers suggested there was underreporting due to negative societal attitudes. During the year the LGBTI community and police conducted gender-sensitization training.

Anecdotal evidence suggested societal discrimination occurred against persons with HIV/AIDS. The Ministry of Labour enforced a specific antidiscrimination policy covering HIV/AIDS in the workplace.

a. Freedom of Association and the Right to Collective Bargaining

Labor laws and procedures are the same in both St. Kitts and Nevis.

The law provides for the right to form and join independent unions or staff associations. Freedom of association and the right to collective bargaining were generally respected in practice. The law permits the police, civil service, hotels, construction workers, and small businesses to organize staff associations. Staff associations do not have bargaining powers but are used to network and develop professional standards. A union representing more than 50 percent of the employees at a company may apply for the company to recognize the union for collective bargaining. Companies generally recognized the establishment of a union if a majority of its workers voted in favor of organizing the union, but the companies are not legally obliged to do so.

In practice, but not by law, there were restrictions on strikes by workers who provide essential services, such as the police and civil servants. The law prohibits antiunion discrimination but does not require employers found guilty of such discrimination to rehire employees fired for union activities. The International Labor Organization (ILO) Committee of Experts reported in 2015 that workers are not protected against antiunion discrimination during recruitment or on the job. The ILO provided technical assistance to the government in labor law reform, labor administration, employment services, labor inspection, and occupational safety and health.

The law does not prescribe remedies for labor law violations, and the Ministry of Labour did not provide information on the adequacy of resources, inspections, and penalties for violations. Penalties were outdated and fines were insufficient to deter violations. The Department of Labour provided employers with training on their rights and responsibilities.

The constitution prohibits slavery, servitude, and forced labor. There were no reported cases of involuntary servitude.

The law prohibits the worst forms of child labor, and a Special Victims Unit, led by the police and Child Protection Services, investigated violations. The law sets the minimum age for work at 16. Prohibitions do not apply to family businesses. Children ages 16 and 17 have the same legal protections from dangerous work conditions as all workers. The law permits children between the ages of 16 and 18 to work regular hours. Employment of children between the ages of 16 and 18 in certain industries related to the hotel and entertainment sectors is restricted. The government reported there were no child labor violations resulting in arrests or prosecutions.

Most employed children younger than age 16 worked after school in shops and supermarkets, or did light work in the informal sector.

The Ministry of Labour relied heavily on school truancy officers and the Community Affairs Division to monitor compliance with child labor laws, which they did effectively. The ministry reported that investigations were frequent, and that violators were referred to the Social Security division for enforcement.

The law and regulations prohibit discrimination based on race, sex, gender, language, HIV-positive status or other communicable diseases, sexual orientation, gender identity, or social status. The law stipulates any employer who wrongfully terminates an employee can be fined to the cover the cost of employee benefits. The government effectively enforced discrimination laws and regulations.

The minimum wage was above the estimated poverty level income. The law does not prohibit excessive or compulsory overtime, but policy calls for employers to inform employees if they have to work overtime. Although not required by law, workers generally received at least one 24-hour rest period per week.

The government sets occupational safety and health standards, which were outdated but appropriate for the country’s main industries. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The law also requires that employers report accidents and dangerous incidents.

The Labour Commission settles disputes over occupational safety and health conditions. The office conducts regular workplace inspections. Violators are subject to fines, and repeat offenders are subject to prosecution. The commission undertook wage inspections and special investigations when it received complaints. If the commission found that employers violated wage regulations, penalties were generally sufficient to encourage compliance. The government reported there were no violations resulting in arrests or prosecutions.

The Ministry of Labour relied primarily on worker complaints to trigger inspections of facilities using informal labor. Labour Commission inspectors enforced workplace health and safety standards. The Social Security Office was responsible for registering informal workers and businesses.

Rape and Domestic Violence: The law criminalizes rape of men or women, which is punishable by 14 years’ to life imprisonment. The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court. Roungement–the practice of parents accepting monetary compensation to settle rape and sexual assault cases out of court–is prohibited by law, but it was rarely prosecuted and was commonly practiced.

Sexual assault remained a problem. High-level government officials supported strengthening family law legislation and avenues of recourse for victims of gender-based violence.

Domestic violence was also a significant problem, but there were no prosecutions of gender-based violence during the year. While police were willing to arrest offenders, the government prosecuted crimes of violence against women only when the victim pressed charges. The Gender Relations Department said its officers lacked training in trauma-specific interview techniques, which negatively affected their evidence-collection skills.

The law provides penalties for domestic violence ranging from five years’ to life imprisonment. Shelters, a hotline, police training, and detailed national policies for managing domestic violence were available, but victims, lacking financial security, were often reluctant to remove themselves from abusive environments. The maximum amount of child support the court may award a custodial parent is 250 East Caribbean dollars ($93) per month per child. Police also faced problems such as a lack of transportation, which at times prevented them from responding to calls in a timely manner. The Saint Lucia Crisis Centre, a nongovernmental organization receiving government assistance, maintained a facility for female victims of domestic violence and their children, and a hotline for support. The only residential facility for victims of domestic abuse, the Women’s Support Centre, operated by the Department of Gender Relations, also received government funding.

The Ministry of Education, Innovation, Gender Relations, and Sustainable Development assisted victims. Authorities referred most cases to a counselor, and police facilitated the issuance of court protection orders in some cases. The Department of Gender Relations operated several gender-based violence prevention programs in schools and community-based groups.

The Family Court hears cases of domestic violence and crimes against women and children. The court can issue a protection order prohibiting an abuser from entering or remaining in the residence of a specified person. The court remands perpetrators to an intervention program for rehabilitation. The court employed full-time social workers to assist victims of domestic violence.

Sexual Harassment: The law prohibits sexual harassment, but sexual harassment remained a problem, since government enforcement was not an effective deterrent. Most cases of sexual harassment were handled in the workplace rather than prosecuted under the law.

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

Discrimination: The law generally provides the same legal status and rights for women and men. The law requires equal pay for equal work. Women were underrepresented in the labor force, had higher levels of unemployment than men, and sometimes received lower pay or faced additional informal hurdles gaining access to credit. The law provides equal treatment for women concerning family property, nationality, and inheritance. The foreign husband of a Saint Lucian woman does not automatically receive Saint Lucian citizenship, but the foreign wife of a Saint Lucian man does.

Birth Registration: Children receive citizenship by birth to a parent with citizenship. Authorities provided birth certificates without undue administrative delay.

Child Abuse: The law prohibits all forms of child abuse, but child abuse remained a problem. The Department of Human Services and Family Affairs handled cases of sexual abuse, physical abuse, abandonment, and psychological abuse. Although the government condemned the practice, parents of sexually abused children sometimes declined to press sexual assault charges against the abuser in exchange for the abuser’s financial contributions toward the welfare of the victim. Nonetheless, courts heard some child sexual abuse cases, convicted offenders, and sentenced them.

The human services division provided services to victims of child abuse, including providing a home for severely abused and neglected children, counseling, facilitating medical intervention, finding foster care, providing family support services, and supporting the child while the child was cooperating with police and attending court.

Early and Forced Marriage: The legal minimum age for marriage is 18 for men and women, but 16 with parental consent.

Sexual Exploitation of Children: Laws on sexual offenses cover rape, unlawful sexual contact, and unlawful sexual intercourse with children younger than 16. The age of consent is 16, but a consent defense may be cited if the victim is between 12 and 16. The law prohibits forced labor or sex trafficking of children younger than 18. No separate law defines or specifically prohibits child pornography. The government enforced the law, including through a police team that focused solely on sexual crimes, including sexual crimes involving children.

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

There was an emerging organized Jewish community, 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 prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. Government regulations require access for persons with disabilities to all public buildings, but only a few government buildings had access ramps. Persons with disabilities have the right to vote, but many polling stations were inaccessible for mobility-impaired voters. The Ministry of Health operated a community-based rehabilitation program in residents’ homes.

Children with physical and visual disabilities were sometimes mainstreamed into the wider student population. There were schools available for persons with developmental disabilities and for children who were hard of hearing, deaf, blind, or otherwise visually impaired. Children with disabilities faced barriers in education, and there were few employment opportunities for adults with disabilities.

While there were no reports of discrimination, civil society reported difficulty in obtaining data on discrimination.

Consensual same-sex sexual activity is illegal under indecency and anal intercourse statutes. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison. The law does not extend antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons based on sexual orientation, gender identity, gender expression, or sex characteristics.

While indecency statutes and anal intercourse laws were not enforced, civil society reported there was widespread societal discrimination against LGBTI persons. The few openly LGBTI persons faced daily verbal harassment and, at times, physical abuse, including reported attacks on public transport and an alleged stabbing at a street party. Civil society groups reported LGBTI persons were forced to leave public buses and were denied jobs or left jobs due to a hostile work environment.

Nongovernmental organizations reported there was some stigma and discrimination against persons with HIV/AIDS. Civil society reported health-care workers occasionally did not maintain appropriate patient confidentiality with respect to HIV/AIDS status.

a. Freedom of Association and the Right to Collective Bargaining

The law specifies the right of most workers to form and join independent unions, bargain collectively, and strike. The law also prohibits antiunion discrimination, and workers fired for union activity have the right to reinstatement. The law provides effective remedies and penalties. The government, however, did not effectively enforce the law.

The law places restrictions on the right to strike by members of the police, corrections service, fire department, health service, and utilities (electricity, water, and telecommunications) on the grounds these organizations provide “essential services.” These workers must give 30 days’ notice before striking. Once workers have given notice, authorities usually refer the matter to an ad hoc labor tribunal set up under the Essential Services Act. The government selects tribunal members, following rules to ensure tripartite representation. These ad hoc tribunals try to resolve disputes through mandatory arbitration.

The government generally respected freedom of association, while employers generally respected the right to collective bargaining. Workers exercised the right to strike and bargain collectively.

The government prohibits all forms of forced or compulsory labor and effectively enforced the prohibition. Penalties for forced labor violations were insufficient to deter violations. The government did not have written procedures to guide officials on the proactive identification and referral of trafficking victims.

The International Labor Organization (ILO) noted with concern that the law allows for prisoners to be hired out to or placed at the disposal of private individuals, companies, and associations.

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

Not all of the worst forms of child labor are prohibited. The law does not prohibit the use, procuring, or offering of a child younger than age 18 years for illicit activities, in particular for the production and trafficking of drugs. The law provides for a minimum legal working age of 15 once a child has finished the school year. The minimum legal age for industrial work is 18. The law provides special protections for workers younger than 18 regarding working conditions, and it prohibits hazardous work. There are no specific restrictions on working hours for those younger than 18. There is no comprehensive list of what constitutes hazardous work; however, the Occupational Health and Safety Act prohibits children younger than 18 from working in industrial settings, including using machinery and working in extreme temperatures. Children ages 15 to 17 need a parent’s permission to work.

The Ministry of Infrastructure, Ports, Energy, and Labour is responsible for enforcing statutes that regulate child labor. The penalties in theory were adequate to deter violations but these laws were not effectively enforced.

There were no formal reports of violations of child labor laws, and the government did not report any investigations (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 .

The law and regulations prohibit discrimination regarding race, skin color, sex, religion, national extraction, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status, and HIV/AIDS status. The law does not prohibit discrimination regarding gender identity. Despite the prohibitions, the law allows for different wages for men and women doing the same work. In addition the law sets different rates of severance pay for men and women. The ILO noted with concern that certain laws and regulations, including protective measures such as the Factory Regulations of 1948, contain provisions excluding women from certain jobs.

The law prohibits termination of employment for sexual orientation. Civil society groups received reports of LGBTI persons being denied jobs or leaving jobs due to a hostile work environment. There are no specific penalties for discrimination, so penalties for discrimination are covered under the general penalties section of the labor code. The government effectively enforced applicable laws. Penalties were sufficient to deter violations.

The law provides for a minimum wage for some sectors, including office clerks, shop assistants, and messengers. On average the sector-specific minimum wages were below the official poverty level.

The legislated workweek is 40 hours, with a maximum of eight hours per day. Special legislation covers work hours for shop assistants, agricultural workers, domestic workers, and industrial workers. Labor laws, including occupational health and safety standards, apply to all workers whether in the formal or informal sector.

The labor code provides penalties which were sufficient to deter violations of labor standards. The government effectively enforced the law. The Ministry of Infrastructure, Ports, Energy, and Labour is charged with monitoring violations of labor law. Employers generally were responsive to ministry requests to address labor code violations, and authorities rarely levied fines. Officers effectively monitored compliance with standards governing pensions, terminations, vacation, sick leave, contracts, and hours of work. There were no reported violations of wage laws, and most categories of workers received wages higher than minimum wage, based on prevailing market conditions. The government reported three workplace-related deaths during the year.

The government sets occupational safety and health (OSH) standards that are current and appropriate. The number of inspectors was not adequate to enforce compliance. As of October no offices were closed for failing to meet OSH standards. Workers could remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. The ministry reported workers in the construction sector sometimes faced hazardous working conditions. Most overtime and wage violations occurred in this sector. The government does not legally define or collect statistics on the informal economy.

Rape and Domestic Violence: Rape, including spousal rape, is illegal, and the government generally enforced the law. Sentences for rape begin at 10 years’ imprisonment. Authorities referred allegations of rape or physical or sexual abuse of women to the police, and police were generally responsive to these complaints. The government operated sexual abuse awareness training, but civil society cited the lack of public education efforts in perpetuating an environment of insensitivity to sexual abuse victims. Police and human rights groups reported that perpetrators commonly made payoffs to victims of rape or sexual assault in exchange for victims not pressing charges.

Civil society groups reported domestic violence against women remained a serious and pervasive problem. The Division of Gender Affairs in the Ministry of National Mobilization offered programs to assist women and children. The ministry maintained a crisis center for survivors of domestic violence.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although authorities could prosecute such behavior under other laws. Local human rights groups and women’s organizations considered enforcement in the workplace ineffective.

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

Discrimination: Women enjoy the same legal rights to family, nationality, and inheritance as men. Women receive an equitable share of property following separation or divorce. The law requires equal pay for equal work, and authorities generally enforced it.

Birth Registration: Citizenship is derived by birth within the country’s territory or from either parent. Birth registration usually occurred within a few days of a child’s birth.

Child Abuse: The law provides a legal framework for the protection of children, including within domestic violence laws. The Family Services Division of the Ministry of Social Development monitored and protected the welfare of children. The division referred all reports of child abuse to the police for action and provided assistance in cases where children applied for protection orders with the family court. Unlawful sexual intercourse with children younger than age 15 remained a problem, and it was in some cases linked to transactional sex with minors. Government and NGO interlocutors indicated that child abuse remained a significant problem.

Early and Forced Marriage: The legal minimum age for marriage is 18. Parental consent is required for underage marriage.

Sexual Exploitation of Children: The law does not prohibit the use of children for prostitution, pornography, or pornographic performances. The law prohibits girls younger than age 15 and boys younger than age 16 from engaging in consensual sexual relations, and the government enforced the law. The law prohibits statutory rape, with special provisions for those younger than age 13. Observers noted that male and female teenagers engaged in prostitution and transactional sex. NGO and government representatives reported some mothers pressured their daughters to have sexual relations with older men as a way to generate family income. Government officials conducted sensitization workshops in the community and schools to address the problem.

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.

There was no organized Jewish community, and there were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical, sensory, mental, and intellectual disabilities, and the government generally enforced these prohibitions. The law does not mandate access to buildings for persons with disabilities, and access for such persons generally was difficult. NGOs reported government funding for organizations supporting persons with disabilities was insufficient to meet the need. NGOs reported subtle discrimination in hiring practices throughout the economy but noted the government’s strong attempt to recruit and hire persons with disabilities through programs such as the Youth Employment Scheme and the Secondary Education Training Program.

Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison, although these laws were rarely enforced. No laws prohibit discrimination against a person based on sexual orientation or gender identity.

Anecdotal evidence suggested there was some societal discrimination against persons with HIV/AIDS, especially in employment. The government provided food packages to some persons with HIV/AIDS, but civil society reported that eligible participants had to preregister at health centers, which some individuals were reluctant to do out of fear of public identification and discrimination. NGOs operated a network to assist persons with HIV/AIDS with medical services and psychosocial support.

a. Freedom of Association and the Right to Collective Bargaining

The government recognizes the right to freedom of association, with restrictions. The International Labor Organization (ILO) noted with concern the discretionary authority of the government over trade union registration, and the government’s unfettered authority to investigate the financial accounts of trade unions. The government generally respected the right to collective bargaining in the private sector. The law provides for the right of workers to form and join unions of their choice, bargain collectively, and conduct legal strikes. The law does not require employers to recognize a particular union as an exclusive bargaining agent. Authorities formed arbitration panels, which included tripartite representation from government, businesses, and unions, on an ad hoc basis when labor disputes occurred.

The law prohibits antiunion discrimination and dismissal for engaging in union activities. Although the law does not require reinstatement of workers fired for union activity, a court may order reinstatement.

Workers providing essential services–defined as the provision of electricity, water, hospital, and police services–are prohibited from striking unless they provide at least 14 days’ notice to the authorities. Some of these sectors were not covered under the ILO’s description of essential services.

The government generally enforced labor laws effectively. Government penalties were sufficient to deter violations.

The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law. Penalties against forced labor carry punishments commensurate with serious crimes and were sufficient to deter violations. The ILO expressed concern that membership in an illegal organization could result in prison labor, in contravention of Convention 105, Abolition of Forced Labor.

While there were no forced labor investigations during the year, civil society reported that during the tourist season a small number of persons–including minors–were vulnerable to forced labor in underground economic activities in the drug trade and prostitution.

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

The law bars the worst forms of child labor and sets the minimum working age at 14. Compulsory education ends at age 16. The law prohibits children and youth from working between the hours of 10 p.m. and 7 a.m. Children younger than age 18 may not work for more than 12 hours a day. Types of hazardous work prohibited to children are not specified by law or regulation.

The government did not effectively enforce child labor laws. The Department of Labour did not conduct any inspections specifically related to child labor. Instead, the government relied on general labor inspections to identify any child labor violations, but these inspectors had no specialized training on identifying child labor. There were no reported complaints related to child labor. Covered under its trafficking in persons legislation, penalties for child labor could result in 20 years’ imprisonment and were sufficient to deter violations.

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

Laws and regulations related to employment and occupation prohibit discrimination based on sex or disability, but no laws prohibit discrimination against a person based on race, religion, political opinion, national origin, social origin, age, or language. Whether the law covers sexual orientation, gender identity, or HIV-positive status is untested in court. The government did not effectively enforce laws prohibiting employment discrimination. It was unclear whether penalties were sufficient to deter violations.

Minimum wages, updated in 2017, varied by sector and type of work and were below the poverty line. The law prescribes hours of work according to category, such as industrial employees (40 hours per week), professionals (44 hours per week), and agricultural workers (30 to 40 hours per week). The law provides that workers receive time-and-a-half for hours worked above the standard workweek. There was a prohibition against excessive or compulsory overtime, which authorities did not enforce effectively.

The law concerning occupational safety and health is outdated. Workers have the right to remove themselves from unsafe work environments without jeopardizing their employment, but authorities did not effectively enforce this right.

The government did not employ enough inspectors to enforce the law effectively. The Ministry of Agriculture conducted inspections and worksite visits in the agricultural sector related to occupational safety and health. The Department of Labour stated it did not have the legal authority to impose fines for violations, but it conducted follow-up inspections to assess if the shortfalls had been addressed. The Department of Labour and judicial officials have the authority to prosecute violations of workplace law and impose fines. Workers who receive less than the minimum wage may file a claim with labor inspectors, who investigate and, if warranted, refer the matter to arbitration. The department received very few complaints concerning minimum wage violations but received more complaints regarding wrongful dismissal.

Rape and Domestic Violence: The constitution prohibits the abuse of women. Rape is a crime, but there is no legal provision against spousal rape. The courts treated rape seriously, and the conviction rate generally was high. The penalties for rape range from two years to life imprisonment, but no court has ever imposed a life sentence.

When police received complaints from abused women, authorities investigated and charged the offender. Authorities charge domestic violence as common criminal assault, with a maximum penalty of one year’s imprisonment. Village councils typically punished domestic violence offenders only if they considered the abuse extreme, such as when there were visible signs of physical harm. In the past few years, several villages have taken the extra step of incorporating specific fines into their village by-laws. In one village the fine is WST$2,000 ($800) per offense.

The government acknowledged that rape and domestic abuse were of significant concern. The National Public Inquiry into Family Violence, released in September 2018, revealed that 86 percent of women experienced some form of physical violence from an intimate partner, and 24 percent had experienced choking. Many cases of rape and domestic abuse went unreported because societal attitudes discouraged such reporting and tolerated domestic abuse. Social pressure and fear of reprisal typically caused such abuse to go unreported.

The Ministry of Police has a nine person Domestic Violence Unit that works in collaboration with nongovernmental organizations (NGOs) and focuses on combatting domestic abuse.

Sexual Harassment: No law specifically prohibits sexual harassment, and there were no reliable statistics on its incidence. The lack of legislation and a cultural constraint against publicly shaming or accusing someone, even if justifiable, reportedly caused sexual harassment to be underreported. Victims had little incentive to report instances of sexual harassment, since doing so could jeopardize their career or family name.

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

Discrimination: Women and men have equal rights under the constitution and statutory law, and the traditionally subordinate role of women continued to change, albeit slowly.

Birth Registration: A child is a citizen by birth in the country if at least one parent is a citizen. The government also may grant citizenship by birth to a child born in the country if the child would otherwise be stateless. Citizenship also derives by birth abroad to a citizen parent who either was born in the country or resided there at least three years. By law children without a birth certificate may not attend primary schools, but authorities did not strictly enforce this law.

Child Abuse: Law and tradition prohibit abuse of children, but both tolerate corporal punishment. The law prohibits corporal punishment in schools; a teacher convicted of corporal punishment of a student may face a maximum one year prison term.

The government aggressively prosecuted reported cases of child abuse.

Press reports indicated an increase in child abuse reports, especially of incest and indecent assault cases; the rise appeared to be due to citizens’ increased awareness of the importance of reporting physical, emotional, and sexual abuse of children.

Early and Forced Marriage: The legal minimum age for marriage is 21 for a man and 19 for a woman. Consent of at least one parent or guardian is necessary if either party is younger than the minimum. Marriage is illegal if a woman is younger than age 16 or a man is younger than age 18. Early marriage did not generally occur.

Sexual Exploitation of Children: The minimum age for consensual sex is 16. Under the law, the maximum penalty for sexual relations with children younger than age 12 is life imprisonment and for children between ages 12 and 15 the maximum penalty is 10 years’ imprisonment. The law contains a specific criminal provision regarding child pornography. The law specifies a seven-year prison sentence for a person found guilty of publishing, distributing, or exhibiting indecent material featuring a child. Because 16 is the age of majority, the law does not protect 16- and 17-year-old persons.

Although comprehensive data on the sexual abuse of children was not available, the sexual abuse of children remained a widespread problem. In the National Public Inquiry into Family Violence, nearly 10 percent of female respondents reported they were raped as children by a family member.

The Ministry of Justice and Courts Administration and the Ministry of Education, in collaboration with NGOs, carried out educational activities to address domestic violence, sexual abuse, and human rights awareness.

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 country had no Jewish community, and there were no reports of anti-Semitic acts.

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

While no law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in the provision of public services, the law does prohibit disability-based discrimination in employment.

Many public buildings were old, and only a few were accessible to persons with disabilities. Most new buildings provided better access, including ramps and elevators in most multistory buildings.

Tradition dictates that families care for persons with disabilities, and the community observed this custom widely.

Some children with disabilities attended regular public schools, while others attended one of three schools in the capital created specifically to educate students with disabilities.

There were no new reports of bans on setting up Chinese-owned retail shops on customary land within villages during the year; four villages banned Chinese-owned shops in 2017. These actions followed the rapid spread of ethnic Chinese-owned retail shops throughout Apia and into rural villages. The bans apply only on village-owned land (approximately 80 percent of land in the country), not to government or freehold land. During the year, however, there were two attacks on Chinese businesses; both involved violent assault of the Chinese owners and employees, resulting in one death. Many Chinese and ethnic Samoans feel Chinese are being targeted partly because of their ethnicity. There were no similar attacks on ethnically Samoan-owned businesses.

“Sodomy” and “indecency between males” are illegal, with maximum penalties of seven and five years’ imprisonment, respectively, but authorities did not enforce these provisions with regard to consensual same-sex sexual conduct between adults.

Although there were no reports of societal violence based on sexual orientation or gender identity, there were isolated cases of discrimination. Society publicly recognized the transgender Fa’afafine community; however, members of the community reported instances of social discrimination.

a. Freedom of Association and the Right to Collective Bargaining

The law protects the rights of workers to form and join independent unions, to conduct legal strikes, and to bargain collectively. There are certain restrictions on the right to strike for government workers, imposed principally for reasons of public safety. The law states that a public sector employee who engages in a strike or any other industrial action is considered “dismissed from…employment.” The law prohibits antiunion discrimination, such as contract conditions that restrict free association. The law addresses a range of fundamental rights and includes the establishment of a national tripartite forum that serves as the governing body for labor and employment matters in the country.

The government effectively enforced laws on unionization, and the government generally respected freedom of association. Penalties were sufficient to deter violations. The Public Service Association functioned as a union for all government workers. Unions generally conducted their activities free from government interference.

Workers exercised the right to organize and bargain collectively. The Public Service Association engaged in collective bargaining on behalf of government workers, including on wages. Arbitration and mediation procedures were in place to resolve labor disputes, although such disputes rarely arose. The government has the right to dissolve unions without going to court, a provision of the law criticized by the International Labor Organization (ILO).

There were no reports of strikes.

The law prohibits forced or compulsory labor, and the government generally enforced such laws. There is an exception in the constitution for service required by local custom. A key feature of the matai system is that non-matai men perform work in their village in service to their families, church, or the village as a whole. Most persons did so willingly, but the matai may compel those who do not wish to work, including children.

The government did effectively enforce the law. The law states that forced labor is punishable by penalties sufficient to deter violations. Aside from the cultural exception noted above and street vending by children, forced labor was not considered a problem. The Ministry of Commerce, Industry, and Labor received no complaints and found no violations of forced labor during inspections conducted.

The law does not prohibit all of the worst forms of child labor. The ILO noted that the law does not effectively prohibit the procuring or offering of children between the ages of 16 and 18 for the production of indecent materials. The law also does not specifically prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The law prohibits employing children ages 12-14 except in “safe and light work.” The government issued a public notice clarifying the hazardous work occupations prohibited for children under age 18.

The law does not apply to service rendered to family members or the matai, some of whom required children to work for the village, primarily on family farms. The law prohibits any student from engaging in light or heavy industrial activity during school hours of 8 a.m. to 2 p.m.

The law restricts vending by school-aged children (younger than age 14) if it interferes with their school attendance, participation in school activities, or educational development. This law is effectively enforced in the formal economy, but only minimally enforced in the informal economy in areas such as child street vending, which takes place at all hours of the day and night. Children frequently sold goods and food on street corners. The problem of child street vending attracted significant media coverage and public outcry. There were no reliable statistics available on the extent of child labor, but it occurred largely in the informal sector.

The extent to which children had to work on village farms varied by village, although anecdotal accounts indicated the practice was common. Younger children primarily did yard work and light work such as gathering fruit, nuts, and plants. Some boys began working on plantations as teenagers, helping to gather crops such as coconuts and caring for animals. Some children reportedly had domestic service employment.

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

The law prohibits discrimination, direct or indirect, against an employee or an applicant for employment based on ethnicity, race, color, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status, and disability.

The government effectively enforced the law, and penalties were sufficient to deter violations. The Labor Ministry received one complaint regarding unfair hiring practices during the year. The hiring and recruiting process for the private sector is outside of the scope of the Labor and Employment Relations Act. No cases drew public attention.

To integrate women into the economic mainstream, the government sponsored numerous programs, including literacy and training programs.

There were separate minimum wage scales for the private and public sectors. Both minimum wages were below the official estimate of the poverty income level for a household. The government effectively enforced wage laws, and penalties were sufficient to deter violations. Approximately 75 percent of the working population worked in the subsistence economy and had no formal employment.

The law covers private and public sector workers differently. For the private sector, the law specifies overtime pay at time and a half, with double time for work on Sunday and public holidays. For the public sector, there is no paid overtime, but authorities give compensatory time off for overtime work.

The law establishes certain rudimentary safety and health standards for workplaces, which the labor ministry is responsible for enforcing. The law also covers nonworkers who are lawfully on the premises or within the workplace during work hours. The law contains provisions for the identification and assessment of, and risk control for, workplace hazards and hazardous substances. In January the Labor Ministry issued a public notice clarifying the list of hazardous work prohibited for children.

Safety laws do not generally apply to agricultural service rendered to the matai or work in a family enterprise. Government employees have coverage under different and more stringent regulations, which the Public Service Commission enforced adequately.

Independent observers reported that the Labor Ministry did not strictly enforce safety laws, except when accidents highlighted noncompliance. It investigated work accidents when it received reports. The number of inspectors was generally sufficient to deter violations. Penalties were sufficient to deter violations.

Many agricultural workers had inadequate protection from pesticides and other dangers to health. Government education and awareness programs sought to address these concerns by providing appropriate training and equipment to some agricultural workers.

The Labor Ministry investigates any potential labor law violations in response to complaints. The police and education ministries may assist if needed; the PSC handles all government labor matters.

The commissioner of labor investigates reported cases of hazardous workplaces. Workers are legally able to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Rape and Domestic Violence: Rape, including spousal rape, is a criminal offense, and the government effectively prosecuted persons accused of such crimes. The penalty for rape is two to six years in prison. In aggravated circumstances, the sentence is four to 10 years. No cases of rape or domestic violence were reported in the first 10 months of the year.

The law prohibits domestic violence, and the government effectively enforced it. Domestic violence is a criminal offense; the penalty for spousal abuse is two to six years in prison. In aggravated circumstances, the prison term is four to eight years.

Sexual Harassment: The government effectively enforced the law prohibiting sexual harassment.

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. The law regarding domestic violence and domestic abuse also prohibits gender-based discrimination.

Birth Registration: Citizenship derives from one’s parent (either mother or father, including adoptive parents) or, if both parents are unknown or stateless, by birth in the country’s territory. Births must be registered within 10 days.

Early and Forced Marriage: The legal minimum age of marriage is 18, but a judge can authorize the marriage of minors at the age of 16 in special cases.

Sexual Exploitation of Children: The law prohibits child pornography, including performances, works, and material, and provides for punishment of anyone trading in, providing, or in any way distributing child pornography. The law includes punishment for providing information aimed at enticing or sexually exploiting children younger than 18, the minimum age of consent for sex. The penalty for this type of crime is imprisonment for two to six years, increased to four to 10 years if it involves sexual intercourse or if it has been committed to the detriment of a child younger than 14 or a child younger than 18 who has physical or mental disabilities.

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 is small. There were no reports of anti-Semitic acts.

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

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these prohibitions effectively, but not all public buildings were accessible to persons with physical disabilities. A local nongovernmental organization stated that some provisions of the law on the rights of the disabled still need to be fully implemented, including those related to their inclusion in employment and sport activities. There were no reported cases of discrimination against a person with disabilities.

The law forbids discrimination based on sex or sexual orientation, personal, economic, social, political, or religious status. The specific prohibition of discrimination based on sexual orientation was added via an amendment to the country’s constitution in June. This follows the legalization of civil unions, including for same-sex couples, approved by parliament in December 2018.

The law provides that, when a person commits an offense motivated by hostility toward the victim’s sexual orientation, courts should consider such motivation as an aggravating circumstance when imposing sentence. The law prohibits persons from committing or encouraging others to commit discriminatory acts on the grounds of sexual orientation.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. Some limitations defined by the law apply to strikes by workers employed in ‘essential public services,’ including healthcare, education, and transportation. The government enforced applicable laws without lengthy delays. The laws are subject to appeals, and penalties were sufficient to deter violations. Penalties include fees and in case of recidivism the prohibition of professional activity.

The government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were independent of the government and political parties. During the first 11 months of the year, there were no reports that the government interfered in union activities, sought to dissolve unions, or used excessive force to end strikes or protests, nor any reports of antiunion discrimination.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced such laws. Resources, remediation efforts, and investigations appeared adequate and effective, although information on penalties for violations was not available.

According to the Office of the Labor Inspector, there were no reports of forced labor.

The law prohibits the worst forms of child labor. The minimum age for employment is 16 and the law excludes minors between the ages of 16 and 18 from the heaviest type of work. Minors are not allowed to work overtime and cannot work more than eight hours per day. The government effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. During the first 11 months of the year, the Office of the Labor Inspector did not report any cases of child labor.

The government effectively enforced laws and policies to protect children from exploitation in the workplace. Penalties were sufficient to deter violations.

The law prohibits discrimination with respect to employment and occupation on the basis of race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or HIV-positive status or other communicable diseases. The government effectively enforced these laws and regulations and penalties were sufficient to deter violations. There were no official cases of discrimination in employment or occupation brought during the first 11 months of the year.

There is no national minimum wage. Industry-based minimum wages existed for various industrial sectors. In April parliament approved a law that introduced specific criteria for the allocation of social funds, taking into consideration the applicants’ conditions, including income, wealth, and health status. On average, less than 2 percent of the adult population applied for this contribution annually. Low-income individuals could also apply for welfare payments.

The law prohibits excessive or compulsory overtime. The government set appropriate safety and health standards for the main industries. The penalties for failing to comply with the safety and health regulations provided by law range from a fine to imprisonment and were generally sufficient to deter violations.

The government’s Labor Office generally enforced labor standards effectively. There were a few exceptions, especially in the construction industry, where some employers did not consistently abide by safety regulations, such as work-hour limitations and use of personal safety devices. Authorities did not enforce health and safety standards in the informal sector. Penalties were sufficient to deter violations. There were no reports of serious injuries to workers in the first nine months of the year. The Office of the Labor Inspector has responsibility for receiving and investigating claims of workplace health and safety violations. The Agency for Environment and the Agency for Civil Protection are mandated to supervise the implementation of legislation on safety and health in the workplace as well as to investigate major accidents.

Rape and Domestic Violence: Rape, including spousal rape, is illegal, and conviction is punishable by two to 12 years’ imprisonment. The prosecution of rape occurred most often in cases in which there was evidence of violent assault or the victim was a minor. Government prosecutors won convictions, and judges imposed sentences of up to 25 years’ imprisonment for conviction of rape if the victim died. The government did not enforce rape and domestic violence laws effectively, but international efforts focused attention on this issue during the year. According to the National Institute for Equality and Gender Equality, there were cases of assaults and rape committed by youth using drugs, although the Institute did not have statistics to determine the extent of the problem.

There were widespread reports of domestic violence. Although women have the right to legal recourse in cases of domestic violence, including against spouses, many were reluctant to take legal action because of the cost, a general lack of confidence in the legal system to address their concerns effectively, and fear of retaliation. Women often were uninformed of their legal rights. The law prescribes penalties ranging from imprisonment for three to eight years for conviction of domestic violence resulting in harm to the health of the victim to incarceration for eight to 16 years when such violence leads to loss of life. There were no data on the number of prosecutions or convictions for domestic violence.

The Office of Women’s Affairs, under the Prime Minister’s Office, and UNICEF maintained a counseling center and small shelter with a hotline for domestic violence. The Gender Equality Institute within the Office of Women’s Affairs also conducted awareness workshops and seminars during the year to educate women on their rights. The institute also trained police, medical professionals, court officials, and lawyers on how to recognize and respond to cases of domestic abuse.

Sexual Harassment: While the law prohibits sexual harassment, it was endemic. In cases of sexual harassment that involved violence or threats, the law prescribes penalties for conviction of one to eight years’ imprisonment. The maximum penalty for conviction in other cases of sexual harassment is three years’ imprisonment. During the year the government sometimes enforced the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men, but they do not specifically recognize these rights as they pertain to the family, child custody, labor, employment, owning or managing businesses or property, nationality, or inheritance. Economic discrimination did not generally occur in the areas of credit or housing.

While many women had access to opportunities in education, business, and government, women–particularly older women and those living in rural areas–generally encountered significant societal discrimination. Traditional beliefs left women with most child-rearing responsibilities. Nevertheless, younger women increasingly had access to educational and professional opportunities compared with the older generation, but a high teenage pregnancy rate reduced economic opportunities for many. Government regulations prohibiting pregnant teenagers from attending high school with their peers increased the likelihood teenage mothers would not finish secondary education.

Birth Registration: Children acquire citizenship either through parents or by being born within the country. Either parent, if a citizen, may confer citizenship on a child born outside the country. By law children born in a hospital are registered on site. If not born in a hospital, the child must be registered at the nearest precinct office. Parents who fail to register a birth may be fined. According to UNICEF since 2010 approximately 94 percent of children younger than five have had their births registered. For additional information, see Appendix C.

Child Abuse: Mistreatment of children was not widespread; however, there were few protections for orphans and abandoned children.

Early and Forced Marriage: The legal minimum age of marriage without parental consent is 18. With parental consent, girls could marry at age 14 and boys at age 16. For additional information, see Appendix C.

Sexual Exploitation of Children: There were reports of children engaged in prostitution. The law prohibits statutory rape and child pornography. The government also uses proscription of kidnapping or unlawful forced labor to enforce the law against sexual exploitation of children. The penalty for conviction of commercial sexual exploitation of minors younger than age 14 is two to 10 years’ imprisonment, and the penalty for conviction of commercial sexual exploitation of minors between ages 14 and 18 is up to three years’ imprisonment. The minimum age of consensual sex is 18, although societal norms only consider sex under age 14 to raise concerns of consent.

Displaced Children: The Ministry of Labor and Social Affairs operated a social services program that placed street children in three centers where they attended classes and received vocational training.

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.

There is no known Jewish community, and there were no reports of anti-Semitic acts.

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

The law generally prohibits discrimination against persons with disabilities. The law, however, does not mandate access to most buildings, transportation, or other services for persons with disabilities. A law passed in 2014 mandates access to school buildings for persons with disabilities, and a few schools were undertaking building upgrades to provide access. During the year UNICEF, a foreign embassy, and the government built two classrooms for students with auditory and visual disabilities. Most children with disabilities attended the same schools as children without disabilities.

The law does not criminalize consensual same-sex sexual activity. Antidiscrimination laws do not explicitly extend protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons based on their sexual orientation, gender identity, or sex characteristics. There were occasional reports of societal discrimination, primarily rejection by family and friends, based on an individual’s LGBTI status. While there were no official impediments, LGBTI organizations did not exist.

Communities and families often rejected and shunned persons with HIV/AIDS. NGOs held awareness-raising campaigns and interventions with employers to address discrimination against employees with HIV/AIDS.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. While the law recognizes the right to collective bargaining, there are no regulations governing this right. The law does not prohibit antiunion discrimination or acts of interference committed by employers against trade unions. While the law provides for the right to strike, including by government employees and other essential workers, this right is strictly regulated. The provisions regulating strikes require agreement by a majority of workers before a strike may be called, and replacement workers may be hired without consultation with trade unions to perform essential services if an enterprise is threatened by a strike. The law does not provide a list of specific minimum or essential services. In the event of disagreement in determining what constitutes a “minimum service,” the employer and the workers’ union arrive at a decision on a case-by-case basis through negotiation (instead of through an independent body). The law also requires compulsory arbitration for services, including postal, banking, and loan services. The law does not prohibit retaliation against strikers.

The government did not effectively enforce the law, and there were no collective bargaining agreements in the country. Both the government and employers generally respected freedom of association and the right to collective bargaining. Worker organizations were restricted in some sectors but generally were independent of government and political parties. The penalties were sufficient to deter violations in some areas, but the penalties for acts of antiunion discrimination or acts of interference against trade union organizations were insufficient.

Workers’ collective bargaining rights remained relatively weak due to the government’s role as the principal employer in the formal wage sector and key interlocutor for organized labor on all matters, including wages. The two labor unions–the General Union of Workers of Sao Tome and Principe and the National Organization of Workers of Sao Tome and Principe–negotiated with the government on behalf of their members as needed. There were no reported attempts by unions or workers to negotiate collective agreements during the year.

The law prohibits all forms of forced or compulsory labor, including by children. Penalties were sufficient to deter violations. The government did not effectively enforce the law. There were no reports of forced or compulsory labor, or evidence that such practices occurred.

The law prohibits all of the worst forms of child labor. The law protects children from exploitation in the formal sector. The minimum employment age is 18 for full-time work. The law sets the minimum age for nonhazardous work at 14. In April a labor law was adopted that includes a list of hazardous work prohibited for children. The law allows minors between ages 15 and 17 to work up to 40 hours per week, provided employers permit them to attend school.

The Ministry of Labor and Social Affairs and the Ministry of Justice and Human Rights are responsible for enforcing child labor laws. Penalties for violations of child labor law include fines and the loss of operating licenses, and these penalties were sufficient to deter violations.

The government conducted a media campaign aimed at preventing child labor. The Ministry of Education mandates compulsory school attendance through the ninth grade, according to a new education law adopted in 2018, and the government granted some assistance to several thousand low-income families to keep their children in school.

Employers in the formal wage sector generally respected the legally mandated minimum employment age. Exceptions included apprentice-type work such as car repair and carpentry; some employers abused this status. Children worked in informal commerce, including street work. Children also commonly performed agricultural and domestic activities such as washing clothes or childcare to help their parents, which is not prohibited under the law.

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 .

The law prohibits discrimination in employment and occupation based on race, sex, and religious belief. Additionally, the constitution prohibits all forms of discrimination based on political affiliation, social origin, and philosophical conviction. The law, however, does not prohibit discrimination in employment and occupation based on color, age, disability, language, sexual orientation, gender identity, and HIV-positive status or having other communicable diseases. There were anecdotal instances of discrimination against HIV-positive employees. Advocacy groups conducted awareness campaigns to address discrimination.

There were no reports of gender-based discrimination in employment and occupation (see section 6, Women). The law allows women to request permission to retire at age 57 or older and men at age 62 but does not oblige them to do so. During the year there were no reports the government subjected women to discriminatory early termination from employment.

The law does not distinguish between migrant workers and citizens in terms of protections, wages, and working conditions.

The minimum wage for public employees is above the poverty line. There is no minimum wage in the private sector. The legal workweek is 40 hours, with 48 consecutive hours per week mandated for rest. According to law workers earn 22 days of annual leave per year. Shopkeepers who wish to keep their stores open longer may ask for an exception, which if granted requires them to pay their workers overtime or have them work in shifts. The law provides for compensation for overtime work and prescribes basic occupational safety and health (OSH) standards. The law specifies occupations in which civil servants may work second jobs.

Working two or more jobs was common. Working conditions on many of the largely family-owned cocoa farms–the largest informal economic sector–were unregulated and harsh, with long hours for workers and limited protection from the sun.

The Ministry of Justice and Human Rights and the Ministry of Labor and Social Affairs are responsible for enforcement of appropriate OSH standards. The government did not effectively enforce the law. The Ministry of Labor and Social Affairs’ labor inspectors were insufficient in number to enforce the law. They did not monitor labor conditions sufficiently, and enforcement of the standards seldom occurred. Department of Labor inspectors lacked the necessary financial and human resources, as well as basic equipment, to conduct regular inspections. Reliable data on workplace fatalities or accidents was not available. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities had limited inspection capacity to ensure this right was respected. Since the government is the largest employer, it sets the standards on hours of work and effectively enforced OSH standards in the public sector. Approximately one-third of the labor force worked in the informal sector, where laws were not strictly enforced.

Working conditions in the agricultural sector were sometimes hazardous because the sector lacked investment and all work was manual. Salaries were low, although workers also received payment in kind. Most farms were family-owned, consisting of small parcels distributed by the government. Less hazardous working conditions existed for those who worked in domestic households.

Rape and Domestic Violence: The law prohibits rape, which is punishable by five to 10 years’ imprisonment. Nevertheless, the government rarely enforced the law, and rape was widespread. The law does not address spousal rape. The law allows the common practice of using a woman’s sexual history to defend men accused of rape.

The law criminalizes assaults and provides for punishment of one to five years in prison and a fine. Domestic violence that causes lasting injuries is punishable with a prison sentence of 10 to 20 years. If an act of domestic violence causes death, the law prescribes life imprisonment. Nevertheless, the government did not enforce the law, particularly when violence occurred within the family. Police usually did not intervene in domestic disputes. Several women’s groups and the Committee to Combat Violence against Women and Children (CLVF) reported a rise in violence against women.

NGOs, including the CLVF, criticized the failure of some judges to apply domestic violence laws, citing cases in which judges claimed lack of adequate evidence as a reason to issue lenient sentences. NGOs also criticized the government’s failure to permit associations to bring suits on behalf of victims and the lack of shield laws for rape.

The number of incidents of domestic violence, which many citizens considered a normal part of life, were much higher than the number of cases reported. The Ministry of Justice is responsible for combating domestic violence, but it did not make public any programs to address rape and domestic violence. The government-run Ginddi Center in Dakar provided shelter to women and girls who were survivors of rape or early and forced marriage as well as to street children.

On May 20, a security guard allegedly raped and killed a 23-year-old woman in her bedroom in Tambacounda (East). The guard remained in pretrial detention awaiting trial at year’s end. On October 20, a man in Kolda killed his wife after a domestic dispute. The criminal case against the husband remained pending at year’s end.

Female Genital Mutilation/Cutting (FGM/C): The law provides criminal penalties for the perpetration of FGM/C on women and girls, but no cases were prosecuted during the year. FGM/C was practiced in the country but was not widespread.

Sexual Harassment: The law mandates prison terms of five months to three years and fines of 50,000 to 500,000 CFA francs ($85 to $850) for sexual harassment, but the problem was widespread. The government did not effectively enforce the law.

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. Nevertheless, women faced pervasive discrimination, especially in rural areas where traditional customs and discriminatory rules of inheritance were strongest.

The family code’s definition of paternal rights also remained an obstacle to equality between men and women. The code considers men to be heads of household, preventing women from taking legal responsibility for their children. Additionally, any childhood benefits are paid to the father. Women can become the legal head of household only if the husband formally renounces his authority before authorities or if he is unable to act as head of household.

While women legally have equal access to land, traditional practices made it difficult for women to purchase property in rural areas. Many women had access to land only through their husbands, and the security of their rights depended on maintaining their relationships with their husbands.

The Ministry for Women’s Affairs, Family Affairs and Gender has a directorate for gender equality that implements programs to combat discrimination.

Birth Registration: Citizenship is acquired by birth on Senegalese territory or naturalization. The law provides for equal rights for mothers and fathers automatically to transmit citizenship to their children. The law does not make birth declaration mandatory. Registering births required payment of a small fee and travel to a registration center, which was difficult for many residents of rural areas.

Education: The law provides for tuition-free and compulsory education for children between the ages of six and 16, although many children did not attend school. While children generally could attend primary school without a birth certificate, they needed one to take national exams.

Approximately one-third of school-age children ages six to 16 did not attend school, in many cases because of a lack of resources or available facilities; others did not attend for religious reasons. Students often had to pay for their own books, uniforms, and other school supplies.

Girls encountered greater difficulties in continuing in school beyond the elementary level. A lack of running water, poor sanitation, early pregnancy, long travel distances, and sexual harassment by school staff all contributed to girls leaving school. Where school directors were aware of sexual harassment or exploitation, they generally tried to resolve the situation on their own without reporting it to higher authorities or police and often stigmatized and faulted the behavior of the girls rather than the teacher. Girls were generally unsure of what constitutes consent and harassment and did not know where to report exploitation. If girls became pregnant, they dropped out of school and were often shunned by their families.

Many parents opted to keep their middle- and high-school-aged daughters home to work or to marry rather than sending them to school. In recent years, however, gender disparity at the middle- and high-school level has significantly lessened.

Child Abuse: Child abuse remained common, particularly of boys sent to Dakar and other cities to beg under threat of punishment. Parents sent many of these boys to study in daaras (Quranic schools). At some daaras, Quranic instructors exploited, physically abused, and forced children to beg on the street. According to a Human Rights Watch report, more than 100,000 boys lived in residential daaras across the country, with many forced to beg for money and food on a daily basis by their instructors.

In April police arrested a Quranic teacher in Mbour after he allegedly beat one of his students, who subsequently died.

The National Antitrafficking Task Force and Child Protection Special Unit continued to address these issues throughout the country. Nevertheless, government efforts to address the abuse of Quranic students remained weak.

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

Early and Forced Marriage: By law women have the right to choose when and whom they marry, but traditional practices often restricted a woman’s choice. The law prohibits the marriage of girls younger than 16, but this law generally was not enforced in most communities where marriages were arranged. Under certain conditions a judge may grant a special dispensation to a man to marry a girl below the age of consent.

According to UN Population Fund statistics, 33 percent of women were married before age 18, and 12 percent before age 15. Women’s rights groups and officials from the Ministry of Women, Family, and Gender stated child marriage was a significant problem, particularly in the more rural areas in the south, east, and northeast. The ministry conducted educational campaigns to address the problem.

Sexual Exploitation of Children: The law provides that convicted sexual abusers of children receive five to 10 years’ imprisonment. If the offender is a family member, the maximum is applied. Procuring a minor for commercial sexual exploitation is punishable by imprisonment for five to 10 years and a fine of 300,000 to four million CFA francs ($500 to $6,800). If the crime involves a victim younger than 13, the maximum penalty is applied. The law was not effectively enforced, but when cases were referred to officials, authorities conducted follow-up investigations. The minimum age for consensual sex is 18.

Pornography is prohibited, and pornography involving children younger than 16 is considered pedophilia and punishable by up to two years’ imprisonment and fines of up to 300,000 CFA francs ($500).

Exploitation of women and girls in prostitution and sex trafficking was a problem, particularly in the southeast gold-mining region of Kedougou. Although there were no reports of child sex tourism during the year, the country was considered a destination for child sex tourism for tourists from France, Belgium, and Germany, among other countries.

Infanticide or Infanticide of Children with Disabilities: Infanticide, usually due to poverty or embarrassment, continued to be a problem. In some cases women’s families shamed them into killing their babies. Domestic workers and rural women working in cities sometimes killed their newborns if they could not care for them. Others, married to men working outside the country, killed their infants out of shame. According to the African Assembly for the Defense of Human Rights, infanticide also occurred when a woman became pregnant with the child of a man from a prohibited occupational caste. If police discovered the identity of the mother, she faced arrest and prosecution for infanticide.

Displaced Children: Many children displaced by the Casamance conflict lived with extended family members, neighbors, in children’s homes, or on the streets. According to NGOs in the Casamance, displaced children suffered from the psychological effects of conflict, malnutrition, and poor health.

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.

There were approximately 100 Jewish residents in the country; 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, but the government did not enforce these provisions adequately. The law also mandates accessibility for persons with disabilities, but the government did not effectively enforce the law.

The government provided grants, managed vocational training in regional centers, and offered funding for persons with disabilities to establish businesses. Due to a lack of special education training for teachers and facilities accessible to children with disabilities, authorities enrolled only 40 percent of such children in primary school. Support for persons with mental disabilities was not generally available, and incidents of abuse of persons with mental disabilities were common.

Persons with disabilities experienced difficulty registering to vote as well as accessing voting sites, due to physical barriers such as stairs as well as the lack of provisions such as Braille ballots or sign-language interpreters for persons who are visually or hearing impaired, or unable to speak. The law reserves 15 percent of new civil service positions for persons with disabilities, but this quota has never been enforced. In regions outside Dakar, in particular, persons with disabilities were still effectively excluded from access to these positions.

The Ministry for Health and Social Action is responsible for protecting the rights of persons with disabilities.

Ethnic groups generally coexisted peacefully.

Discrimination against individuals of lower castes continued, and intellectuals or businesspersons from lower castes often tried to conceal their caste identity.

Consensual same-sex sexual activity between adults, referred to in law as an “unnatural act,” is a criminal offense, and penalties range from one to five years’ imprisonment and fines of between 100,000 and 1.5 million CFA francs ($170 and $2,500); however, the law was rarely enforced. No laws prevent discrimination based on sexual orientation or gender identity, nor are there hate crime laws that could be used to prosecute crimes motivated by bias against LGBTI persons.

LGBTI persons faced widespread discrimination, social intolerance, and acts of violence. LGBTI individuals were subject to frequent threats, mob attacks, robberies, expulsions, blackmail, and rape. LGBTI activists also complained of discrimination in access to social services. The government and cultural attitudes remained heavily biased against LGBTI individuals. In July the country maintained its past position devaluing LGBTI rights by abstaining at the UN Human Rights Council on a resolution to renew the mandate of an independent expert on protection against violence and discrimination based on sexual orientation and gender identity.

On February 18, in Thiaroye, a suburb of Dakar, an angry mob killed a man accused of homosexuality in an argument over his mannerisms.

Civil society groups and LGBTI activists indicated the overall situation in the country worsened during the year. A number of gay rights activists had their personal information, including home addresses, spread over social media by private individuals and received threats of violence. As a result, some LGBTI activists have gone into hiding or have sought refuge in neighboring countries.

The law prohibits all forms of discrimination against persons with HIV/AIDS, and the government and NGOs conducted HIV/AIDS awareness campaigns to increase social acceptance of persons with HIV or AIDS and increase HIV testing and counseling nationwide. Nevertheless, human rights activists reported HIV-positive individuals and those with AIDS-related illnesses suffered from social stigma due to the widespread belief that such status indicated homosexuality. HIV-positive men sometimes refrained from taking antiretroviral drugs due to fear their families would discover their sexual orientation.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join independent unions, except for security force members, including police and gendarmes, customs officers, and judges. Unions have the right to bargain collectively and strike, with some restrictions. The law allows civil servants to form and join unions. Before a trade union can exist legally, the labor code requires authorization from the Ministry of Interior. Unions have no legal recourse if the minister refuses registration, although authorization is rarely withheld. Under the law, as part of the trade union recognition process, the ministry has the authority to check the morality and aptitude of candidates for positions of trade union officials. Any change to the bylaws of a trade union must be reported to and investigated by the inspector of labor and the public attorney. Additionally, the law provides that minors (both as workers and as apprentices) cannot join a union without parental authorization. The state prosecutor can dissolve and disband trade unions by administrative order if union administrators are not following government regulations on the duties of a union to its members.

The law prohibits antiunion discrimination and allows unions to conduct their activities without interference. Foreigners may hold union office only if they have lived in the country for five years and only if his or her country provides the same right to Senegalese citizens. Collective bargaining agreements covered an estimated 44 percent of workers in the formal economy. Unions are able to engage in legal proceedings against any individual or entity that infringes the collective bargaining rights of union members, including termination of employment.

The law provides for the right to strike; however, regulations restrict this right. The constitution stipulates a strike must not infringe on the freedom to work or place an enterprise in peril. The law states workplaces may not be occupied during a strike and may not violate nonstrikers’ freedom to work or hinder the right of management to enter the premises of the enterprise. This means pickets, go-slows, working to rule, and sit-down strikes are prohibited. Unions representing members of the civil service must notify the government of their intent to strike at least one month in advance; private sector unions must notify the government three days in advance. The government does not have any legal obligation to engage with groups who are planning to strike, but the government sometimes engaged in dialogue with these groups. The government may also requisition workers to replace those on strike in all sectors, including in “essential services” sectors. A worker who takes part in an illegal strike may be summarily dismissed. The government effectively enforced applicable laws on the right to strike. Penalties for noncompliance include a fine, imprisonment, or both. Penalties were sufficient to deter violations. The labor code does not apply to the informal sector and thus excludes the majority of the workforce, including subsistence farmers, domestic workers, and those employed in many family businesses. Employees of certain government security institutions, including police, military, and customs officials, are prohibited from unionizing and striking.

The government and employers generally respected freedom of association and the right to collective bargaining with restrictions. Workers exercised the right to form or join unions, but antiunion sentiment within the government was strong. Trade unions organize on an industry-wide basis, very similar to the French system of union organization. There were no confirmed reports of antiunion discrimination during the year.

The law prohibits all forms of forced or compulsory labor. Many provisions of the law impose imprisonment with compulsory prison labor as a penalty for noncompliance, such as for participation in strikes in “essential services,” for occupying the workplace or its immediate surroundings during strike actions, or for breaching labor discipline deemed to endanger ships or the life or health of persons on board.

The government did not effectively enforce applicable laws against forced labor, and such practices continued to occur in the areas of domestic servitude, forced prostitution, farm labor, and artisanal mining. Forced child labor occurred, including forced begging in some Quranic schools (see section 6). Some children in these schools were kept in conditions of servitude; were forced to work daily, generally in the street begging; and had to meet a daily quota for money or food set by their teachers.

In March 2018 the government launched a second phase of Retrait de la Rue, a program to remove children engaged in forced begging in the Dakar area, with some success; however, law enforcement efforts in this area remained weak. The government also revised a 2005 antitrafficking in persons law with an aim to widen its use by prosecutors. The government published additional information related to labor law enforcement.

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

The law prohibits some, but not all, of the worst forms of child labor. Regulations on child labor set the minimum working age at 15. Work considered “hazardous”–including most subterranean mining, operation of machines or vehicles, bearing heavy burdens, and working on ships or fishing vessels–is prohibited until age 18. In the agricultural sector children as young as 12 are permitted to work in a family environment. Work deemed “hazardous,” and thus prohibited for children, does not include domestic work or street work, areas in which there is evidence of potential harm to child workers. The law does not always make clear the difference between “dangerous” and “light” work.

Inspectors from the Ministry of Labor are responsible for investigating and initiating lawsuits in child labor cases. The ministry’s investigators can visit any institution during work hours to verify and investigate compliance with labor laws and can act on tips from trade unions or ordinary citizens.

Labor laws prohibiting child labor were not effectively enforced, and penalties were not sufficient to deter violations. The Ministry of Labor sent investigators to investigate formal workplaces, but they are not adequately trained to deal with child labor problems. Inspectors did not monitor the informal sector, and no cases of child labor were identified in the formal sector. In addition, many areas with prevalent abuses are remote, and inspectors are only located in larger cities. There was no specific system to report child labor violations, largely due to inadequate funding of the Child Labor Division and the Ministry of Labor. The ministry instead relied on unions to report violators. The government conducted seminars with local officials, NGOs, and civil society to raise awareness of the dangers of child labor, exploitative begging, and online exploitation of children.

Most child labor occurred in the informal economy where the government did not effectively enforce labor regulations. Child labor was prevalent in many informal and family-based sectors, such as agriculture (millet, corn, and peanuts), fishing, artisanal gold mining, garages, dumpsites, slaughterhouses, salt production, rock quarrying, and metal and woodworking shops. In the large, informal, unregulated artisanal mining sector, entire families, including children, were engaged in artisanal mining work. Child gold washers, most aged 10 to 14, worked approximately eight hours a day using toxic agents such as mercury without training or protective equipment. There were also reports of children working on family farms or herding cattle. Children also worked as domestics, in tailoring shops, at fruit and vegetable stands, and in other areas of the informal economy.

According to the International Labor Organization, 28 percent of children participated in the labor force. A predominant type of forced child labor was the forced begging by children sent to live and study under the supervision of Quranic teachers (see sections 6 and 7.b.).

Following the president’s announcement of a campaign against child begging in 2016, authorities began removing children from the streets. The first phase of this campaign continued until 2017, but it was largely ineffective in addressing the problem.

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 .

Labor law prohibits discrimination in employment and occupation based on national origin, race, gender, disability, and religion; violators are officially subjected to fines and imprisonment, but these laws were not regularly enforced, and the penalties were not sufficient to deter violations. The law does not explicitly prohibit discrimination based on sexual orientation or gender identity. The government did not effectively enforce the antidiscrimination provisions of the law. Gender-based discrimination in employment and occupation occurred and was the most prevalent form of discrimination. Men and women have equal rights to apply for a job. Women experienced discrimination in employment and operating businesses (see section 6).

The national minimum hourly wage was higher than the estimated poverty income rate. The Ministry of Labor is responsible for enforcing the minimum wage. Labor unions also acted as watchdogs and contributed to effective implementation of the minimum wage in the formal sector. The minimum wage provisions apply to foreign and migrant workers as well.

For most occupations in the formal sector, the law mandates a standard workweek of 40 to 48 hours, with at least one 24-hour rest period per week, one month per year of annual leave, enrollment in government social security and retirement plans, safety standards, and other measures. The law does not prohibit excessive or compulsory overtime in the formal sector.

Premium pay for overtime is required only in the formal sector. Legal regulations on industry-appropriate occupational safety and health exist, and the government sets the standards. Employees or their representatives have the right to propose whatever they assume would provide for their protection and safety and can refer to the competent administrative authority in case the employers refuse.

The Ministry of Labor, through the Labor Inspection Office, is responsible for enforcing labor standards in the formal sector; those who violate standards are officially subject to fines and imprisonment, but these were not regularly enforced and were insufficient to deter violation. Enforcement of the workweek standard was irregular. Labor inspectors had poor working conditions and lacked transportation to conduct their mission effectively. The number of labor inspectors was insufficient to enforce compliance. Violations of wage, overtime, and occupational safety and health standards were common. Due to high unemployment and a slow legal system, workers seldom exercised their legal right to remove themselves from situations that endangered health or safety. A large number of workplace accidents also took place in the informal sector.

Rape and Domestic Violence: Rape of men and women, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively.

Domestic violence is punishable by up to 10 years’ imprisonment. While the law provides women the right to obtain a restraining order against abusers, the government did not enforce the law effectively. According to the Ministry of Interior, 19 women were killed in domestic violence through September, at least five of whom had previously reported domestic violence. The Autonomous Women’s Center received more than 5,000 reports of domestic violence through May. According to the OSCE regional research on women’s security, one in five women suffered either physical or sexual violence, 44 percent were exposed to psychological violence by their partners, and 42 percent were sexually intimidated.

The Law on the Prevention of Family Violence strengthens protective measures for domestic violence victims by temporarily removing the perpetrator from a home from a minimum of 48 hours to a maximum of 30 days. This law requires that police, prosecutors’ offices, courts, and social welfare centers maintain an electronic database on individual cases of family violence and undertake emergency and extended measures. In April the Ministry of Interior announced introduction of a system of bracelets to identify both victims and perpetrators of domestic violence as a new measure to protect victims. Women’s groups criticized the measure as largely symbolic and saw it as an additional burden for victims with little practical utility. Despite training on domestic violence provided to police and social services providers, the ombudsman’s 2018 annual report stated that the number of training opportunities provided had been inadequate and that significant shortcomings in protection of victims remained.

In May, Mirjana Jankovic and her parents (Nada Pajic and Branislav Pajic) were killed in their family home in Novi Sad. Mirjana’s husband Goran Jankovic admitted to killing them with a hammer in front of his and Mirjana’s two children (ages 10 and three). He then threatened to hurt his children if they told anyone he had been in the home and fled. Mirjana had reported their killer for domestic violence and possession of an illegal weapon two weeks before the incident; she was granted a restraining order that should have barred him from approaching or entering the family home. The trial in this case continued at year’s end.

Sexual Harassment: Sexual harassment of men and women is a crime punishable by imprisonment for up to six months in cases that do not involve domestic abuse or a power relationship, and for up to one year for abuse of a subordinate or dependent. According to women’s groups in the country, sexual innuendo in everyday speech and behavior was perceived as a joke and generally accepted as a form of communication and not as serious harassment. The UN Committee on the Elimination of Discrimination against Women expressed concern over an increase in misogynistic statements in media and from high-ranking politicians and religious leaders that were not investigated or punished in its 2019 Concluding Observations on the Fourth Periodic Report of Serbia.

The country’s first prominent case of prosecution of a powerful individual for sexual harassment continued during the year. In March 2018 Marija Lukic, a municipal government worker in the city of Brus, filed sexual harassment charges against then mayor of Brus Milutin Jelicic. Lukic’s employment was immediately terminated, and as of October her court case had been stalled by trivial delays for more than a year. Six other women also reported the mayor for sexual harassment, but the prosecution declined to prosecute, citing insufficient evidence. Women’s organizations contended that cases of sexual harassment and inappropriate touching were viewed as a private matter by the police and rarely investigated.

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 areas, but the government did not always enforce these laws. Women were subject to discrimination, both at home and in the labor force, with regard to marriage, divorce, child custody, employment, credit, pay, owning or managing businesses or property, education, the judicial process, and access to housing. According to the Statistical Office of the Republic of Serbia, women on average did more than twice as many hours of domestic work as men.

Birth Registration: Citizenship is derived from a child’s parents. The law on birth records provides for universal birth registration. Some Romani children were not registered at birth. Subsequent birth registration was possible but complicated (see section 2.g., Stateless Persons). Children who were not registered did not have access to public services, such as health care.

Education: Education was free through the secondary level, but compulsory only from preschool through the age of 15. Ethnic discrimination and economic hardship discouraged some children from attending school. In Romani and poor rural communities, girls were more likely than boys to drop out of school and normally did so at an earlier age. Romani children were also disproportionately identified as having special needs and were often sent to special schools that limited their educational outcomes.

By law ethnic minority populations have the right to be educated in their minority language but in practice, this right was not attained. The ethnic Albanian population in South Serbia had been largely without textbooks for more than 10 years.

Child Abuse: The law prohibits child abuse with penalties ranging from two to 10 years’ imprisonment. According to research and reports, children were exposed to direct and interpersonal violence, physical and sexual violence, emotional abuse, and neglect. The ombudsman’s 2018 annual report acknowledged “the prevalence of violence against children” in the country and stated that “physical punishment of children is still a widespread educational method,” a trend that likely led child abuse to be underreported. Children in the country also suffered violence stemming from existing patriarchal social structures that enabled marginalization of children and made them vulnerable to child abuse, discrimination, child marriage, and child labor. Children in historically marginalized groups, such as Roma, suffered various types of social exclusion and were more prone to marginalization. The country’s efforts to prevent child abuse largely focused on protection of victims rather than prevention of child abuse through targeted intervention; these programs included training for police, schools, and social workers as well as hotlines and other platforms for reporting violence.

Early and Forced Marriage: The legal minimum age of marriage is 18. A court can allow a minor older than 16 to marry if the minor is mature enough to “enjoy the rights and fulfill the responsibilities of marriage.” Child marriages occurred in Romani communities but were not legal marriages; there were few reliable statistics on their prevalence. UNICEF reporting on child marriages in Romani communities stated the prevalence of child marriages in those communities had steadily increased. More than half of Romani girls were married by the age of 18, and one in five was married before the age of 15.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, to include selling, offering, or procuring for prostitution, and practices related to child pornography; the government enforced the law, but the abuses nonetheless occurred. Evidence was limited, and the extent of the problem was unknown. The minimum age for consensual sex is 14, regardless of sexual orientation or gender. During the year media reported on several cases of children sexually exploited by their parents. In one case the Nis Appellate Court in July confirmed a higher court’s ruling against a man who sexually abused his stepdaughter, who had mental disabilities, and forced her into prostitution from 2013 to 2018. The perpetrator was sentenced to 16 years in prison. The ombudsman’s 2018 annual report acknowledged that adequate practical and normative measures to prevent the sexual abuse of children in the country did not exist.

Displaced Children: According to local NGOs and media reports, an estimated 2,000 homeless children lived on Belgrade’s streets.

Institutionalized Children: Children in orphanages and institutions were sometimes victims of physical and emotional abuse by caretakers and guardians and of sexual abuse by their peers. The law on social protection prioritizes the deinstitutionalization of children, including those with mental or physical disabilities, and their placement in foster families. Children with disabilities who were housed in institutions faced problems, including isolation, neglect, and a lack of stimulation. Institutions were often overcrowded, and children were mixed with adults in the same facility. The Mental Disability Rights Initiative Serbia expressed concern over the violation of rights of institutionalized children, noting that 60 percent of institutionalized children with disabilities were excluded from the educational system. The majority of children with mental disabilities remained excluded from the educational system due to structural obstacles and prevalent discrimination that prevented them from entering formal education.

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 2011 census, 787 persons in the country identified as Jewish. While the law prohibits hate speech, Jewish community leaders reported that translations of anti-Semitic literature were available from ultranationalist groups and conservative publishers. Anti-Semitic works, such as the forged Protocols of the Elders of Zion, were available for purchase from informal sellers or used bookshops or posted online. Right-wing groups maintained several websites and individuals hosted chat rooms (although many were inactive) that openly promoted anti-Semitic ideas and literature. Anti-Semitic graffiti continued to be discovered throughout the country, including graffiti depicting swastikas on the wall of a foreign diplomatic mission in Belgrade.

Holocaust education continued to be a part of the school curriculum at the direction of the Ministry of Education, including in the secondary school curriculum. The role of the collaborationist National Salvation government run by Milan Nedic during the occupation by Nazi Germany was debated. Some commentators continued to seek to minimize and reinterpret the role of the national collaborators’ movements during World War II and their role in the Holocaust.

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

The constitution and supporting laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. The government did not enforce these laws effectively, and according to the EC’s 2019 report on the country, “No progress has been made on the rights of persons with disabilities.” Persons with disabilities and their families experienced stigmatization and segregation because of deeply entrenched prejudices and a lack of information. According to the commissioner for the protection of equality’s 2018 annual report, the highest number of complaints filed concerned alleged instances of discrimination on grounds of disability. Most of these complaints related to accessibility issues in public spaces, which limited the ability of persons with disabilities to access public services including postal services, healthcare, and other government services. The report identified persons with disabilities as “one of the most vulnerable groups of the population across all areas of social life.” According to the World Health Organization, persons with disabilities represented 15 percent of the country’s population.

The law requires all public buildings to be accessible to persons with disabilities, but public transportation and many older public buildings were not accessible. Many children and adults with intellectual disabilities remained in institutions, sometimes restrained or isolated. Persons with disabilities were even inadvertently excluded from some events promoting inclusion, demonstrating low government capacity to consider accessibility when planning public events. In June the municipal government in Nis organized a debate on inclusion of persons with disabilities on the fifth floor of a building without an elevator. Ivan Novkovic and other mobility-impaired activists were unable to attend the debate or participate in the event.

According to the commissioner for protection of equality’s 2018 report, children with disabilities were often prohibited from attending school with children without disabilities or were denied adequate support to be able to pursue their education. Segregated schools for children with learning disabilities continued to limit their educational attainment and stifle their economic potential. NGOs and journalists reported that thousands of children with disabilities (institutionalized and noninstitutionalized) were not enrolled in school.

The Ministry of Labor, Employment, Veterans, and Social Issues; the Ministry of Education, Science and Technological Development; and the Ministry of Health had sections with responsibilities to protect persons with disabilities. The Ministry of Labor had a broad mandate to engage with NGOs, distribute social assistance, manage residential institutions, and monitor laws to provide protection for the rights of persons with disabilities. The ministry issued a call for project proposals to improve accessibility throughout the country; the ministry had made 180 million dinars ($1.8 million) available to fund these programs.

According to media reports, approximately 13,000 persons with disabilities were unemployed at the end of 2018. There were 52 companies licensed for professional rehabilitation and employment of persons with disabilities in the country. The National Employment Agency provided subsidies of 180,000 dinars ($1,800) to these firms for each qualified hire of a person with a disability. Labor force participation of persons with disabilities remained low.

According to the commissioner for the protection of equality, Roma were subject to many types of discrimination; independent observers and NGOs stated that systemic segregation and discrimination of Roma continued. The number of complaints received by the commissioner for the protection of equality concerning discrimination based on ethnicity decreased in 2018. Nearly half of them were made by ethnic Roma.

Ethnic Albanians were subject to discrimination and disproportionately unemployed. Overt discrimination against ethnic Albanians was strongly correlated with developments in the country’s dialogue with Kosovo. In one example, on April 27, individuals gathered in front of an Albanian-owned bakery in Borca, after photographs of the owner’s cousin making a hand gesture associated with Albania were spotted on Facebook; the group shouted nationalistic slogans and hateful messages, played Serbian patriotic songs, and affixed stickers stating “Kosovo is Serbia” to the windows of the bakery. The group threw a pig’s head at the bakery, and a group of protesters barged into the building and was escorted out by police; no arrests were made. The Minister of Interior later commented, “The gathering ended without any incident, and police did not and will not allow violations of public order and peace.” A similar event occurred at an ethnic Albanian-owned bakery in Dolovo in March.

The government took some steps to counter violence and discrimination against minorities. The stand-alone government Office for Human and Minority Rights supported minority communities. Civic education classes, offered by the government as an alternative to religion courses in secondary schools, included information on minority cultures and multiethnic tolerance.

Hate speech occurred, however, including by senior government officials, including Defense Minister Aleksandar Vulin, who used a pejorative racial slur for Albanians in a May speech. In April the director of the Office for Kosovo and Metohija, Marko Djuric, used the same term in a public press release. The Appellate Court in Belgrade characterized the use of the term as hate speech in a 2018 case against the tabloid Informer by a civil society organization. On April 25, the Appellate Court in Belgrade confirmed the ruling of the Higher Court in Belgrade in the case of the Lawyers’ Committee for Human Rights against tabloid Kurir that found its editor in chief responsible for hate speech against the Albanian minority.

Ethnic Albanian leaders in the southern municipalities of Presevo, Medvedja, and Bujanovac along with Bosniaks in the southwestern region of Sandzak complained they were underrepresented in state institutions at the local level. National minority councils represented the country’s ethnic minority groups and had broad competency over education, media, culture, and the use of minority languages. New council members were seated following the November 2018 minority council elections and were to serve four-year terms.

According to the director of the Government Office for Human and Minority Rights, more than 60,000 minority schoolchildren received education in their mother tongue. The government made some progress in approving new mother tongue textbooks, but not all the textbooks in minority languages were available at the beginning of the 2019-20 school year.

Although the law prohibits discrimination based on sexual orientation and gender identity, the law does not describe specific areas in which discrimination is prohibited but is generally interpreted as applying to housing, employment, nationality laws, and access to government services such as health care. The government did not enforce these laws effectively, and violence and discrimination against members of the LGBTI community were serious problems. A new regulation on registry books effective January 1 allowed transgender individuals to update legal identity documents to reflect their gender identity after one year of hormone therapy and psychological counselling. Transgender individuals still lacked many protections and were subject to discrimination in all realms of public life.

According to civil society organizations, there were 500,000 LGBTI persons in the country. Credible NGOs noted a lack of significant progress in establishing dialogue, educating the public on LGBTI issues, and addressing hate crimes and bias-motivated violence.

According to NGOs, activists, and independent institutions, discrimination against members of the LGBTI community continued. The commissioner for the protection of equality found that LGBTI persons seldom reported instances of violence and discrimination because they lacked trust in relevant institutions, and feared stigmatization and secondary victimization. Data from a number of research papers and reports indicated that homophobia and transphobia were deeply rooted in society.

According to research conducted by the NGO Labris in 2018, among LGBTI persons, 58.9 percent reported they had suffered some kind of discrimination. The most frequent type of discrimination was intimidation followed by sexual harassment. Other forms of discrimination noted were discrimination, denial of some rights, and harassment in the workplace. According to a report by the NGO Let it Be Known, sexual orientation and gender identity were the motives for 42 instances of violence and discrimination in 2018. The number of attacks reported to the organization in 2019 was 30 percent higher than in the previous year. Of 42 cases that were reported, 33 were qualified as criminal offenses, five were instances of discrimination, three were a combination of a criminal offense and discrimination, and one was a case of hate speech.

In February, two incidents of vandalism and intimidation took place in front of the Belgrade Pride Info Center, a community center dedicated to the promotion of rights of the LGBTI community in the country. On February 8, seven individuals banged on the doors and insulted employees at the center. Police arrested four attackers the same day, and the case was forwarded to the prosecutor’s office for further action. On February 18, during the “Kosovo is Serbia” protest, demonstrators vandalized the windows of the center.

In 2018 the courts issued their first verdict using the country’s hate crime provision. Hate crimes are not stand-alone offenses but can be deemed an aggravating factor to be considered during sentencing. The case involved multiple episodes of domestic violence perpetrated against a gay man by his father in the family home. The perpetrator was given a three-year suspended sentence. Activists criticized the sentence as being too light because the perpetrator would not serve prison time as long as he met the conditions of his suspended sentence.

On September 15, the Belgrade Pride parade was held for a sixth consecutive year after police stopped several dozen counterprotesters walking towards the parade route; no security incidents were reported. Police shut down a portion of central Belgrade to secure the route and prevent harassment of the nearly 1,000 participants who marched through central Belgrade. The law enforcement presence was significantly less than in previous years. Prime Minister Ana Brnabic attended the march with her same-sex partner. The organizers of Pride Week demanded the protection of human rights of LGBTI individuals. Novi Sad, the country’s second largest city, held its inaugural pride assembly in May to mark the International Day against Homophobia, Transphobia, and Biphobia. The organizers of this event had requested a permit to hold a parade through downtown Novi Sad. The event was approved but was limited to a cordoned off plaza secured by the police; the deputy mayor of Novi Sad delivered remarks at the assembly. An estimated 50 counterprotesters assembled outside of the police cordon and shouted slurs and threats in the direction of the assembly. Civil society activists also reported threats and defamation against participants following the event.

According to government officials and NGOs, there was significant prejudice against persons with HIV/AIDS in all aspects of public life, including employment, housing, and access to public services. According to data from the Institute for Public Health “Batut,” 94 persons were registered as HIV positive between January and June, and 26 persons were identified as having AIDS. The Ministry of Health provided antiretroviral therapy to all infected persons. The commissioner for the protection of equality’s annual report noted that persons with HIV/AIDS were extremely vulnerable to discrimination but were often unwilling to make a complaint, making the scale of the problem difficult to define.

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for the right of workers to form and join independent unions of their choice, bargain collectively, and conduct legal strikes. Trade unions must register with the Ministry of Labor, Employment, Veterans, and Social Affairs, and employers must verify that union leaders are full-time employees. The government designated more than 50 percent of the workforce as “essential,” and these workers faced restrictions on the right to strike. Essential workers must provide 10 days’ advance notification of a strike as well as provide a “minimum level of work” during the strike. By law strikes can be staged only on the employer’s premises. The law prohibits discrimination based on trade union membership but does not provide any specific sanctions for antiunion harassment, nor does it expressly prohibit discrimination against trade union activities. The law provides for the reinstatement of workers fired for union activity, and fired workers generally returned to work quickly.

The Confederation of Autonomous Trade Unions of Serbia, a federation of unions that operated independently but was generally supportive of government policies, had more members than independent labor unions in both the public and private sector. Independent trade unions are able to organize and address management in state-owned companies on behalf of their members.

The labor law protects the right to bargain collectively, and this right was effectively enforced and practiced. The law requires collective bargaining agreements for any company with more than 10 employees. To negotiate with an employer, however, a union must represent at least 15 percent of company employees. The law provides collective bargaining agreements to employers who are not members of the employers’ association or do not engage in collective bargaining with unions. The law stipulates that employers subject to a collective agreement with employees must prove they employ at least 50 percent of workers in a given sector to apply for the extension of collective bargaining agreements to employers outside the agreement.

The government generally enforced the labor law with respect to freedom of association and collective bargaining, and penalties were generally sufficient to deter violations. Both public- and private-sector employees may freely exercise the right to strike, although no strikes occurred during the year. The Labor Inspectorate lacked adequate staffing and equipment, which limited the number of labor inspections as a means of enforcing the labor law.

There were sometimes allegations of antiunion dismissals and discrimination. Labor NGOs worked to increase awareness regarding workers’ rights and to improve the conditions of women, persons with disabilities, and other groups facing discrimination in employment or occupation.

The constitution prohibits forced and compulsory labor. The law also prohibits all forms of labor trafficking and “slavery or a relationship similar to slavery.” The government generally enforced the law, but incidents of forced labor were occasionally reported. Citizens of the country, particularly men, were reportedly subjected to labor trafficking in labor-intensive sectors, such as the construction industry in Russia, other European countries, and the United Arab Emirates. Penalties for violations within the country were generally sufficient to deter violations.

A number of children, primarily from the Roma community, were forced to engage in begging, theft, domestic work, commercial sexual exploitation, and other forms of 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/.

The minimum age for employment is 15, and youths younger than 18 require written parental or guardian permission to work. The labor law stipulates specific working conditions for minors and limits their workweek to 35 hours, with a maximum of eight hours work per day with no overtime or night work. In 2018 parliament adopted the Law on Simplified Hiring of Seasonal Labor in Certain Economic Areas, which regulates seasonal work, including in agriculture, and specifies that a work contract be required to employ minors.

The Labor Inspectorate of the Ministry for Labor, Employment, Veterans, and Social Policy is responsible for enforcing child labor laws. The criminal code does not treat child beggars as victims, and the country’s Social Welfare Centers were overburdened, limiting efforts to combat child labor, including its worst forms. According to the inspectorate, in 2018 inspectors did not register any labor complaints involving children under the age of 15. Inspectors registered 39 cases, however, involving the registered employment of youths between the ages of 15 and 18, contrary to the provisions of the Labor Law, in the areas of hospitality, car washing, car repair, bakeries, construction, retail and groceries, and various personal services. Inspectors issued 16 decisions ordering employers either to terminate employment contracts or to obtain the required parental permission and approval from the authorized health institution and submit applications for the social security contributions. Misdemeanor proceedings were initiated in 15 cases, and a criminal charge was filed in one case.

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor. Gaps existed, however, within the operations of the Ministry of Labor, Employment, Veteran, and Social Affairs that hindered adequate enforcement of their child labor laws. In villages and farming communities, underage children commonly worked in family businesses. In urban areas, children, primarily Roma, worked in the informal sector as street vendors, car washers, and garbage sorters.

With regard to the worst forms of child labor, traffickers subjected children to commercial sexual exploitation, used children in the production of pornography and drugs, and sometimes forced children to beg and commit crimes. Some Romani children were forced into manual labor or begging.

The government’s enforcement efforts and penalties were not sufficient to deter violations of the law in either the formal or informal sectors. The law provides penalties for parents or guardians who force a minor to engage in begging, excessive labor, or labor incompatible with his or her age, but it was inconsistently enforced, and beggars were treated as offenders. The Labor Inspectorate reported no children being removed from labor situations because of convictions.

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

Labor laws prohibit direct and indirect discrimination in employment and occupation and the government enforced these laws with varying degrees of effectiveness. Penalties and enforcement were not sufficient to deter violations.

Discrimination in employment and occupation reportedly occurred with respect to race, sex, disability, language, sexual orientation, gender identity, ethnicity, and HIV-positive status. In 2018 labor inspectors issued 16 decisions regarding discrimination at work and seven related to gender equality. In the labor force, women experienced discrimination in hiring, underrepresentation in management, and lower compensation than their male colleagues.

In one example, in August, Snezana Pesovic went public with a case of discrimination against her employer. Pesovic claimed that despite being an employee for 12 years, she remained unregistered and her employer did not make health insurance or pension contributions, as the law requires. Upon learning she was pregnant, Pesovic asked her employer to register her so she could receive maternity benefits. Her employer agreed but only under the condition that she pay the contributions herself and sign a voluntary termination agreement that allowed the employer to terminate her at the employer’s convenience. By the end of her maternity leave, the benefit she was receiving of 26,000 dinars ($244) was less than the contributions of 30,000 dinars ($282) her employer was forcing her to make. Her employer invoked the voluntary termination option when her case appeared in the media. The commissioner for the protection of equality agreed to take the case and represent Pesovic in a lawsuit against her employer.

The commissioner for the protection of equality’s 2018 annual report identified 197 discrimination complaints in the area of labor and employment, which accounted for 20.8 percent of the total 947 complaints received in 2018. The highest number of discrimination complaints involved accommodation for persons with disabilities, followed by allegations of discrimination based on age, gender, birth, health status, national or ethnic origin, marital or family status, and sexual orientation.

The EC’s Serbia 2019 Report identified Roma, LGBTI persons, persons with disabilities, persons with HIV/AIDS, and other vulnerable individuals as the groups most subject to discrimination. A study by the Center for Free Elections and Democracy found discrimination was most frequent in hiring and employment, with the state and its institutions as the major discriminators. The law provides for equal pay, but employers frequently did not observe these provisions. According to a 2017 report by the country’s statistics office, women earned on average 22 percent less per month than their male counterparts. Other reports showed their career advancement was slower, they were underrepresented in most professions, and they faced discrimination related to parental leave.

The International Labor Organization noted allegations that the law restricting the maximum age of employees in the public sector, adopted in 2015, is discriminatory because it obliges women workers in the public sector to retire at age 62, whereas male workers can work up to the age of 65. The law states that the retirement age for women will continue to increase incrementally until the retirement age is 65 for both men and women. Persons with disabilities faced discrimination in hiring and access to the workplace.

The monthly minimum wage was above the poverty level for a single-member household but below the poverty level for a household with multiple members.

The Labor Inspectorate is responsible for enforcing the minimum wage. Companies with a trade union presence generally respected minimum wage requirements because of monitoring by the union. Some smaller, private-sector employers, however, were unwilling or unable to pay minimum wages and mandatory social benefits to all their employees, leading those companies to employ unregistered, off-the-books workers. Unregistered workers, paid in cash without social or pension contributions, frequently did not report labor violations because they feared losing their jobs. Informal arrangements existed most often in the trade, hotel and restaurant, construction, agriculture, and transport sectors. The most frequently reported legal violations in the informal sector related to contractual obligations, payment of salaries, changes to the labor contract, and overtime. According to labor force survey data, informal employment represented 17.1 percent of total employment in the first quarter of the year, 1.5 percent lower than a year earlier. Independent estimates suggested the informal sector might represent up to 30 percent of the economy.

The law stipulates a standard workweek of 40 hours and provides for paid leave, annual holidays, and premium pay for night and overtime hours. A worker may have up to eight hours of overtime per week and may not work more than 12 hours in one day, including overtime. One 30-minute break is required during an eight-hour workday. At least a 12-hour break is required between shifts during a workweek, and at least a 24-hour break is required over a weekend. The standard workweek and mandatory breaks were observed in state-owned enterprises but sometimes not in smaller, private companies, where the inspectors and unions had less ability to monitor practices.

The labor law requires that the premium for overtime work be at least 26 percent of the base salary, as defined by the relevant collective bargaining agreement. Trade unions within a company were the primary agents for enforcing overtime pay, although the Labor Inspectorate had enforcement responsibilities in companies and industries without union presence.

The law requires that companies must establish a safety unit to monitor observance of regulations regarding safety and the protection of personal health. These units often focus on rudimentary aspects of occupational safety and health (such as purchasing soap and detergents), rather than on providing safety equipment for workers. In cases in which the employer did not take action, an employee may report to the Labor Inspectorate. Employers may call the Labor Inspectorate if they believe an employee’s request related to safety and health conditions is not justified.

In case of a direct threat to life and health, employees have the right to take action or to remove themselves from the job or situation without responsibility for any damage it may cause the employer and without jeopardy to their employment. In 2018 the Labor Inspectorate completed 26,515 safety and health at work inspections involving more than 304,000 employees. Inspectors issued 5,773 decisions on deficiencies in safety and health conditions in the workplace, including 823 decisions barring an employee from continuing to work due to a hazardous condition that endangered their health or safety, a 55 percent increase from 2017. In addition, 40 criminal charges and 1,471 requests for misdemeanor proceedings were filed against individuals for failure to provide a safe workplace for employees. The Labor Inspectorate employed inspectors and was responsible for worker safety and health, but they were insufficient to enforce compliance.

The government protected employees with varying degrees of effectiveness. In 2018, for inspections outside the scope of occupational safety and health, the Labor Inspectorate completed 42,688 labor inspections involving more than 325,000 employees and uncovered 17,026 informal employment arrangements within legal entities. Following the inspections, formalized employment contracts were granted to 13,869 (82 percent) workers. According to the Labor Inspectorate, the most common violations of workers’ rights involved work performed without an employment contract; nonpayment of salary, overtime, and benefits; employers not following procedures in terminating employment contracts; nonpayment of obligatory pension and health contributions; and employers withholding maternity leave allowances. The inspectorate recorded 53 workplace accidents in which an employee died. Cases of death and injury were most common in the construction, transportation and storage, agricultural, and industrial sectors of the economy.

Rape and Domestic Violence: Rape, spousal rape, and domestic abuse are criminal offenses for which conviction is punishable by up to 20 years’ imprisonment. Nevertheless, rape was a problem, and the government generally did not enforce the law effectively. Authorities in general did not prioritize domestic abuse cases and police were undertrained in handling sexual assault cases. Many victims did not report rape due social stigma and a reluctance to enter into lengthy court case.

Domestic violence against women was a widespread problem. There is no specific domestic violence law, although legislation has been under consideration for many years. Officials reported that through September courts heard 356 domestic violence cases, nine more than in the same period in 2018. A gender-based violence survey published in 2018 indicated that 58 percent of women had been assaulted, mainly by their partners, with one of 10 women having been raped. There were four homicides in January, all resulting from domestic disputes. Police rarely responded to domestic disputes, although media continued to draw attention to the problem.

The Family Squad–a special police unit that addresses domestic violence and other family problems–became part of the Criminal Investigation Unit during the year. The Social Affairs Division of the Ministry of Family Affairs as well as NGOs provided counseling services to victims of rape and domestic violence. The ministry’s Gender Secretariat conducted anti-gender-based violence outreach campaigns. In November 2018 the first shelter for victims of gender-based violence opened but was rarely used, due to a lack of procedure for admission and a no children policy.

Sexual Harassment: The law prohibits sexual harassment, but enforcement was rare. The penal code provides no penalty for conviction of sexual harassment, although the court may order a person accused of such conduct to “keep a bond of peace” that allows the court to assess a fine if the harasser fails to cease the harassment. In the workplace, the Employment Act states that an employer may not harass a worker.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although society is largely matriarchal, the law provides for the same legal status and rights for men as for women, including equal treatment under family, property, nationality, and inheritance laws. While unwed mothers traditionally bear the burden of supporting their children, the law requires fathers to support their children financially. The Employment Act, as amended in 2015, provides fathers with 10 days of paid paternity leave upon the birth of a child.

There was no officially sanctioned economic discrimination against women in employment, access to credit, equal pay for equal work, or owning or managing a business. Women were well represented in both the public and private sectors. Inheritance laws do not discriminate against women.

Birth Registration: Citizenship is derived by birth in the country or if born abroad from Seychellois parents, and births in the country were generally registered immediately. For additional information, see Appendix C.

Child Abuse: Although the law prohibits physical abuse of children, child abuse was a problem. According to NGOs, physical abuse of children was prevalent. The strongest public advocate for young victims was a semiautonomous agency, the National Council for Children. The law prohibits corporal punishment in schools.

Early and Forced Marriage: On October 22, the National Assembly set the minimum age for marriage at 18 for men and women and rescinded a provision that had permitted girls as young as age 15 to marry with parental consent. The president, however, had not signed the change into law by year’s end. Child marriage was not a significant problem.

Sexual Exploitation of Children: The penal code and other laws define a child as a person younger than age 18 and criminalize practices related to child pornography and the commercial sexual exploitation, sale, offering, and procurement for prostitution of children. The law provides for a sentence of up to 20 years’ imprisonment for conviction of producing or possessing child pornography, as well as for a first conviction of sexual assault on a child younger than age 15, and a minimum 28 years’ imprisonment for a second conviction within 10 years of the first conviction. The law prescribes penalties of up to 25 years’ imprisonment and a fine up to 800,000 Seychellois rupees ($59,000) for conviction of child trafficking. There were no credible reports of commercial sexual exploitation of children or of child pornography during the year.

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 fewer than 10 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 constitution and law provide for special protections for persons with physical, sensory, intellectual, and mental disabilities, including reasonable provisions for improving quality of life, no laws address access to public buildings, transportation, or government services, and the government did not provide such services. Unlike in previous years, employed persons with disabilities were paid their salaries in full. Most children with disabilities were segregated in specialized schools. The National Council for the Disabled, a government agency under the Ministry of Family Affairs, developed work placement programs for persons with disabilities, although few employment opportunities existed.

In 2016 consensual same-sex sexual activity between men was decriminalized. Same-sex sexual activity between women was never criminalized. There were few reports of discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, although activists stated discrimination and stigma were common. LGBTI persons stated the government discriminated against them when applying for social housing.

There were no reports of violence or discrimination against persons with HIV/AIDS. Unlike in previous years, foreign citizens marrying a Seychellois were not required to undergo an HIV test. An independent National AIDS Council oversees all laws, policies, and programs related to HIV and AIDS.

a. Freedom of Association and the Right to Collective Bargaining

The law allows all workers, excluding police, military, prison, and firefighting personnel, to form and join independent unions and to bargain collectively. The law confers on the registrar discretionary powers to refuse registration of unions. Strikes are illegal unless arbitration procedures are first exhausted. Legislation requires that two-thirds of union members vote for a strike in a meeting specifically called to discuss the strike, and it provides the government with the right to call for a 60-day cooling-off period before a strike starts. The law provides for the minister responsible for employment to declare a strike unlawful if its continuance would endanger “public order or the national economy.” Anyone found guilty of calling an illegal strike may be fined 5,000 Seychellois rupees ($370) and imprisoned for up to six months.

Between 15 percent and 20 percent of the workforce was unionized. The law prohibits antiunion discrimination. It does not specifically state the rights of foreign or migrant workers to join a union. The government has the right to review and approve all collective bargaining agreements in the public and private sectors. The law also imposes compulsory arbitration in all cases where negotiating parties do not reach an agreement through collective bargaining. In the Seychelles International Trade Zone (SITZ), the country’s export processing zone, the government did not require adherence to all labor, property, tax, business, or immigration laws. The Seychelles Trade Zone Act supersedes many legal provisions of the labor, property, tax, business, and immigration laws. The Employment Tribunal handles employment disputes for private-sector employees. The Public Services Appeals Board handles employment disputes for public-sector employees, and the Financial Services Agency deals with employment disputes of workers in SITZ. The law authorizes the Ministry of Employment, Immigration, and Civil Status to establish and enforce employment terms, conditions, and benefits, and workers frequently obtained recourse against their employers through the ministry or the employment tribunal.

The government did not effectively enforce applicable laws. Penalties levied came in the form of fines and were often inadequate to deter violations. Cases involving citizens were often subject to lengthy delays and appeals, while foreigners were often deported.

The government effectively enforced the law and respected the right to participate in union activities and collective bargaining. The International Labor Organization continued to report insufficient protection against acts of interference and restrictions on collective bargaining. It urged the government to review provisions of the Industrial Relations Act concerning trade union registration and the right to strike. The law allows employers or their organizations to interfere by promoting the establishment of worker organizations under their control. Collective bargaining rarely occurred.

The law prohibits all forms of forced or compulsory labor, but government enforcement was ineffective. Penalties levied for violations were not sufficient to deter violations. Resources, inspections, and remediation were also inadequate. There were credible reports that forced labor occurred in the fishing, agriculture, and construction sectors, where most of the country’s nearly 19,000 migrants worked. Two cases of forced labor were prosecuted under the Employment Act and two cases under the 2014 Prohibition of Trafficking in Persons Act. There were several reports by the Association of Rights Information and Democracy concerning cases of forced labor, appalling living conditions, and nonpayment of salaries.

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

The law prohibits the worst forms of child labor and states the minimum age for employment is 15, “subject to exceptions for children who are employed part time in light work prescribed by law without harm to their health, morals, or education.” The law notes working in a family-owned shop as an example of “light work.” The law establishes a minimum age of 15 for hazardous work and defines what constitutes hazardous work. The law, however, does not provide for children performing hazardous work to receive adequate training or protect their health and safety in accordance with international standards.

The Ministry of Employment, Immigration, and Civil Status effectively enforced child labor laws. The penalty for employing a child younger than age 15 was sufficient to deter violations. The ministry handled such cases but did not report any case requiring investigation during the year.

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 .

Labor laws and regulations prohibit discrimination based on race, age, gender, color, nationality, language, religion, disability, HIV status, sexual orientation, or political or professional association.

The government effectively enforced these laws and regulations. Penalties levied came in the form of fines and were sufficient to deter violations.

Employment discrimination generally did not occur. Women received equal pay for equal work, as well as equal access to credit, business ownership, and management positions.

The government set mandatory minimum wage rates for employees in both the private and public sectors. The minimum wages were above the poverty line.

The legal maximum workweek varied from 45 to 55 hours, depending on the economic sector. Regulations entitled each full-time worker to a one-hour break per day and a minimum of 21 days of paid annual leave, including paid annual holidays. Regulations permitted overtime up to 60 additional hours per month. The law requires premium pay for overtime work.

The Ministry of Health issues comprehensive occupational health and safety regulations that are up-to-date and appropriate for the main industries. The law allows citizen workers to remove themselves from dangerous or unhealthy work situations, to report the employer to the Health and Safety Commission of the Department of Employment, and to seek compensation without jeopardizing their employment. The law provides for the protection of foreign workers.

The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Penalties levied were not sufficient to deter violations.

The Ministry of Health and the Department of Employment are responsible for visiting and inspecting worksites and workers’ accommodations. There were 13 safety and health inspectors in the country, an insufficient number to enforce compliance with health and safety laws.

Foreign workers, primarily employed in the construction and commercial fishing sectors, did not always enjoy the same legal protections as citizens. Companies in SITZ at times paid foreign workers lower wages, delayed payment of their salaries, forced them to work longer hours, and provided them with inadequate housing, resulting in substandard conditions.

In 2017 there were 84 occupational accidents reported. These accidents occurred most frequently in the accommodation and food services sector, transport, and storage industries.

Rape and Domestic Violence: The law criminalizes rape of both men and women. In February President Bio declared a State of Emergency against rape and sexual violence. In September parliament passed new legislation that raised the penalty for those convicted of rape to a minimum of 15 years’ imprisonment (see also section 6, Sexual Exploitation of Children). Previously, a conviction was punishable by between five- and 15-years’ imprisonment, although many offenders were given lesser prison terms. Press reports noted that in 2018 a man convicted of raping a six-year-old girl was given a one-year prison sentence. Rape was common and viewed more as a societal norm than a criminal problem. The law specifically prohibits spousal rape. Indictments were rare, especially in rural areas. A reluctance to use the judicial system by both victims and officials, combined with women’s lack of income and economic independence, helped perpetuate violence against women and impunity for offenders. During the year, despite the existence of the Family Support Unit (FSU) within the SLP and applicable legislation, reports of rapes, especially involving child victims, sharply increased.

The NGO Rainbo Initiative reported that its five centers assisting victims of sexual and gender-based violence had encountered 1,051 rape cases in the first half of the year. Rainbo, other civil society organizations, and government agencies assessed that thousands of rape cases go unreported. The perpetrators are often close family members or relatives who live alongside their victims. Of the 3,000 cases reported in 2018, 602 survivors became pregnant, seven contracted HIV/AIDS, and 2,404 developed sexually transmitted diseases. The Attorney General’s Office reported that only 39 of the 3,000 cases were prosecuted successfully. Many cases went unresolved due to lack of financial support, lack of forensic evidence, religious beliefs, inconsistency in the application of relevant law, and cultural beliefs.

Violent acts against women, especially wife beating and spousal rape, were common and often surrounded by a culture of silence. Conviction of domestic violence is punishable by a fine not exceeding five million leones ($555) and two years’ imprisonment. Victims seldom reported domestic violence due to their fear of social stigma and retaliation. The HRCSL observed that the incidence of sexual and gender-based violence continued to rise while arrests and convictions of perpetrators were negligible. A psychosocial worker of the NGO Rainbo Center blamed the structure of the justice system and lengthy court processes for the delay in accessing justice. First Lady Fatima Bio and NGOs such as the Rainbo Center actively promoted public awareness, calling on men to refrain from violence against women.

According to the FSU, medical and psychological services for rape victims were limited. The FSU often required victims to obtain a medical report for the filing of charges. Although the law provides that the victim of a sexual offense shall be entitled to free medical treatment and medical reports, many victims had to pay for these medical services, and most government doctors charged fees that were prohibitively expensive for the victims. Although the law provides that the victim of a sexual offense shall be entitled to free medical treatment and medical reports, many victims had to pay for these medical services.

Female Genital Mutilation/Cutting (FGM/C): The law does not prohibit FGM/C for women or girls. According to a 2017 UNICEF report, 86.1 percent of women between the ages of 15 and 49 have undergone a form of genital mutilation/cutting. FGM/C is considered a traditional rite of passage into womanhood. UNICEF polling indicated that societal support for FGM/C remained strong in the country. During the year one young woman who underwent FGM/C died of blood loss.

For more information, see Appendix C.

Sexual Harassment: The law criminalizes sexual harassment, but authorities did not always effectively enforce it. It is unlawful to make unwanted sexual advances, repeatedly follow or pursue others against their will, initiate repeated and unwanted communications with others, or engage in any other “menacing” behavior. Conviction of sexual harassment is punishable by a fine not exceeding 14.3 million leones ($1,580) or imprisonment not exceeding three years. No reliable data was available on the prevalence of sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. See Appendix C for information on maternal mortality.

Discrimination: The law provides for the same legal status and rights for men and women under family, labor, property, and inheritance law. Women continued to experience discriminatory practices. Their rights and positions are largely contingent on customary law and the ethnic group to which they belong. The law provides for both Sierra Leonean fathers and mothers to confer nationality to children born abroad. The law provides for equal remuneration for equal work without discrimination based on gender. Either spouse may acquire property in their own right, and women may obtain divorce without being forced to relinquish dowries.

The Ministry of Social Welfare, Gender, and Children’s Affairs reported that women faced widespread societal discrimination, particularly in matters of marriage, divorce, property, and inheritance, which are guided by customary law in all areas except Freetown. Formal law applies in customary as well as formal courts, but customary judges had limited or no legal training and often were unaware of formal law or chose to ignore it. Women’s rights and status under customary law varied significantly depending upon the ethnic group to which they belonged, but such rights and status were routinely inferior to those of men. Under customary law, women’s status in society is equal to that of a minor. Women were frequently perceived to be the property of their husbands and to be inherited on his death with his other property.

Discrimination occurred in access to credit, equal pay for similar work, and the ownership and management of a business. Women did not have equal access to education, economic opportunities, health facilities, or social freedoms. In rural areas, women performed much of the subsistence farming and had little opportunity for formal education. Women also experienced discrimination in access to employment, and it was common for an employer to dismiss a woman if she became pregnant during her first year on the job. The law does not prohibit dismissal of pregnant workers based on pregnancy.

The Ministry of Social Welfare, Gender, and Children’s Affairs has a mandate to protect the rights of women, but most international and domestic NGOs asserted the ministry did not have the resources, infrastructure, and support of other ministries to handle its assigned projects effectively. The ministry routinely relied on the assistance of international organizations and NGOs to help combat women’s rights abuses.

Birth Registration: Although the constitution explicitly prohibits discrimination based on race, tribe, gender, place of origin, political opinion, color, and religion, the constitution also denies citizenship at birth to persons who are not of “Negro-African descent.” Non-Africans who have lived in the country for at least eight years (two years for foreigners married to Sierra Leonean citizens) may apply for naturalization, subject to presidential approval. Citizenship derived by birth is restricted to children with at least one parent or grandparent of Negro-African descent who was born in the country. Children not meeting the criteria must be registered in their parents’ countries of origin.

Birth registration was not universal due to outdated birth registration law and inadequate staffing of government registry facilities. Lack of registration did not affect access to public services or result in statelessness. For additional information, see Appendix C.

Education: Despite President Bio’s Free Quality Education Program launched in August 2018, pregnant girls continued to be prohibited from attending classes on the grounds that they were a “bad moral influence.” Amnesty International and two local NGOs challenged the ban before the ECOWAS Court of Justice. In October the government announced that pregnant girls “may take maternity break during critical times of pregnancy,” may take examinations, and were encouraged to resume school after childbirth. On December 12, the ECOWAS Court of Justice ruled against the government’s ban that prevented pregnant girls from attending school. According to UNICEF, child marriage is a major restriction on girls’ education.

Child Abuse: A pattern of violence against and abuse of children existed, and according to the FSU, it increased between July and August when schools were closed. The FSU reported child abuse, including sexual violence and abandonment, increased from 2018. FSU personnel were trained in dealing with sexual violence against children, and cases of child sexual abuse generally were taken more seriously than adult rape cases.

Early and Forced Marriage: The legal minimum age of marriage is 18. According to UNICEF’s world children report of 2017, 39 percent of girls in the country are married before their 18th birthday and 13 percent before their 15th birthday. The report stated that child marriage in the country is linked to poverty and lack of education, and it varies among regions of the country. The Sierra Leone Integrated Household Survey 2018 concluded that, by the time a woman reaches 19, she has already had two children. During the year the Office of the First Lady implemented Let Girls be Girls, Not Mothers, a two-year national strategy to reduce teenage pregnancy.

According to UNICEF, the country is one of 12 selected to be part of the UN Population Fund and UNICEF’s global program to accelerate action to end child marriage and teenage pregnancy, and there was evidence the practices were declining.

Sexual Exploitation of Children: The minimum age of consensual sex is 18. Although the law criminalizes the sexual exploitation of children, sale of children, child trafficking, and child pornography, enforcement remained a challenge and conviction numbers remained low. In many cases of sexual assault of children, parents accepted payment instead of taking the perpetrator to court due to difficulties dealing with the justice system, fear of public shame, and economic hardship.

Responding to the high incidence of sexual and gender-based violence and other problems affecting women, in December 2018, First Lady Fatima Bio launched a broad initiative entitled, Hands Off Our Girls, focused on child marriage, teenage pregnancy, sexual-based violence, and child trafficking and prostitution. President Bio called on the country to stop all forms of discrimination against women and to restore the pride and dignity of women and girls. In February President Bio proclaimed in an emergency decree that the rape of a minor would result in a life sentence. The president’s decree expired in June when a bill to amend the Sexual Offences Act, 2012, was introduced in parliament as a direct result of the proclamation. On September 19, parliament passed the Sexual Offences (Amendment) Act, 2019, that increased the maximum penalty for rape and sexual penetration of a minor from 15-years’ to life imprisonment. The law also increased the minimum sentence for rape of a minor to 15 years in prison and made provisions for the introduction of a new “aggravated sexual assault” offense.

According to a UNICEF case study in 2017, the FSU estimated more than 1,000 children experience sexual violence each year.

Displaced Children: During the year the NGO Help a Needy Child International reported that approximately 50,000 children worked and lived on the street, with 45,000 of them engaged in artisanal gravel production in the Western Area.

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.

There was no Jewish community, 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 discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment and provision of state services, including judicial services. The government did not effectively implement the law and programs to provide access to buildings, information, and communications. The government-funded Commission on Persons with Disabilities is charged with protecting the rights and promoting the welfare of persons with disabilities. In view of the high rate of general unemployment, work opportunities for persons with disabilities were limited, and begging was commonplace. Children with disabilities were also less likely to attend school than other children. According to the Coordinator of the National Disability Coalition (NDC), the coalition received six cases of applicants claiming their employment was denied due to disability. The NDC stated the actual number of incidents is likely much higher.

There was considerable discrimination against persons with mental disabilities. The vast majority of persons with mental disabilities received no treatment or public services. At the Sierra Leone Psychiatric Hospital in Kissy, the only inpatient psychiatric institution that served persons with mental disabilities, authorities reported that only one consulting psychiatrist was available, patients were not provided sufficient food, and restraints were primitive and dehumanizing. The hospital lacked running water and had only sporadic electricity. Only basic medications were available.

The Ministry of Health and Sanitation is responsible for providing free primary health-care services to persons with polio and diabetic retinopathy as well as to blind or deaf persons. The ministry did not provide these services consistently, and organizations reported many persons with disabilities had limited access to medical and rehabilitative care. At year’s end the ministry had not established the legally required medical board to issue Permanent Disability Certificates that would make persons with disabilities eligible for all the rights and privileges provided by law. The Ministry of Social Welfare, Gender, and Children’s Affairs has a mandate to provide policy oversight for problems affecting persons with disabilities but had limited capacity to do so.

Strong ethnic loyalties, biases, and stereotypes existed among all ethnic groups. Ethnic loyalty was an important factor in the government, armed forces, and business. Complaints of ethnic discrimination in government appointments, contract assignments, and military promotions were common. Little ethnic segregation was apparent in urban areas, where interethnic marriage was common.

Residents of non-African descent faced some institutionalized discrimination, particularly in the areas of citizenship and nationality (see sections 3, Participation of Women and Minorities, and 6, Birth Registration).

An 1861 law prohibits male-to-male sexual acts, but there is no legal prohibition against female-to-female sex. The law, which carries a penalty of life imprisonment for “indecent assault” upon a man or 10 years’ imprisonment for attempting such an assault, was not enforced. The constitution does not offer protection from discrimination based on gender identity or sexual orientation. Sexual orientation and gender-identity civil society groups alleged that because the law prohibits male-to-male sexual activity, it limits lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from exercising their freedoms of expression and peaceful assembly. The law, however, does not restrict the rights of persons to speak out on LGBTI human rights. No hate crime law covers bias-motivated violence against LGBTI persons. The law does not address transgender persons.

A few organizations, including Dignity Association, supported LGBTI persons, but they maintained low profiles. LGBTI groups alleged that police were biased against them.

LGBTI advocates reported that the community faced challenges ranging from violence, stigma, discrimination, blackmailing, arbitrary arrest, and public attack to denial of public services such as health care and justice. Some private hotels reportedly charged double the rate for same-sex occupants. Advocates also said LGBTI persons faced discrimination in schools. The government reportedly registered a transsexual organization in 2018, and advocates said the Human Rights Commission was engaged on LGBTI matters.

In the areas of employment and education, sexual orientation or gender identity were bases for abusive treatment, which led individuals to leave their jobs or courses of study. It was difficult for LGBTI individuals to receive health services; many chose not to seek medical testing or treatment due to fear their right to confidentiality would be ignored. Obtaining secure housing was also a problem for LGBTI persons. Families frequently shunned their LGBTI children, leading some to turn to sex work to survive. Adults risked having their leases terminated if their LGBTI status became public. Women in the LGBTI community reported social discrimination from male LGBTI persons and the general population.

As of September there was no information regarding any official action by government authorities to investigate or punish public entities or private persons complicit in abuses against LGBTI persons.

The law prohibits discrimination based on actual, perceived, or suspected HIV status, but society stigmatized persons with HIV/AIDS. The Network of HIV Positive in Sierra Leone (NETHIP-SL) in 2017 informed stakeholders and government officials that HIV/AIDS stigma was on the increase. NETHIP-SL reported that adults with HIV/AIDS lacked employment and promotion opportunities. There were also reports men often divorced their wives due to HIV/AIDS status, leaving the latter without financial support. NETHIP-SL reported children were denied access to education because of their HIV status and the problem of children with HIV/AIDS was missing from the HIV/AIDS prevention process.

a. Freedom of Association and the Right to Collective Bargaining

The law allows workers in both the public and private sectors to join independent unions of their choice without prior authorization, bargain collectively, and conduct legal strikes, but it prohibits police and members of the armed services from joining unions or engaging in strike actions. The International Trade Union Confederation raised concerns about onerous union registration requirements as well as administrative means of dissolving unions without cause. The law allows workers to organize but does not prohibit discrimination against union members or prohibit employer interference in the establishment of unions. The government may require that workers provide written notice to police of an intent to strike at least 21 days before the planned strike. The law prohibits workers at certain specified public utilities from going on strike. Labor union officials, however, pointed out that public utility workers frequently went on strike (and were in fact among those union employees most likely to strike), the legal prohibition notwithstanding.

The government generally protected the right to bargain collectively. Collective bargaining was widespread in the formal sector, and most enterprises were covered by collective bargaining agreements on wages and working conditions. Although the law protects collective bargaining activity, the law required that it must take place in trade group negotiating councils, each of which must have an equal number of employer and worker representatives. There were no other limits on the scope of collective bargaining or legal exclusions of other particular groups of workers from legal protections.

While labor unions reported that the government generally protected the right of workers in the private sector to form or join unions, the government has not enforced applicable law through regulatory or judicial action.

The government generally respected freedom of association. All unions were independent of political parties and the government. In some cases, however, such as the Sierra Leone Teachers’ Union, the union and government had a close working relationship.

In December 2018 the Sierra Leone Labor Congress (SLLC), the umbrella body of labor unions, claimed government interference after an election for a union affiliate was disrupted and eight union leaders and members were arrested and detained. The vice president of the SLLC and the president of the National Commercial Motor Bike Riders Union were among those arrested. The SLLC met with President Bio, and the detained individuals were eventually released after protests.

The constitution prohibits all forms of forced and compulsory labor, including by children. Penalties for both sex and labor trafficking include fines and imprisonment, but enforcement was insufficient to deter violations. By law individual chiefs may impose forced labor (compulsory cultivation) as punishment. The government stated to the International Labor Organization (ILO) that this provision is unconstitutional and unenforceable, but sporadic incidences of its use have been reported in previous years. Chiefs also required villagers to contribute to the improvement of common areas. There is no penalty for noncompliance.

The government did not effectively enforce antitrafficking in persons law, was hindered by judicial inefficiencies and procedural delays, and has not convicted a trafficker since 2011.

Men, women, and child victims of forced labor originated largely from rural provinces within the country and were recruited to urban areas for artisanal and granite mining, petty trading, rock breaking, domestic servitude, and begging (see also section 7.c. and section 6, Sexual Exploitation of Children). The Ministry of Social Welfare, Gender, and Children’s Affairs reported it was aware of trafficking, domestic service, mining, or other activities, but it had no specific data on these forms of forced or compulsory labor.

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

The law does not prohibit or criminalize all of the worst forms of child labor. There is no law prohibiting the use, procurement, or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The law limits child labor, allowing light work, the conditions of which are not adequately defined by the law, at age 13, full-time nonhazardous work at 15, and hazardous work at 18. The law states that children younger than age 13 should not be employed in any capacity. Provided they have finished schooling, children age 15 may be apprenticed and employed full time in nonhazardous work. A government policy, however, continued to limit girls who are pregnant from attending public school, making them more vulnerable to the worst forms of child labor. The law also proscribes work by any child younger than age 18 between 8 p.m. and 6 a.m. While the law does not stipulate specific conditions of work, such as health and safety standards, it prohibits children younger than age 18 from being engaged in hazardous work, which the law defines as work that poses a danger to the health, safety, and “morals” of a person, including going to sea; mining and quarrying; porterage of heavy loads; chemicals manufacturing; work in places where machines are used; and work in places such as bars, hotels, and places of entertainment where a child may be exposed to “immoral behavior.” The prohibitions on hazardous work for children, including quarrying and sand mining, do not adequately cover the sectors where child labor is known to occur.

In remote villages, children were forced to carry heavy loads as porters, which contributed to stunted growth and development. There were reports that children whose parents sent them to friends or relatives in urban areas for education were forced to work on the street, where they were involved in street vending, stealing, and begging.

In September the Ministry of Labor and Social Security in collaboration with an international organization trained five labor officers. Additionally, an international donor agency provided training for labor inspectors to monitor child labor. The government did not effectively enforce applicable child labor-related law, in part due to lack of funding and limited numbers of labor inspectors in areas where child labor was prevalent. The legal penalty for employing children in hazardous work or for violating age restrictions was not sufficient to deter violations.

Child labor remained a widespread problem, and enforcement of child labor law was weak. The ILO reported 72 percent of children were engaged in some form of work for money, noting in particular child labor in the mining industry. Children were on the streets selling water, groundnuts, cucumbers, and other items. Children engaged in exploitive labor activities, including petty trading, carrying heavy loads, breaking rocks, harvesting sand, begging, diamond mining, deep-sea fishing, agriculture (production of coffee, cocoa, and palm oil), domestic work, commercial sex, scavenging for scrap metal and other recyclables, and other age-inappropriate forms of labor under hazardous conditions. Larger companies enforced strict rules against child labor, but it remained a pressing problem in small-scale informal artisanal diamond and gold mining.

As in previous years, many children worked alongside parents or relatives and abandoned educational or vocational training. In rural areas children worked seasonally on family subsistence farms. Children also routinely assisted in family businesses and worked as petty vendors. There were reports that adults asked orphanages for children to work as household help. Because the adult unemployment rate remained high, few children were involved in the industrial sector or elsewhere in the formal economy.

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 .

The law prohibits most discrimination with respect to employment and occupation. The constitution prohibits discrimination based on religion, national origin or citizenship, social origin, age, language, HIV status or that of other communicable diseases, sexual orientation, or gender identity. NGOs at times expressed concerns that discrimination appeared to occur based on sex, disability, sexual orientation, and gender identity with respect to employment and occupation.

In July 2018 the government launched the National Labor Migration Policy that aims to protect both migrants’ rights in the country and the rights of Sierra Leoneans working abroad.

As of September there was no information available on whether the government enforced the applicable provisions of the law regarding combating discrimination at workplaces. Penalties were not sufficient to deter violations.

There is a national minimum wage, but it falls below the basic poverty line in the country. The Ministry of Labor and Social Security is responsible for enforcing labor law, including the minimum wage, but the number of labor inspectors was insufficient to enforce compliance, and the penalties for noncompliance were insufficient to deter violations.

Although not stipulated by law, the customary workweek was 40 hours (60 hours for security personnel). There is no statutory definition of overtime wages to be paid if an employee’s work hours exceed 40. There is no prohibition on excessive compulsory overtime nor a requirement for paid leave or holidays.

A union may make a formal complaint about a hazardous working condition; if the complaint is rejected, the union may issue a 21-day strike notice. The law also requires employers to provide protective clothing and safety devices to employees whose work involves “risk of personal safety or potential health hazard.” The law protects both foreign and domestic workers. The law does not provide workers with the right to remove themselves from situations that endanger their health or safety without jeopardy to their employment, and the government took no steps to protect employees who so acted.

The occupational safety and health (OSH) regulations were outdated and remained under review by the Ministry of Labor and Social Security. The government did not effectively enforce these standards in all sectors. Although the responsibility for identifying unsafe situations remains with an OSH expert and not the worker, the small number of labor inspectors was insufficient to enforce compliance.

According to the Ministry of Labor and Social Security, labor law and standards continued to be violated primarily due to lack of resources, corruption, and lack of enforcement, rather than due to the deterrent effect, or lack thereof, of the penalties. Minimum wage compliance was particularly difficult to monitor in the informal sector.

Violations of wage, overtime, and OSH standards were most frequent within the artisanal diamond-mining sector. Violations were common in the case of street vendors and market-stall workers, rock crushers, and day laborers, many of whom came to Freetown from elsewhere in the country to seek employment and were vulnerable to exploitation. There were numerous complaints of unpaid wages and lack of attention to injuries sustained on the job, but victims often did not know where to turn for recourse and as a result their complaints went unresolved.

Parliament passed the Criminal Law Reform Act in May. The law has been formally gazetted (published), but implementation was pending as of December. Under the new law, individuals convicted under the Penal Code for any offenses committed against vulnerable victims–children below the age of 14, persons with mental or physical disabilities, and domestic workers–will be liable to up to twice the maximum penalty. The law will abolish marital immunity for rape, expand the definition of rape to make it gender neutral, increase the penalties for offenses committed against unmarried partners, and introduce new criminal offenses for technology-related crimes such as voyeurism. These and other provisions of the new law will significantly change many of the legal provisions reported below.

The Protection from Harassment (Amendment) Act became law in June–implementation was pending as of December–makes doxing an offense and improves judicial procedures for victims of online harassment.

Rape and Domestic Violence: Under the law rape is a crime, with maximum penalties of 20 years’ imprisonment and the possibility of caning. By law only a man can commit rape. A man cannot legally be a victim of rape but may be the victim of unlawful sexual penetration, which carries the same penalties as rape. Spousal rape is not specified as a crime in most situations, but husbands who force their wives to have intercourse may be prosecuted for other offenses, such as assault. Spousal rape is a criminal offense when the couple is separated, subject to an interim divorce order that has not become final, or subject to a written separation agreement, as well as when a court has issued a protection order against the husband. Domestic violence is a crime. Victims may obtain court orders restraining the respondent and barring the spouse or former spouse from the home until the court is satisfied the spouse has ceased aggressive behavior. The government enforced the laws on rape and domestic violence.

Identity protection orders are mandatory from the time a police report of a sexual crime or child abuse is lodged. Victims of sexual crimes may video-record their testimony instead of having to recount it in person. Victims may testify in closed-door hearings, with physical screens to shield them from the accused person. Lawyers may not ask questions about a victim’s sexual history, unless the court grants them permission to do so.

Several voluntary welfare organizations that assisted abused women noted that gender-based violence was underreported but the number of reported incidents was increasing, which they said was the result of advocacy campaigns to address social stigma.

Female Genital Mutilation/Cutting (FGM/C): Type I (a) (as classified by the World Health Organization) FGM/C was practiced among a small portion of the Muslim population. Referred to locally as “ceremonial” female circumcision, it was undertaken as a standardized procedure by designated doctors under the supervision of the Muslim Healthcare Professionals Association. There was no legislation banning FGM/C.

Sexual Harassment: Harassment is a crime and the law includes harassment within and outside the workplace, cyberbullying, and bullying of children. The law also prescribes mandatory caning and minimum of two years’ imprisonment on conviction on any charge of “outraging modesty” that causes the victim to fear death or injury. The law also subjects persons convicted of using threatening, abusive, or insulting words or behavior to maximum fines of S$5,000 ($3,630). It also provides a range of self-help measures, civil remedies, and enhanced criminal sanctions to protect against harassment. Additionally, stalking is an offense punishable with a maximum fine of S$5,000 ($3,630), imprisonment for up to 12 months, or both.

According to police statistics, outrage of modesty incidents continued to increase, with the number increasing 5 percent in the first six months of the year compared with the same period in 2018 (from 797 to 837 cases). The women’s rights advocacy group AWARE reported that government campaigns encouraging women to report sexual molestation led to the increase. Media gave significant coverage to sexual harassment convictions throughout the year, and several members of parliament urged the government to address sexual harassment in the workplace more actively.

In April, National University of Singapore student Monica Baey drew national attention to sexual harassment on campuses when she expressed unhappiness about the punishment a voyeur received for filming her in a shower at a university hostel without her consent. The police had issued a warning to the student not to reoffend, and the university suspended him for one term. The university subsequently apologized for its handling of the case and undertook to reform its policy towards sexual offenders. In May, Minister for Education Ong Ye Kung issued a statement to parliament about the 56 cases of sexual misconduct at local universities from 2015 to 2017 that were reported to police and said his ministry would review disciplinary frameworks in all publicly funded higher education institutions.

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

Discrimination: Women enjoy the same legal rights as men, including civil liberties, employment, commercial activity, and education. Women were well represented in many professions (see section 7.d.).

No laws mandate nondiscrimination in hiring based on gender; prohibit employers from asking questions about a prospective employee’s family status during a job interview; require flexible or part-time work schedules for employees with minor children; or establish public provision of childcare.

Polygyny is permitted for Muslim men but is limited and strictly regulated by the Registry of Muslim Marriages, which oversees Muslim marriages and other family law matters. Polygynous marriages constituted 0.2 percent of Muslim marriages.

Birth Registration: Citizenship derives from one’s parents. The law requires that all births be registered within 14 days.

Child Abuse: The law criminalizes mistreatment of children, including physical, emotional, and sexual abuse. The government enforced the law and provided support services for child abuse victims.

The Ministry of Social and Family Development investigated 1,163 child abuse cases in 2018, 30 percent more than in 2017. Commentators believe that the number of child abuse cases reported annually is growing due to improved detection efforts, an increase in the availability of support services, and government publicity campaigns that encourage reporting.

Early and Forced Marriage: The law characterizes unmarried persons younger than age 21 as minors and persons younger than 14 as children. Individuals younger than 21 who wish to marry must obtain parental consent, and the couple must attend a mandatory marriage preparation program. Individuals younger than 18 also require a special license from the Ministry of Social and Family Development to wed or, if they are marrying under Muslim law, they require permission from the kadi (a Muslim judge appointed by the president), who will grant permission only under special conditions.

Sexual Exploitation of Children: The law criminalizes human trafficking, including child sex trafficking, and authorities enforced the law.

The age of consent for noncommercial sex is 16 years. Sexual intercourse with a person younger than 16 is punishable by a maximum of 10 years in prison, a fine, or both, and if the victim is 14 or younger punishable by as long as 20 years in prison and a fine or caning.

Authorities may detain (but generally do not prosecute) persons younger than 18 whom they believe to be engaged in prostitution. They prosecute those who organize or profit from prostitution, bring women or girls to the country for prostitution, or coerce or deceive women or girls into prostitution. The law is ambiguous regarding employment of persons ages 16 to 18 in the production of pornography.

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

Although estimates varied widely, the government estimated there were approximately 2,500 members in the Jewish community. 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/.

There is no comprehensive legislation addressing equal opportunities for persons with disabilities in education or employment.

The Ministry of Social and Family Development is responsible for protecting the rights of persons with disabilities and coordinates implementation of the government’s 2017-2021 policy plan for programs and services in the disability sector, which focuses on greater inclusiveness.

The government maintained a comprehensive code on barrier-free accessibility and standards for facilities for persons with physical disabilities in all new buildings, and mandated the progressive upgrading of older structures. SG Enable, established by the Ministry of Social and Family Development, administered several assistance schemes for persons with disabilities, and provided a job training and placement program for them. The Ministry for Manpower reported in September that the number of persons with disabilities in the workforce is increasing, as more employers access government support programs.

The Disabled People’s Association, an advocacy group, reported private discrimination against persons with disabilities who were seeking employment.

The country provided a high level of educational support for children and minors with disabilities from preschool to university. Starting in January children with moderate to severe educational needs were required to participate in compulsory education until they reached the age of 15. Elementary and secondary levels both included mainstreaming programs and separate education schools. All primary schools and the majority of secondary schools had specialist support for students with mild disabilities. Mainstreaming programs catered primarily to children with physical disabilities. Separate education schools, which focused on children who required more intensive and specialized assistance, were operated by social service organizations and involved a means-tested payment of fees. The Special Educational Needs Support Offices, established in all publicly funded tertiary education institutions including universities, provided support for students. Informal provisions permitted university matriculation for those with visual, hearing, or physical disabilities through assistive technology devices and services such as note taking.

Electoral law allows voters who are unable to vote in the manner described by law to receive assistance from election officials to mark and cast their ballots. In the 2015 general election, voters with visual disabilities could cast their vote independently with stencils. The Disabled People’s Association recommended that persons with disabilities be permitted to choose who would assist them to mark and cast their ballots.

Ethnic Malays constituted approximately 15 percent of the population. The constitution recognizes them as the indigenous inhabitants of the country and charges the government to support and promote their political, educational, religious, economic, social, cultural, and language interests. The government took steps to encourage educational achievement among Malay students and upgrading of skills among Malay workers, including through subsidies for tertiary education fees for poorer Malays. Malay educational performance has improved, although ethnic Malays have not yet reached the educational or socioeconomic levels achieved by the ethnic Chinese majority, the ethnic Indian minority, or the Eurasian community. Malays remained underrepresented at senior corporate levels and, some asserted, in certain sectors of the government and the military. This reflected their historically lower educational and economic levels, but some argued it also was the result of employment discrimination.

The Presidential Council on Minority Rights examines all pending bills to ensure they do not disadvantage any particular group. It also reports to the government on matters that affect any racial or religious community.

Government policy designed to facilitate interethnic harmony and prevent the formation of racial enclaves enforced ethnic ratios, applicable for all ethnic groups, to all forms of public housing.

Section 377A of the penal code criminalizes male-to-male sexual relations, subject to up to two years’ imprisonment. Authorities have not enforced this since 2010 and have stated since then that they do not intend to do so. The prime minister and the minister for home affairs and law have said they personally are not opposed to male-to-male sexual relations, and in June, Prime Minister Lee told participants at an international conference that persons of all sexual orientations are welcome to work in the country, although section 377A will remain part of the country’s law “for some time.” There were no indications the provision was used intentionally to intimidate or coerce. Its existence, however, intimidates some gay men, particularly those who are victims of sexual assault but who will not report it to the police for fear of being charged with violating Section 377A.

A constitutional challenge to section 377A which combines three separate cases was making its way through the courts as of November. In September 2018 disc jockey Johnson Ong filed a constitutional challenge based on the argument that section 377A violates the right to “life and personal liberty” and the right to equality. His challenge also argued that sexual orientation “is unchangeable or suppressible at unacceptable personal cost.” Ong’s case has been merged with a constitutional challenge filed in November 2018 by lesbian, gay, bisexual, transsexual, intersex (LGBTI) advocate Choong Chee Hong. An additional constitutional challenge was filed in September by a retired doctor, Tan Seng Kee, who in 2009 organized the country’s first Pink Dot rally in support of LGBTI rights.

No laws explicitly protect the LGBTI community from discrimination based on sexual orientation. Moreover, since single persons are prevented from purchasing government housing reserved for married couples until age 35 and same-sex marriage is not permitted, LGBTI persons were unable to receive certain government services and benefits available to other citizens before reaching 35.

In December 2018 the High Court ruled that a gay father could adopt his biological son (born via surrogacy), because the child’s welfare took precedence over the government’s policy against the formation of same-sex family units. The minister for social and family development expressed concern and said that his ministry would review adoption laws.

LGBTI persons experience discrimination in the military, which classifies individuals by sexual orientation and evaluates them on a scale of “effeminacy” to determine fitness for combat training and other assignments. Openly gay servicemen faced threats and harassment from their peers and were often ostracized.

Individuals were prohibited from updating their gender on official documents unless they underwent sex reassignment surgery.

Media censorship perpetuated negative stereotypes of LGBTI individuals by restricting portrayals of LGBTI life. The IMDA censored films and television shows with LGBTI themes. According to the IMDA website, authorities allow the broadcast of LGBTI themes on television “as long as the presentation does not justify, promote, or glamorize such a lifestyle” (see section 2.a.).

There is no legislation barring employers from discriminating against job applicants based on their HIV status. The government’s new guidelines for employers state that employees who are dismissed based on their medical status have grounds for wrongful dismissal claims against their employers. In February the Ministry of Manpower said that the law protects employees from wrongful dismissal, “including on the grounds of HIV.” Many persons living with HIV are, however, afraid to disclose their HIV status during the job application process and, during employment, fear dismissal if they are discovered to have made a false declaration.

Some persons with HIV/AIDS claimed that they were socially marginalized and faced employment discrimination or possible termination if they revealed their HIV/AIDS status; Action for Aids said it received eight complaints about wrongful dismissal in 2018. Some HIV-positive persons seek diagnosis and treatment outside the country.

The government discouraged discrimination, supported initiatives that countered misperceptions about HIV/AIDS, and publicly praised employers that welcomed workers with HIV/AIDS. HIV-positive foreigners, however, are barred from obtaining work permits, student visas, or immigrant visas.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join trade unions. Workers have the legal right to strike and to bargain collectively. The law prohibits antiunion discrimination.

Parliament may impose restrictions on the right of association based on security, public order, or morality grounds. The Ministry of Manpower also has broad powers to refuse to register a union or to cancel a union’s registration. Laws and regulations restrict freedom of association by requiring any group of 10 or more persons to register with the government. The law also restricts the right of uniformed personnel and government employees to organize, although the president may grant exemptions. Foreigners and those with criminal convictions generally may not hold union office or become employees of unions, but the ministry may grant exemptions.

The law requires more than 50 percent of affected unionized workers to vote in favor of a strike by secret ballot, as opposed to 51 percent of those participating in the vote. Workers in “essential services” are required to give 14 days’ notice to an employer before striking, and there is a prohibition on strikes by workers in the water, gas, and electricity sectors.

Unions were unable to carry out their work without interference from the government or political parties. The law limits how unions may spend their funds, prohibiting, for example, payments to political parties or the use of funds for political purposes, and restricts the right of trade unions to elect their officers and choose their employees.

Almost all unions were affiliated with the National Trade Union Congress (NTUC), an umbrella organization with a close relationship with the government and the ruling PAP. The NTUC secretary-general was a cabinet minister and four PAP members of parliament were in NTUC leadership positions. NTUC policy prohibited union members who supported opposition parties from holding office in its affiliated unions.

Collective bargaining was a routine part of labor-management relations in all sectors. Because nearly all unions were its affiliates, the NTUC had almost exclusive authority to exercise collective bargaining power on behalf of employees. Union members may not reject collective agreements negotiated between their union representatives and an employer. Although transfers and layoffs are excluded from the scope of collective bargaining, employers consulted with unions on both issues.

Foreign workers constituted approximately 15 percent of union members. Labor NGOs also filled an important function by providing support for migrant workers, including legal aid and medical care, especially for those in the informal sector.

The law does not define “forced labor,” but the government used the definition found in International Labor Organization Convention 29. Under the law, destitute persons can be compelled to work.

The government enforced the law, although it was more likely to prosecute employers for less serious employment infringements than those of domestic servitude or bonded labor. Penalties included prison terms and fines, which were usually sufficient to deter violations. The government took law enforcement action against employers for workplace violations, including for nonpayment of salaries, serious safety violations, and abuse or mistreatment of foreign domestic workers. It also investigated and imposed fines on some employment agencies for committing other illegal practices. The Ministry of Manpower reported, for example, that in March an employment agency lost its license and was fined S$48,000 ($34,800) for advertising 49 foreign domestic workers on an online marketplace in an undignified light, as if they were commodities. Given the number of low-paid foreign workers in the country, however, outside observers believe that many cases of abuse were undetected.

Practices indicative of forced labor, including the withholding of wages and passports, occurred. Migrant workers in low-wage and unskilled sectors such as domestic work, hospitality, and construction were vulnerable to labor exploitation.

The law caps the fees payable by foreign domestic workers to employment agencies in the country at one month’s salary per year of the employment contract not to exceed two months’ salary, irrespective of the duration of the contract. Observers noted that unscrupulous agencies in migrant workers’ countries of origin could charge exorbitant fees.

Some observers also noted that the country’s employer sponsorship system made legal migrant workers vulnerable to forced labor because there are limited circumstances in which they may change employers without the consent of their employer.

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

The law prohibits all of the worst forms of child labor. The law prohibits employment of children younger than 13 years. A child age 13 or older may engage in light work in a nonindustrial undertaking, subject to medical clearance. Exceptions include work in family enterprises; a child 13 or older may only work in an industrial undertaking that employs members of his or her family. Ministry of Manpower regulations prohibit night employment of children and restrict industrial work for children between 15 and 16. Children younger than 15 may not work on commercial vessels, with moving machinery, on live electrical apparatus lacking effective insulation, or in any underground job, and normally they are prohibited from employment in the industrial sector.

The Ministry of Manpower effectively enforced these laws and regulations. Employers who violated laws related to child labor were subject to fines, imprisonment, or both, penalties that were sufficient to deter violations. Government officials asserted that child labor was not a significant problem.

The incidence of children in formal employment was low, although some children worked in family enterprises.

The constitution provides for equality in employment. No specific antidiscrimination legislation exists, although some statutes prohibit certain forms of discrimination. For example, employers may not dismiss female employees during pregnancy or maternity leave, and employers may not dismiss employees solely due to age, gender, race, religion, nationality, marital status, family responsibilities, disability, or medical condition.

The Ministry of Manpower’s Fair Consideration Framework requires all companies to comply with the Tripartite Guidelines on Alliance for Fair and Progressive Employment Practices and have employment practices that are open, merit based, and nondiscriminatory. These guidelines call for eliminating language referring to age, race, gender, religion, marital status, family responsibilities, and disability in employment advertisements. Employers are required to provide explanations for putting requirements such as specific language skills in the job advertisement. Penalties for violation of government guidelines are at the discretion of the ministry. There were no similar government guidelines with respect to political opinion, sexual orientation, or HIV or other communicable disease status.

The Tripartite Alliance for Fair and Progressive Employment Practices received complaints of employment discrimination, largely due to the preference to hire foreigners over citizens.

In January, President Halimah Yacob announced the formation of a Council for Board Diversity, which aims to increase the proportion of women on the boards of listed companies, public sector entities, nongovernmental organizations and charities. The council replaced a committee that focused on women’s representation on large listed companies. As of June the council reported that women’s representation on boards of the largest 100 companies listed on the Singapore Exchange was 15.7 percent, while women filled 24.5 percent of positions on statutory boards, and 27.4 percent of those on registered nongovernment organizations and charities.

Some ethnic Malays and Indians reported that discrimination limited their employment and promotion opportunities. There were also some reports of discrimination based on disability, pregnancy, and sexual orientation or gender identity. Pregnancy is a breach of the standard work permit conditions for foreign workers, and the government cancels work permits and requires repatriation of foreign domestic workers who become pregnant.

The law does not specify a national minimum wage for all sectors of the economy. The government has set minimum wages in the cleaning, landscaping, elevator maintenance, and security services sectors as a requirement to obtain a business license. The majority of these wages were below the unofficial poverty line determined by the National University of Singapore’s Social Service Research Center.

The law sets the standard legal workweek at 44 hours, and requires employers to apply for an overtime exception from the Ministry of Manpower for employees to work more than 72 hours of overtime per month. Workplace protection including paid sick leave, mandatory annual leave, and protection against wrongful dismissal is available to all private sector employees, except domestic workers and seafarers who are covered under separate laws. The law also mandates benefits for part-time employees, defined as those working 35 hours or less.

The law establishes a framework for workplaces to comply with occupational safety and health standards, and regular inspections enforced the standards. Officials encouraged workers to report situations that endanger health or safety to the ministry, but the law does not specifically protect the right of workers to remove themselves from a hazardous working environment.

The Ministry of Manpower effectively enforced laws and regulations establishing working conditions and comprehensive occupational safety and health regulations. Penalties for violating these regulations–fines and stop-work orders–were sufficient to deter violations. The number of inspectors was sufficient to deter violations. During the year, the ministry continued to promote training to reduce the frequency of job-related accidents in high-risk sectors such as construction, and authorities provided tax incentives to firms who introduced hazard control measures. Workplace fatalities in the first six months of the year were the lowest since 2006, when statistics first became publicly available. This continues a downward trend in the number of workplace fatalities, although the number of reported injuries has been relatively constant. The government also enforced requirements for employers to provide one rest day per week or compensation for foreign domestic workers.

In September, Ong Chin Chong, the sole proprietor of a transport firm, was fined S$140,000 ($102,000) for a fatal accident resulting from unsafe lifting operations that he supervised. Authorities found that Ong used unsafe equipment and had not provided training for the men on how to perform their roles. Authorities also issued a S$60,000 ($43,500) fine to Unipac, the firm for which Ong was a contractor, and a S$160,000 ($116,000) fine to Sunway, the occupier of the worksite, for failing to ensure that lifting operations were properly conducted on its premises. Ong’s fine was the highest imposed on an individual prosecuted for unsafe working conditions, for which the maximum sentence is a S$200,000 ($145,000) fine, up to two years’ imprisonment, or both.

In September parliament passed the Work Injury Compensation Act, which will take full effect in September 2020. The new law incentivizes companies to prevent workplace injuries by permitting employers with better safety records to pay lower premiums, expedites the benefit claim process for workers, and increases the size of benefit payouts to injured workers.

The Tripartite Alliance for Dispute Management, which includes the Ministry of Manpower, unions, and the employers’ federation, offers advice and mediation services to help employees and employers to manage employment disputes. The Labor Relations and Workplaces Division of the Ministry of Manpower provided free advisory services to both foreign and local workers who experienced problems with employers; it provided mediation services for a fee. The ministry operated a hotline for foreign domestic workers.

The majority of foreign workers were concentrated in low-wage, low-skill jobs and were often required to work long hours in construction, shipbuilding, services, and domestic work.

The majority of foreign domestic workers, mainly from the Philippines and Indonesia, worked under clearly outlined contracts. Any employer of a foreign domestic worker or a member of the employer’s family, if convicted of certain offenses against the worker, such as causing hurt or insulting the modesty of the worker, is liable to a maximum penalty of one and one-half times the mandated penalty when the victim is not a domestic worker. Nevertheless, there were reports of employers abusing or mistreating such workers (see section 7.b.).

Rape and Domestic Violence: The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence. NGOs and rape victims criticized police for sometimes failing to enforce the law effectively and for often failing to communicate appropriately with rape victims. Rape and domestic violence victims had access to shelters and counseling offered by NGOs and government-funded programs. NGO service providers complained that authorities provided only a small portion of necessary funding, forcing many centers to close or fundraise additional resources from private and international donors.

Domestic violence against women is punishable by three to eight years’ imprisonment. Domestic violence was widespread, and activists claimed official statistics failed to capture the magnitude of the issue. NGOs also asserted the government did not enforce the law effectively. Experts complained there were no written procedures for referring battered women to counselling centers or shelters and no services for batterers. The lack of affordable public housing or rent-controlled housing often forced victims to return to abusive households.

In June the minister of interior announced the launch of a nationwide campaign against domestic violence. As part of the campaign, the ministry planned to train officers on responding to domestic disturbance calls, supply interview rooms at police stations with equipment necessary to implement a victim-centered and trauma-informed approach, provide social housing for victims, and streamline cooperation between law enforcement, prosecution, and the courts in cases of domestic violence. The campaign also involved a webpage with information and practical tips for victims and television advertisements featuring well known personalities.

In July police closed a year-long investigation into a case of domestic violence in which a man threw his minor daughter against a table for being too loud while unloading the dishwasher and attacked his wife who tried to protect the child, beating her head against a wall. The police concluded that the man had committed a misdemeanor and charged him a 200-euro ($220) fine. The victim claimed she had reported her husband for domestic violence repeatedly in the past, but police always dropped investigations or let the aggressor off with a warning.

In May the regional prosecutor’s office in Banska Bystrica relaunched criminal proceedings against a 22-year-old man who attacked his girlfriend and her three friends in March 2018, breaking her nose and causing other injuries. The man originally was ordered to pay a fine. After intense media coverage and reports by the victim that the assailant continued to stalk and intimidate her, the regional prosecutor’s office announced it would reexamine the case to appeal the sentence. Media outlets and civil society asserted that the original lead prosecutor and police officers who answered the victim’s distress call had failed to protect the interests of the victim and should face disciplinary proceedings for negligence.

Sexual Harassment: The law defines sexual harassment as unlawful discrimination, subject to civil penalties. Victims usually avoided legal action due to fear of reprisal, lengthy court proceedings, and lack of accessible legal services. A coordination center for gender-based and domestic violence under the Labor, Social Affairs and Family Ministry implements and coordinates countrywide policy to prevent and eliminate violence against women (including sexual harassment) and coordinates education and training efforts for the public and professionals. The government operates a 24/7 hotline for women subjected to violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization, although human rights organizations maintained that medical personnel often asked Romani women to sign consent forms for these procedures without fully explaining their meaning or providing them in the women’s language. The government had also done little to investigate reported cases of involuntary sterilizations of Romani women in the past or provide restitution to the victims.

Discrimination: The law provides the same legal status for women as for men. Discrimination against women remained a problem, particularly in the labor market, where women were less likely to be offered employment than men with equal qualifications and faced a 20 percent gender pay gap.

Birth Registration: Children acquire citizenship by birth to at least one citizen parent, regardless of where the child is born. Each domestic birth is recorded at the local vital statistics office, including for children born to asylum seekers, stateless persons, and detained migrants.

Child Abuse: Domestic abuse carries basic penalties of three to eight years’ imprisonment. Child abuse remained a problem according to child advocates. A 2017 government study (the latest available) indicated that 70 percent of 13- to 15-year-olds had experienced some form of physical, emotional, or sexual violence or parental neglect.

The government continued implementing and annually updating the National Action Plan for Children for 2013-22, funded through the government budget. Government bodies provided financial support to crisis centers for abused children and to NGOs that worked on child abuse. The Labor and Social Affairs Office had dedicated departments for overseeing childcare and operated a national coordination body for dealing with violence against children, which collected data, provided information on domestic violence and abuse of minors, helped refer victims to service providers, and ran a national helpline.

Early and Forced Marriage: The legal minimum age for marriage is 18. In exceptional cases, based upon request of one of the marrying couple, a competent court may allow marriage of a person as young as 16, if both parents consent. Law enforcement authorities reported a growing number of cases of Slovak children of Romani descent being subjected to forced marriage, often by their legal guardians who sought financial benefit. Women from marginalized Romani communities were transported to the United Kingdom by force or deception to marry foreign citizens attempting to avoid deportation by marrying an EU citizen and might consequently have been subjected to trafficking in persons.

Sexual Exploitation of Children: Rape and sexual violence against a child carry basic penalties of five to 10 years’ imprisonment. The law establishes 15 as the minimum age for consensual sex. In addition to prohibiting trafficking in persons, the law criminalizes the prostitution of children. These abuses were not common, and there were no obstacles to enforcement of the law.

The production, distribution, or possession of child pornography is a crime with penalties ranging from two to 20 years’ imprisonment.

Institutionalized Children: Reports published by the ombudsperson during the year and in 2013 found that juvenile offenders at educational rehabilitation centers regularly endured hunger and were subjected to degrading treatment, including compulsory gynecological examinations of girls after their trips outside the facility. The reports also found substandard levels of education at the centers.

In February the prosecution service exonerated representatives of the private juvenile rehabilitation facility Cisty Den from accusations of battery and assault of a minor, but the facility continued to be investigated for alleged fraud and a former employee faced charges of sexual abuse and causing bodily harm to a minor. The facility lost its official Ministry of Labor, Social Affairs, and Family accreditation in 2017 after a series of allegations of severe malpractice and misconduct. Experts criticized the labor minister for failing to protect the children housed in Cisty Den after suspicions regarding the facility first surfaced more than a year before the center’s accreditation was revoked.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In March the parliament overrode a presidential veto to adopt a legislative amendment to the code of noncontentious civil procedure that would allow the “taking party” in parental abduction cases to file indefinite appeals against the return of children to the country of their habitual residence for a final custody determination in Hague Convention cases. 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.

Jewish community leaders estimated, and the 2011 census data indicated, the size of the Jewish community was 2,000 persons.

Organized neo-Nazi groups with an estimated 500 active members and several thousand sympathizers occasionally spread anti-Semitic messages. Latent anti-Semitic attitudes characterizing Jewish people as greedy or secretly influencing world affairs were widespread, even beyond neo-Nazi groups and their sympathizers. Polls revealed increased support for the neo-Nazi LSNS, polling at 11 percent or higher.

In July the Supreme Court upheld the July 2018 Specialized Criminal Court acquittal of LSNS MP Stanislav Mizik of extremism charges in a case concerning a 2017 Facebook post in which he criticized President Kiska for giving state awards to persons of Jewish origin. The Supreme Court accepted the argument there was insufficient evidence to prove Mizik wrote the statement.

In May police arrested Mizik’s defense attorney, Frantisek Polak and six other individuals on extremism charges after uncovering a vast collection of Nazi paraphernalia during a search of their homes. The case remained pending. In December 2018 an investigator of the National Crime Agency pressed charges against an LSNS regional chairman, Anton Grno, for shouting the greeting of the World War II-era Slovak fascist state’s paramilitary force during a Supreme Court hearing. The investigator charged Grno with the crime of “supporting a movement aimed at suppressing fundamental rights and freedoms.” Media reported that Grno’s social media profiles contained several openly racist and anti-Semitic posts. The case remained pending as the prosecution service analyzed whether to seek an indictment.

While direct denial of the Holocaust was relatively rare, expressions of approval for the World War II-era Slovak fascist state, which deported tens of thousands of Jews, Roma, and others to death camps, occurred frequently. Throughout the year, far-right groups organized small events to commemorate dates associated with the Slovak fascist state and its president, Jozef Tiso. On March 14 and April 19, the LSNS organized commemorations of the creation of the fascist Slovak state in 1939 and Tiso’s execution in 1947. On April 18, one of the city boroughs of Bratislava played the unofficial national anthem of the fascist Slovak state, “Rez a rubaj do krve” (cut and strike with an axe until blood flows), through a public announcement system. In 2016 the same borough played “Hej, Slovaci” (Hey, Slovaks), another nationalist song associated with the fascist regime, on the anniversary of Tiso’s execution. Both events were organized by a local councilor, Radoslav Oleksak.

On September 9, government officials commemorated the Day of the Victims of the Holocaust and of Racial Violence at the Holocaust Memorial in Bratislava. The coalition government undertook initiatives to promote Holocaust education in schools and funded school field trips to Auschwitz and the Slovak Holocaust Museum in Sered. Government leaders, including President Caputova, Prime Minister Pellegrini, and Speaker of Parliament Danko, denounced the anti-Semitic rhetoric of the far right.

In February the government organized an international conference on anti-Semitism as part of its 12-month Chairmanship-in-Office of the Organization for Security and Cooperation in Europe, which included a series of expert panels on the security of Jewish communities, Holocaust remembrance initiatives, media and social media, and cooperation with civil society.

Representatives of the Central Union of Jewish Religious Communities in Slovakia noted that efforts to combat anti-Semitic comments and hate speech on the internet and social media were undermined by the repeated statements of former prime minister Robert Fico (Smer-SD), in which he accused philanthropist George Soros, who is Jewish, of instigating a coup against his government. Security analysts noted that social media content posted by parliamentary European Affairs Committee chairman Lubos Blaha (Smer-SD), including a posting in which he alluded that the campaign of presidential candidate Zuzana Caputova was secretly funded by Jews, condoned anti-Semitic hate speech on the internet and contributed to the spread of anti-Semitic conspiracy theories. In June, Blaha released a video on his Facebook page attacking a foreign diplomat serving in the country, using language that security analysts described as an “anti-Semitic dog whistle.” The video provoked hundreds of anti-Semitic comments and posts, some of them openly calling for violence. The administrators of Blaha’s Facebook page did little to remove inappropriate content or report abusers.

In January, on the occasion of International Holocaust Remembrance Day, the prime minister and culture minister opened a new exhibition at the Sered Holocaust Museum, which was supported by a one-million-euro ($1.1 million) government subsidy.

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 in employment, education, access to health care, the judicial system, other transportation, or the provision of other public services. According to the UN Committee on the Rights of Persons with Disabilities, the antidiscrimination law is not fully in line with the Convention on the Rights of Persons with Disabilities, as it does not qualify the denial of reasonable accommodation as discrimination on the basis of disability.

Psychiatric institutions and hospitals, which fall under the purview of the Ministry of Health, used cage beds to restrain patients. The law prohibits both physical and nonphysical restraints in social care homes managed by the Ministry of Labor, Social Affairs, and Family.

Broadcasters complied with laws requiring television stations to provide audio descriptions for viewers who are blind or have impaired vision only to a limited extent. While the law defines mandatory standards for access to buildings, NGOs noted they were not fully implemented, although access to privately owned buildings improved more rapidly than access to public buildings.

The government’s Council on Human Rights, National Minorities, and Gender Equality operated a committee on persons with disabilities. The council served as a governmental advisory body and included representation from NGOs working on disability problems. The country’s national human rights strategy included a chapter on the rights of persons with disabilities.

Societal discrimination against Roma and individuals of non-European ethnicity was common. A 2013 study by the UN Development Program (UNDP), the most recent available, found that as much as 53 percent of the Romani population resided in marginalized communities. The UNDP identified 231 segregated rural settlements located, on average, less than one mile from neighboring municipalities.

There were reports of harassment of members of ethnic minorities during the year. In June a 39-year-old man verbally abused a group of three Kenyan nationals in Bratislava. The police arrested the man on charges of defaming one’s race or nationality. The case remained pending.

In May the Bratislava district court sentenced a man to six years in a minimum-security prison for brutally attacking and killing a Filipino man in Bratislava in May 2018. Despite media statements by witnesses who reported the attacker was likely motivated by the victim’s skin color and perceived sexual orientation, the court applied a sentence below the legal threshold for aggravated assault and manslaughter, citing the attacker’s decreased level of consciousness caused by excessive use of alcohol in combination with prescription medicine. The Office of the Prosecutor General appealed the verdict and pursued a stricter sentence. The case remained pending.

Six victims of a controversial 2013 police raid in the marginalized Romani community in Moldava nad Bodvou stood trial on perjury charges for reporting and testifying about police brutality and abuse of power during the raid. The court repeatedly failed to observe procedural requirements, delivering paperwork past legal deadlines or failing to deliver it altogether, refusing to provide interpretation and translation of documents, including the indictment, to defendants who did not speak or understand Slovak, and refusing to allow evidence submitted by the defense. As of November, Kosice district court judges, handling five out of the six cases, adjourned proceedings until the ECHR delivered its verdict as to whether the rights of the Romani citizens had been violated by the 2013 raid. Proceedings with the remaining defendant was pending.

The LSNS continued to organize marches and gatherings against “asocial Gypsies.” In March, LSNS representatives and supporters marched in the town of Dobsina, officially in commemoration of a local non-Romani inhabitant who was beaten to death by a Romani person released from prison three days prior to the incident. There were no reports of violence during or after the march.

Police generally responded quickly to gatherings targeting the Romani community and prevented crowds from entering Romani communities or inciting confrontations.

In January, Interior Minister Denisa Sakova (Smer-SD) announced the opening of a special police operations center tasked with monitoring the situation in the eastern Slovak town of Krompachy through a network of more than 50 closed-circuit television cameras installed predominantly in parts of the town inhabited by Roma. The minister claimed the project was necessitated by what she called “unadaptable Roma” living in the town. NGOs criticized the interior minister, releasing an open letter claiming that Sakova’s labelling of Romani persons as “unadaptable” criminalized the entire ethnic group.

There were instances of public officials at every level defaming minorities and making derogatory comments about Roma. In January speaker of parliament and chair of the coalition SNS party, Andrej Danko, used derogatory language against his fellow MP and deputy speaker Lucia Duris Nicholsonova calling her a “little gypsy.” Representatives of LSNS, including party chairman Marian Kotleba, publicly and routinely referred to the Roma as “gypsies,” “parasites,” or “antisocial individuals.” In September the Supreme Court upheld MP Milan Mazurek’s (LSNS) 2018 conviction for anti-Romani hate speech and fined him 10,000 euros ($11,000). As a result of the conviction Mazurek automatically lost his parliamentary seat. Former prime minister and chair of the Smer-SD party, Robert Fico, released a Facebook video in reaction to Mazurek’s conviction, saying that Mazurek was sentenced for saying what the majority of the Slovak population thinks about the Roma.

Widespread discrimination against Roma continued in employment, education, health care, housing, loan practices, restaurants, hair salons, religious services, and public transportation.

In June media outlets reported that Roma in the eastern village of Sarisske Jastrabie had to attend religious services in a warehouse at a local farm. Media outlets reported that when a local Greek-Catholic priest tried to invite Roma to worship in his church, his car was vandalized, and parishioners lodged a complaint with the archbishop asking for the priest to be replaced. Parishioners argued they were afraid of contracting diseases from Roma. A spokesperson for the diocese claimed the situation in the parish was “calm” and the Romani citizens were content with the separate arrangement.

In May a Romani girl was told she would not be allowed to sit with the rest of the children during her first communion in a Roman Catholic Church in Trnava, allegedly at the request of the children’s parents. The church argued the mother of the child had signed her up late and refused to contribute to the preparations of the ceremony, allegations which the woman denied. Following broad media coverage and an intervention by the Trnava regional governor Jozef Viskupic, the girl was allowed to sit with her peers. Police opened investigations into whether the church had committed a crime of racial discrimination. The case remained pending.

In August the Constitutional Court compensated four Romani individuals for unnecessary delays and procedural mistakes made by general courts in a discrimination suit they filed in 2005. The claimants filed a lawsuit after they were refused service by the staff of a local bar in a village near Vranov nad Toplou in the eastern part of the country.

Local authorities continued to use regulatory obstacles, such as withholding of construction permits, to discourage the legal establishment of Romani settlements. Media reported cases where non-Romani persons tried to prevent Romani customers from buying or renting property in “their” neighborhood. In July unknown perpetrators vandalized a private home in Polomka (central Slovakia) with graffiti “we don’t want them here,” and punctured the tires of a vehicle belonging to an owner who agreed to show his real estate to an interested Romani family.

Members of the Romani minority continued to experience obstacles and discrimination in the access to quality healthcare. A government report released by the Ministry of Finance in January estimated life expectancy within the marginalized Romani population at 69.6 years, nearly seven years below the general population, and infant mortality at three times the country average. NGOs reported Romani women faced multiple forms of discrimination in reproductive health care, including segregation in maternity departments, verbal harassment, and maltreatment by medical personnel. The hospitals claimed they grouped persons according to their levels of hygiene and adaptability, not by race. NGOs continued to express concerns over the way medical personnel obtained informed consent from Romani patients.

Romani children from socially excluded communities faced educational discrimination and segregation and were disproportionately enrolled in “special” schools or placed in segregated classrooms within mainstream schools. A government review released by the Ministry of Finance’s analytical unit in January confirmed earlier reporting from the ombudsperson that Romani children received an inferior education compared with their non-Romani peers. The report found a disproportionately high share of Romani children in “special” schools for children with mental disabilities (42 percent of all children enrolled) and schools with special classes for Romani children (63 percent). According to the review, only 32 percent of all Romani children had received preschool education, compared with 75 percent for the general population, and a third of all Romani children dropped out of the education system before completing elementary school.

There were reports of racial discrimination and inappropriate language being used against members of the Romani minority at all levels of the education system. In April a Bratislava kindergarten teacher accidentally sent a text message to a parent of one of the enrolled children referring to the woman as a “gypsy.” The mayor of the municipality operating the kindergarten publicly apologized to the mother and called the communication “unacceptable.” The school council disciplined the teacher with a warning.

The Government Council on Human Rights, National Minorities, and Gender Equality operated a Committee for the Prevention and Elimination of Racism, Xenophobia, Anti-Semitism, and Other Forms of Intolerance.

The law bans the spreading of profascist propaganda and hatred in public, including on social media.

LGBTI organizations reported the law requires that persons seeking legal gender recognition provide confirmation from a medical practitioner that a person has undergone a “gender change” to obtain new identity documents. The law, however, does not define “gender change.” In practice authorities required confirmation that a person had undergone permanent sterilization before issuing new identity documents.

The law does not allow educational establishments to reissue educational certificates with a new first name and surname to transgender individuals after they have transitioned. The law does allow institutions to issue such individuals new birth certificates reflecting the name with which they identify.

NGOs reported violence and online harassment of LGBTI persons. In July and August, during annual LGBTI Rainbow Pride parades in Bratislava and Kosice, small groups of LSNS supporters heckled parade marchers.

In July, SNS deputy chair Jaroslav Paska issued a press release criticizing Slovak former European Commission vice president Maros Sefcovic and calling on him to stop “supporting ethically unacceptable manipulations of the homosexual community with newborns.” Paska’s statement was a reaction to a published story about an employee of Sefcovic’s office, who had contracted a surrogate mother to bear twin children for him and his husband. In May, Culture Minister Lubica Lassakova (Smer-SD) refused to approve eight government grants to LGBTI eights organizations that had been recommended for approval by an expert panel. In February, Marian Kotleba (LSNS) put up dozens of billboards across the country stating, “Family is a man and a woman: Stop LGBT!” as part of his presidential campaign. A local human rights NGO filled a criminal complaint arguing the billboards incited violence against LGBTI individuals. In August there were dozens of SNS billboards across the country stating, “Stop Rainbow Demands on the Family.”

The law prohibits discrimination based on sexual orientation and gender identity in employment, education, state social services, health care, and access to goods and services and identifies sexual orientation as a hate crime motivation that warrants stiffer sentences. NGOs reported the government did not always actively enforce these laws.

NGOs reported online hate speech towards refugees.

Government officials at all levels and leaders from across the political spectrum, including the opposition, engaged in rhetoric portraying refugees and Muslims as a threat to society. In December 2018 several coalition and opposition politicians made antimigrant and anti-Muslim statements in parliament during a debate about the UN Global Compact on Migration.

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 of their choice. The law also provides for unions to conduct their activities without interference, including the right to organize and bargain collectively, and workers exercised these rights. The law recognizes the right to strike with advance notice, both when collective bargaining fails to reach an agreement and in support of other striking employees’ demands (solidarity strike). Civil servants in essential services, judges, prosecutors, and members of the military do not have the right to strike. The law prohibits dismissing workers who legally participate in strikes but does not offer such protection if a strike was illegal or unofficial. The law prohibits antiunion discrimination. The law does not state whether reinstatement of workers fired for union activity is required.

The government effectively enforced applicable laws and remedies, and penalties for violations were sufficient to deter violations. These procedures were, however, occasionally subject to delays and appeals.

Workers and unions generally exercised these rights without restrictions. The government generally respected their rights.

The law prohibits all forms of forced or compulsory labor. Police are responsible for investigating forced labor but faced challenges in effectively enforcing the law. The law provides strong penalties for labor traffickers, including imprisonment for terms of four to 25 years, depending on the seriousness of the case. The Ministry of Interior, together with the International Organization for Migration, trained government officials in identifying victims subjected to trafficking for forced labor.

There were reports by NGOs of male and female migrants forced to work in the country under conditions of forced labor, including nonpayment of wages. Migrant workers in the retail and construction sectors or employed as household help were considered particularly vulnerable. Underemployed and undereducated Roma from socially segregated rural settlements were disproportionately vulnerable to trafficking in persons for forced labor. The government carried out extensive awareness raising campaigns on the dangers of trafficking in persons with a focus on forced labor and organized joint inspections of business entities to identify illegal employment, forced labor, and trafficking in persons. Courts continued to issue light and suspended sentences for the majority of convicted traffickers that failed to deter trafficking offenses or protect victims.

In May the Banska Bystrica regional court confirmed a lower court ruling sentencing a man to eight years and eight months in a minimum-security prison for exploiting the poor social situation of three homeless persons and trafficking them to Germany for the purposes of forced begging.

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

The minimum age for employment is 15, although younger children may perform light work in cultural or artistic performances, sports events, or advertising activities if it does not affect their health, safety, personal development, or schooling. The National Labor Inspection Service (NLI) and the Public Health Office must approve, determine the maximum hours, and set conditions for work by children younger than 15. The law does not permit children younger than 16 to work more than 30 hours per week on average and restricts children under 18 years of age to 37.5 hours per week. The law applies to all children who are high school or full-time university students. The law does not allow children under the age of 18 to work underground, work overtime, or perform labor inappropriate for their age or health. The violation of child and juvenile labor rules is punishable by penalties which are sufficient to deter violations, although application of those penalties was not always sufficient to deter violations. The NLI did not report serious violations of laws relating to child labor.

Regional inspection units, which were under the auspices of the NLI, received and investigated child labor complaints. Apart from regional inspection units, the state Social Insurance Company was also responsible for monitoring child labor law compliance. If a unit determined that a child labor law or regulation had been broken, it transferred the case to the NLI, which may also impose fines on employers and individuals that fail to report such incidents adequately.

The government generally enforced the law effectively. Resources, inspections, and remediation were generally adequate.

There were reports Romani children in some settlements were subjected to trafficking for commercial sex or forced marriage (see section 6, Children). NGOs reported that family members or other Roma exploited Romani victims, including children with disabilities. Child labor in the form of forced begging was a problem in some communities.

The law prohibits discrimination regarding age, religion, ethnicity, race, sex, gender, disability, language, sexual orientation, social status, or “other status” but does not specifically prohibit discrimination based on HIV status. Relevant inspection bodies provide for the protection of migrant workers against abuses from private employment agencies. The Central Office of Labor, Social Affairs and Family and the Trade Business Office may cancel or suspend the business license of violators and impose penalties which are sufficient to deter violations. Employers discriminated against members of the Romani minority.

In May the Constitutional Court awarded 2,000 euros ($2,200) in compensation to a Romani man who since 2016 had sought redress for racial discrimination in employment after an employment agency specifically told him they were not hiring Roma. The Constitutional Court ruled proceedings were unduly delayed and criticized the district court in Trnava for not setting the first court hearing until almost four years after the lawsuit was originally filed.

The government continued implementing a program to increase the motivation of the long-term unemployed Roma to find jobs. The Operational Program–Human Resources for 2014-20 included as one of its priorities the integration of marginalized Romani communities in the labor market through educational measures. In January the government released a report prepared by the Ministry of Finance showing that Romani jobseekers were less likely to benefit from effective active labor market measures, particularly further training and requalification, compared to the non-Romani population of jobseekers. Activists frequently alleged that employers refused to hire Roma, and an estimated 70 percent of Roma from socially excluded communities were unemployed. NGOs working with Roma from such communities reported that, while job applications by Roma were often successful during the initial phase of selection, in a majority of cases employers rejected the applicants once they found they were Roma. Rejected job applicants rarely pursued discrimination cases through the courts, and if they did, these proceedings resulted in excessive and undue delays; even successful cases awarded minimal financial compensation, as in the May Constitutional Court ruling noted above.

Despite having attained higher levels of education than men, women faced an employment gap of approximately 13 percent and only 33 percent of entrepreneurs were women. Experts noted motherhood negatively affected career prospects due to long maternity and parental leave and a lack of preschool facilities and flexible work arrangements. Women earned on average 18 percent less than their male colleagues according to a 2017 survey by the personnel agency Trexima.

The minimum wage exceeds the minimum living standard (an official estimate of the poverty income level).

The law mandates a maximum workweek of 48 hours, including overtime, except for employees in the health-care sector, whose maximum workweek is 56 hours, including overtime. Worker overtime generally could not exceed 150 hours per year, with the exception of health-care professionals, who in specific cases and under an agreement with labor unions could work up to 250 hours overtime. Employees who worked overtime were entitled to a 25 percent premium on their hourly rate. Employees who work under conditions that endanger their health and safety are entitled to “relaxation” leave in addition to standard leave and an additional 35 percent of their hourly wage rate. Employees who work during government holidays are entitled to an additional 50 percent of their hourly rate. Employers who fail to follow overtime rules face fines that were adequate to deter violations. If employers fail to pay an employee, they may face imprisonment of one to five years.

Trade unions, local employment offices, and the Ministry of Labor, Social Affairs, and Family monitored observance of these laws, and authorities effectively enforced them.

The law establishes occupational safety and health standards that the Office for Labor Safety generally enforced. Workers could generally remove themselves from situations that endangered health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Minimum wage, hours of work, and occupational safety and health standards were appropriate for the main industries and effectively enforced. The number of labor inspectors was sufficient to ensure compliance with the law. The Ministry of Labor, Social Affairs, and Family may impose financial penalties on companies found to be noncompliant. In serious cases of labor rights violations, the NLI may withdraw an employer’s license. If there are safety and security concerns found at a workplace, the inspectors may require companies to stop using equipment that poses risks until they meet safety requirements. In cases of “serious misconduct” at a workplace, the law permits labor inspectors to impose additional financial penalties.

Rape and Domestic Violence: Rape of men and women, including spousal rape and domestic violence, is illegal. Sexual violence is a criminal offense, and the penalty for conviction is six months’ to eight years’ imprisonment. The penalty for conviction for rape is one to 10 years’ imprisonment. Police generally investigated accusations of rape, and courts generally tried accused offenders. In January a local court sentenced an individual to 10 months in prison for criminal coercion for allegedly raping an intoxicated woman in 2015 while she was asleep. The penal code defines rape as a perpetrator coercing the victim into sexual intercourse by means of force or serious threats. Local NGOs criticized the sentencing as excessively light and demanded the government change the penal code’s definition of rape to the absence of consent.

The law provides from six months’ to 10 years’ imprisonment for aggravated and grievous bodily harm. Upon receiving reports of spousal abuse or violence, police mostly intervened and prosecuted offenders, but local NGOs reported victims of sexual violence often did not report crimes to police. Local NGOs assessed that police and courts did not effectively intervene in or prosecute cases of alleged domestic abuse.

There was a network of maternity homes, safe houses, and shelters for women and children who were victims of violence. The police academy offered annual training on domestic violence. Local NGOs reported women lacked equal access to assistance and support services and that free psychosocial assistance from NGOs was unavailable in many parts of the country. NGOs also reported a lack of practical training and educational programs for professionals who are legally bound to offer services to survivors of violence. NGOs highlighted the lack of systematic and continuous prevention programs for domestic violence and rape and reported there were no specialized support programs for Romani women, elderly women, or other vulnerable groups.

Sexual Harassment: Sexual harassment of men and women is a criminal offense carrying a penalty if convicted of up to three years’ imprisonment. The law prohibits sexual harassment, psychological violence, mistreatment, or unequal treatment in the workplace that causes “another employee’s humiliation or fear.” Authorities did not prosecute any sexual harassment cases 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 and prohibits official discrimination in matters such as employment, housing, inheritance, nationality, religious freedom, or access to education or health care. Despite legal provisions for equal pay, inequities persisted. Although women were well represented in parliament and in ministerial and deputy ministerial-level posts, as of December only 22 of the 212 mayors in the country were women.

Birth Registration: Citizenship is derived from the parents with certain limitations. A child is granted citizenship at birth if the child’s mother and father were citizens, or one of the child’s parents was a citizen and the child was born on the territory of the country, or one of the child’s parents was a citizen while the other parent was unknown or of unknown citizenship and the child was born in a foreign country. Naturalization is possible. Children of migrants and asylum seekers do not qualify for citizenship if they are born in the country, although their parents may file for asylum or refugee status on their behalf.

Child Abuse: Child abuse is a criminal offense, and conviction carries a penalty of up to three years’ imprisonment. In the first half of the year, police reported 52 cases of child abuse and 353 cases of negligence. The number of reported cases of child abuse was approximately on track with those reported in 2018, whereas the number of reported cases of negligence nearly doubled.

In October 2018 authorities closed the Kengurujcki (Little Kangaroos) child-care facility following allegations of child abuse. After alerting staff to the inappropriate treatment of children, a newly hired employee at the facility recorded a video showing children between the ages of 11 months and four years subjected to force feeding and life-threatening ways to stop them from crying. The video showed a baby with her head and body tightly wrapped in sheets with a mattress on top of her. The employee showed the video to parents, and they jointly reported the case to police. In January local courts charged the perpetrator with neglect and cruel treatment of 10 children. The suspect faced up to three years’ imprisonment. The court case remained pending.

In October a local court sentenced a former kindergarten teacher to a one-year suspended sentence and three years’ probation for three counts of violence against children and barred this individual from future professional work with children. The assailant allegedly abused the children while working as a teacher at the Hrvatini Kindergarten in Koper.

There were 10 crisis centers for youth with a combined capacity for 86 children. The government allowed children to stay at these centers until they reached the age of 21 if they were still in school.

Early and Forced Marriage: The minimum age for marriage is 18. Centers for social service may approve marriage of a person younger than 18, with the approval of parents or legal guardians. Child marriage occurred in the Romani community, but it was not a widespread problem.

Sexual Exploitation of Children: The possession, sale, purchase, or propagation of child pornography is illegal. The penalty for conviction of violations ranged from six months to eight years in prison. The government enforced the law effectively. The law prohibits sexual violence and abuse of minors and soliciting minors for sexual purposes. Statutory rape carries a prison sentence of three to eight years in prison. The law sets the minimum age of consent for sexual relations at 15. The government generally enforced the law.

In March a local court penalized a general medical practitioner with an 18-month suspended sentence for abuse of power and violation of the sexual integrity of a minor for allegedly demanding a 16-year-old disrobe and touching the victim’s breasts and genital areas during an examination for mononucleosis.

In 2018 the hotline Spletno oko (Web Eye) received a sharp increase of reports of potential online criminal acts related to the sexual abuse of children compared with 2017.

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 are an estimated 300 persons of Jewish descent in the country. There were no reports of anti-Semitic violence or overt discrimination.

In December 2018 unknown persons damaged a menorah that was displayed outside Ljubljana’s Jewish Cultural Center to commemorate Hanukkah. The director of the Jewish Cultural Center did not report the incident to police.

In November 2018 police in Velenje arrested a juvenile for public incitement of hatred and intolerance for hanging six Nazi-themed posters in public places. The president and prime minister strongly condemned the act, and the case remained pending. The government promoted antibias and tolerance education in primary and secondary schools, and the Holocaust was a mandatory topic in the history curriculum.

High-level government officials regularly attended the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide, Holocaust Remembrance Day, and other Jewish cultural activities and commemorations. The country is a member of the International Holocaust Remembrance Alliance (IHRA) and supports IHRA’s Working Definition of Antisemitism.

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 law mandates access to buildings and public transportation for persons with disabilities, but modification of public and private structures to improve access continued at a slow pace, and some public transportation stations and buildings–particularly older buildings–were not accessible, especially in rural areas. The law provides social welfare assistance and early-childhood, elementary, secondary, and vocational education programs for children with disabilities. Children with physical, sensory, intellectual, and mental disabilities are entitled to tailored educational programs with additional professional assistance and resources. Depending on their individual needs, some children attended school (through secondary school) with nondisabled peers, while others attended separate schools. It also provides vocational and independent living resources for adults with disabilities. The government continued to implement laws and programs to provide persons with disabilities access to education, employment, health services, buildings, information, communications, the judicial system, transportation, and other state services. The government generally enforced these provisions effectively.

In April the government adopted a proposal to register Slovenian sign language as a constitutionally official language.

The electoral law requires all polling stations to be accessible to persons with disabilities, but the National Electoral Commission estimated that, as of the 2017 presidential election, only 56 percent of polling stations were accessible. In March a local NGO filed a suit at the Constitutional Court alleging the country’s existing legislation did not provide for full access to persons with disabilities at polling stations. As of December the case remained pending. In the 2018 parliamentary elections, the National Electoral Commission used mobile ballot boxes to provide equal access to voters with disabilities. Voters with disabilities who are unable to reach a polling station on election day may also vote by mail.

Two national minorities and one ethnic minority–all of which are constitutionally recognized–live in the country: Roma (estimated at 7,000 to 12,000), Hungarians (approximately 8,000), and Italians (approximately 4,000). The approximately 500 to 2,000 ethnic Germans are not recognized as an official minority group, nor are the approximately 200,000 ethnic Albanians, Bosniaks, Croatians, Macedonians, Montenegrins, and Serbs.

Italian and Hungarian minority communities are each guaranteed one member of parliament to represent their community in the (90-member) National Assembly. Members of the Italian and Hungarian minority communities hold a “double voting right” whereby they elect a representative of their respective minority to the parliament, while also voting in the general parliamentary elections.

Romani minority communities are guaranteed one city council representative in each of the 20 municipalities in which Roma are considered indigenous (areas in which there is a sizeable Roma minority). Members of the Romani minority communities in each of these 20 municipalities hold a “double voting right” whereby they elect a representative of their minority to the municipal council, while also voting in the general municipal elections.

As unofficial minority groups, ethnic Germans, Albanians, Bosniaks, Croatians, Macedonians, Montenegrins, and Serbs do not enjoy the national or municipal political representation held by the Italian, Hungarian, and Romani minorities, but they hold all civil rights and liberties afforded to Slovenian citizens.

Discrimination against socially marginalized Roma persisted in some parts of the country. Organizations monitoring conditions in the Romani community noted that Roma faced difficulties securing adequate housing in traditional housing markets. Many Roma lived apart from other communities in illegal settlements lacking basic utilities, such as electricity, running water, sanitation, and access to transportation. Government officials emphasized that the illegality of settlements remained the biggest obstacle to providing Roma access to adequate housing, water, and sanitation. By law only owners or persons with other legal claims to land, such as legal tenants, may obtain public services and infrastructure, such as water, electricity, and sanitation (see also section 7, Discrimination with Respect to Employment and Occupation).

Organizations monitoring conditions in the Romani community and officials employed in schools with large Romani student populations unofficially reported that high illiteracy rates among Roma persisted. While education for children is compulsory through grade nine, school attendance and completion rates by Romani children remained low. In 2018 Silvo Mesojedec, the head of Novo Mesto’s Civil Initiative for Roma Issues, said fewer than 1 percent of inhabitants in Zabjak-Brezje (the country’s largest illegal Romani settlement with approximately 700 inhabitants) had finished primary school, and local NGOs estimated fewer than 20 percent of Romani children in the southeastern region of Dolenjska completed primary school.

The Center for School and Outdoor Education continued its 2016-22 project on Romani education, financed by the Ministry of Education, Science and Sport and the European Social Fund. The project helped Romani children succeed in the educational system through mentoring and support, including extracurricular activities and preschool education at community multipurpose centers. Although segregated classrooms are illegal, a number of Roma reported to NGOs their children attended segregated classes and that school authorities selected them disproportionately to attend classes for students with special needs. A local NGO estimated that 30 to 40 percent of the students attending special needs schools and classes were Romani children, despite the fact that Roma comprise less than 1 percent of the total population.

Local NGOs called on the government to adopt new measures to improve access to housing, education, and employment for Roma. The human rights ombudsman reported elderly Roma were among the most vulnerable individuals and needed additional care and support services. The average life expectancy of Roma is estimated to be 10 years lower than that of the rest of the population.

A government-established commission to safeguard the rights of Roma continued to function. The commission included representatives from the Romani community, municipalities, and the government.

The ethnic Albanian, Bosniak, Croatian, Macedonian, Montenegrin, and Serbian communities called on the government to recognize their communities officially in the constitution. In July the government established the Government Council for Ethnic Communities of Members of Former Yugoslav Nations in Slovenia as a consultative body to address issues faced by such ethnic groups living in the country.

The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services. The government enforced such laws effectively, but societal discrimination was widespread.

The law considers crimes against LGBTI persons to be hate crimes and prohibits incitement to hatred based on sexual orientation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities, as well as law enforcement authorities, recorded incidents, but they did not track the number of cases of violence against LGBTI persons. Local NGOs asserted that violence against LGBTI persons was prevalent but that victims often did not report such incidents to police.

In October unidentified assailants assaulted a prominent LGBTI activist in Murska Sobota. The victim sustained serious injuries and reported the attackers yelled homophobic slurs during the assault. The victim reported the incident to police, and the case was under investigation.

Maribor, the country’s second-largest city, held the country’s first pride parade outside of Ljubljana in June. Following the Maribor Pride Parade, an unknown assailant allegedly threw a rock at a parade participant, who sustained mild injuries. The victim reported the incident to police, and the case was under investigation.

In November an employee working at a popular nightclub in Maribor allegedly yelled homophobic slurs at an LGBTI individual and violently removed the individual from the nightclub. The victim sustained mild injuries and reported the incident to police. As of December, the case was under investigation.

While the law and implementing regulations establish procedures for legal gender recognition, LGBTI NGOs maintained the provisions are too general, subject to misinterpretation and arbitrary decisions, and insufficiently protect the rights to health, privacy, and physical integrity of transgender persons. For example, NGOs reported only two psychiatrists were authorized to provide documentation required for individuals to begin the process, which resulted in waiting times of up to a year.

NGOs reported HIV-positive individuals often faced stigma and discrimination in access to health care. For example, Activists for the Rights of People Living with HIV and medical experts from the Clinic for Infectious Diseases and Febrile Conditions reported that 90 percent of individuals living with HIV experienced discrimination in medical institutions due to their HIV status. In one case an HIV-positive patient said a dentist refused to provide dental services to him due to his HIV status. This patient filed a suit against the dentist, and the court ruled the dentist did discriminate against him due to his HIV-positive status.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law does not prohibit antiunion discrimination or require reinstatement of workers fired for union activity. In 2016, in the first ruling of its kind, a court ruled to protect the right of workers to unionize. NGOs reported that in practice employers have informally pressured employees to refrain from organizing or to deunionize, particularly workers in the metal industry and transport sector.

The law requires unionization of at least 10 percent of workers in a sector before the sector may engage in collective bargaining. The law restricts the right to strike for police, members of the military, and some other public employees, providing for arbitration instead. Local NGOs assessed that although penalties for violations were sufficient, a shortage of labor inspectors impeded the government’s ability to effectively prevent, monitor, and deter violations. Judicial and administrative procedures were not subject to lengthy delays or appeals.

The government respected freedom of association and the right to bargain collectively.

While the law prohibits all forms of forced or compulsory labor, and the government generally enforced the law, forced labor occurred and was most prevalent in the metal and wood industry, construction, hospitality, and transport sectors. Local NGOs assessed that while penalties for violations were sufficient, a shortage of inspectors impeded the government’s ability to effectively prevent and monitor violations.

There were reports men, women, and children were subjected to forced labor in the construction sector and forced begging. A government report found minors and migrant workers were particularly vulnerable to forced labor or trafficking conditions, while fraudulent employment and recruitment of migrant workers remained a problem.

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

The law prohibits the worst forms of child labor. The minimum legal age of employment is 15. The law limits hours, mandates rest periods, prohibits working in hazardous locations, and specifies adult supervision for workers younger than age 18. While no specific occupations are restricted, hazardous work locations specified by the law include those that are underground and underwater and those involving harmful exposure to radiation, toxic or carcinogenic agents, extreme cold, heat, noise, or vibrations. Penalties for labor law violations related to child labor violations range from a fine to one year in prison and were sufficient to deter violations. The government generally enforced child labor and minimum age laws effectively. Nevertheless, children younger than 15 in rural areas often worked during the harvest season and performed farm chores. Some children were also subjected to sex trafficking and trafficking for forced labor, including forced begging.

The law establishes a general framework for equal treatment and prohibits discrimination with respect to employment or occupation based on race or ethnic origin, sex, color, religion, age, citizenship, disability, or sexual orientation. The law specifically prohibits discrimination based on language or HIV-positive status. The government effectively enforced these laws. Penalties for violations range widely, depending on the type and size of the employing organization, and were sufficient to deter violations. Women’s earnings were approximately 68 percent those of men, while in comparable positions, women’s earnings were approximately 97 percent those of men.

There were few formal complaints of discrimination, although there were some reports of employment discrimination based on gender, age, and nationality. In certain sectors foreign workers are required to remain employed with their initial employer for a minimum of one year. Local NGOs assessed this requirement enabled labor exploitation through lower salaries, poor living conditions, and longer working hours. Migrant workers enjoyed the same labor rights as citizens, but they faced discrimination. Many migrants worked in the hospitality sector or in physically demanding jobs. Some migrant workers were not aware of local labor laws regarding minimum wage, overtime, health care, and other benefits, a problem compounded by language barriers.

In October the Office of the Advocate of the Principle of Equality filed a lawsuit against the Slovenian Association of Cycling Commissaries over alleged employment discrimination based on age. Association of Cycling Commissaries bylaws do not permit individuals older than age 70 to work, and the Association automatically dismissed one of its employees upon reaching 70 years of age. The Office of the Advocate of the Principle of Equality filed the lawsuit on behalf of the individual, and the case remained pending.

One NGO estimated only 2 percent of Roma in the southeastern part of the country worked in the formal economy. Employment in informal sectors made Roma vulnerable to labor law violations, particularly in terms of benefits and procedures for termination of employment. Employment discrimination against Roma was not limited to a specific sector. The government attempted to address problems experienced by Roma (see also section 6, National/Racial/Ethnic Minorities).

The national monthly gross minimum wage exceeded the poverty line. The official poverty line is set at 662 euros ($730) per month for single-member households. The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors minimum wage compliance and has inspection authority. According to NGOs and advocacy groups, authorities generally enforced the laws effectively, except in some cases involving migrant workers and asylum seekers, who faced conditions of exploitation. Penalties for violations were sufficient to deter violations.

Collective agreements determined whether workers received premium pay for overtime. The law limits overtime to eight hours per week, 20 hours per month, and 170 hours per year.

The European Trade Union Confederation reported five cases of potential labor exploitation of Slovenian nationals temporarily working in other EU countries to the European Labor Authority. A local trade union confederation expressed concern that Slovenian authorities issued temporary work permits for its nationals to work in other EU countries based on false pretenses and without adequately monitoring the posted employees or checking for potential violations. The trade union confederation urged the government to adopt measures to prevent and combat such violations. Common examples of such exploitation included pay discrepancies between local and posted Slovenian workers and companies neglecting to pay social security contributions or grant paid holidays and sick leave.

Special commissions under the Ministry of Health and the Ministry of Labor, Family, Social Affairs, and Equal Opportunities set occupational health and safety standards for workers that are appropriate for the main industries in the country. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers facing hazardous working conditions included professional divers, mountain rescuers, sailors, construction workers, and miners. Workers facing exploitative working conditions included those employed in construction, the transport sector, the wood industry, and exotic dancers.

The law requires employers to protect workers injured on the job. If incapacitated, such workers may perform other work corresponding to their abilities, obtain part-time work, and receive occupational rehabilitation and wage compensation.

The Ministry of Labor, Family, Social Affairs, and Equal Opportunities monitors labor practices and has inspection authority; police are responsible for investigating violations of the law. According to NGOs and advocacy groups, authorities enforced the laws effectively, except in some cases involving migrant workers and asylum seekers who faced conditions of exploitation. The International Labor Organization’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) observed that conflicts between laws governing inspection could lead to uncertainty regarding whether inspectors have a right of access to work sites. The law requires employers to make social security payments for all workers. The Free Legal Aid Society reported that employers of migrant workers usually did not deduct social security from paychecks, leaving those workers without a future pension or access to social services. The number of inspectors was insufficient to monitor potential labor contract, occupation safety, and health violations; the CEACR and NGOs reported an urgent need to increase the number of inspectors to keep up with the workload. Labor inspectors carried out labor contract and occupational safety and health inspections, found violations, and issued penalties. In both fields the majority of violations took place in the wood-processing industry, the metal industry, construction, and bars and restaurants.

There were no major industrial accidents during the year in which workers were injured.

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, with a maximum penalty of life imprisonment. Domestic violence is a crime with a maximum penalty of three years in prison and a fine of SBD 30,000 ($3,560). Violence against women and girls, including rape and domestic abuse, remained a serious problem but was underreported. Among the reasons cited for failure to report abuse were pressure from male relatives, fear of reprisals, feelings of shame, and cultural taboos on discussing such matters.

Police often charged persons suspected of domestic violence and assault against women. As part of the police curriculum, officers receive specialized training on how to work with rape victims. Police have a Sexual Assault Unit, staffed mostly by female officers, to provide support to victims and investigate charges. In reported cases of domestic abuse, victims often dropped charges before a court appearance, or settled cases out of court. In cases in which charges were filed, the time between the charging of an individual and the subsequent court hearing could be as long as two years. The magistrates’ courts dealt with physical abuse of women as with any other assault, but prosecutions were rare due to low judicial and police capacity and cultural bias against women.

With donor funding and support, the government conducted training workshops for local court officials on how to process cases of domestic violence and rape. The training focused on how to apply relevant laws and policies and use referral networks to support victims.

For victims of domestic violence, the law provides for access to counseling and medical services, legal support, and a safe place within the community if they cannot return home. The government has a referral system in place to coordinate these services, but referral agencies often lacked funding, especially in rural areas. The Family Support Center and a church-run facility for abused women provided counseling and other support services for women.

Other Harmful Traditional Practices: Customary bride-price payments remained common and contributed to the perception of male ownership of women.

Sexual Harassment: Sexual harassment was not illegal and was a widespread problem.

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

Discrimination: While the law accords women equal legal rights, including the right to own property, most women were limited to customary family roles that prevented them from taking more active roles in economic and political life. No laws mandate equal pay for work of equal value (see section 7.d.). The government did not enforce equal rights laws effectively.

Birth Registration: Children acquire citizenship through their parents. The law does not allow dual citizenship for adults, and persons who acquire dual citizenship at birth must decide by age 18 which citizenship to retain. Registration delays did not result in the denial of public services to children.

Education: Education was neither free nor compulsory. Government policy was to cover operational costs for children age six to 15 years to attend school, but it rarely covered all costs and allowed schools to request additional contributions from families in the form of cash or labor. These additional costs prevented some children from attending school.

Child Abuse: Child sexual and physical abuse remained significant problems. The law grants children the same general rights and protections as adults, with some exceptions. The law mandates the Social Welfare Division of the Ministry of Health and Medical Services to coordinate child protection services and authorizes the courts to issue protection orders in cases of serious child abuse or neglect. Laws do not specifically prohibit the use of children in illicit activities such as drug trafficking.

The government did not effectively enforce laws designed to protect children from sexual abuse, child labor, and neglect (see section 7.c.). The law criminalizes domestic violence including violence against children, but there was poor public awareness, and the law was not well enforced.

Early and Forced Marriage: Both boys and girls may legally marry at age 15, and the law permits marriage at age 14 with parental and village consent. Marriage at such young ages was not common.

Sexual Exploitation of Children: The minimum age for consensual sex is 15 years. The maximum penalty for sexual relations with a girl younger than age 13 is life imprisonment, and for sexual relations with a girl age 13 to 15, the penalty is 15 years’ imprisonment. Consent is not a permissible defense under these provisions; however, in the latter case, reasonable belief the victim was age 16 or older is a permissible defense. Selling or hiring minors younger than age 15 and between 15 and 18 for prostitution is punishable as a criminal offense. There were reports of workers in logging camps sexually exploiting girls as young as age 12, but in most cases official charges were not filed.

Child pornography is illegal and carries a maximum penalty of 10 years’ imprisonment. The law criminalizes the commercial sexual exploitation of children and participation in or use, distribution, or storing of sexually exploitative materials involving children. Girls and boys were exploited in prostitution and sexual servitude. Trafficking of children carries a maximum sentence of 25 years’ imprisonment.

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/.

No law or national policy prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities, and no legislation mandates access to buildings, information, or communications for such individuals. Very few buildings were accessible to persons with disabilities. In 2018 parliament passed measures that require electoral officials to provide special accommodation for voters with disabilities.

The country had one separate educational facility, supported almost entirely by the International Committee of the Red Cross, for children with disabilities. Children with physical disabilities could attend mainstream schools, but inaccessible facilities and a lack of resources often made it difficult for them to access education. No law requires reasonable accommodations in the workplace, and high unemployment nationwide made it difficult for persons with disabilities to find work, particularly in rural areas.

There were very limited government facilities or services for persons with mental disabilities.

The country has more than 27 major islands with approximately 70 language groups. Many islanders saw themselves first as members of a clan, next as inhabitants of their natal island, and only third as citizens of the nation. Tensions and resentment between the Guadalcanalese and the Malaitans on Guadalcanal culminated in violence beginning in 1998. Underlying problems between the two groups remained, including issues related to jobs and land rights.

“Sodomy” is illegal, as are “indecent practices between persons of the same sex.” The maximum penalty for the former is 14 years’ imprisonment and for the latter five years. There were no reports of arrests or prosecutions directed at lesbian, gay, bisexual, transgender, or intersex persons under these provisions during the year, and authorities generally did not enforce these laws.

There are no specific antidiscrimination laws based on sexual orientation and gender identity. There were no reports of violence or discrimination against persons based on sexual orientation or gender identity, although stigma may hinder some from reporting.

Sorcery-related violence was reported in 2018. Such violence typically targeted the most vulnerable persons: young women, widows without male sons, and the elderly.

In 2018 then prime minister Houenipwela launched the second phase of the UN Peacebuilding Project aimed at consolidating peace, stability, and social cohesion. With support from the UN Peacebuilding Project, the government hosted stakeholder dialogues targeting women and youth as key agents for peacebuilding efforts.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination but does not specifically provide for reinstatement of workers fired for trade union activity. The law permits strikes in both the public and private sectors. A notice to the government 28 days prior to a strike is required for strikes to be legal. The government has discretionary power in relation to cancelation and suspension of registration of unions, a power which can take effect even in the case of judicial review.

The government prohibits strikes by civil servants in essential services, but there are procedures in place to provide these workers due process and protect their rights. The government defines essential services as including, but not limited to, the health, public security, aviation, marine, immigration, and disaster-relief sectors. The law does not provide for the rights of workers in the informal sector to organize or to collective bargaining. In addition the law places limits on the rights of workers to act as union representatives based on age, literacy, criminal record, and membership in more than one union.

Government enforcement of the law was inconsistent; the small penalties were not sufficient to deter violations. The penalty for antiunion discrimination was not effective, for example, because employers could afford to pay the fine and easily replace workers. Penalties for illegal strikes, on the other hand, served as a deterrent for employees to strike.

Collective bargaining agreements determined wages and conditions of employment in the formal economy. Disputes between labor and management not settled between the two sides were referred to the Trade Disputes Panel for arbitration, either before or during a strike. While the panel deliberates, employees have protection from arbitrary dismissal or lockout. The three-member panel, composed of a chairperson appointed by the judiciary, a labor representative, and a business representative, is independent and neutral. The panel’s decisions are binding on the parties. Administrative and judicial procedures were not subject to lengthy delays or appeals.

Workers exercised their rights to associate and bargain collectively, although employers did not always respect these rights. Since only a small percentage of the workforce was in formal-sector employment, employers could easily replace workers if disputes were not resolved quickly.

In 2018 the Solomon Islands Nurses Association issued a strike notice to the government for not honoring a 2008 agreement to improve working conditions. The government agreed to review the agreement, and the union withdrew the strike notice. In February nurses threatened to strike again after the government failed to honor the understanding from 2018.

The Workers Union of Solomon Islands actively negotiated with private employers during the year.

The constitution prohibits all forms of forced or compulsory labor, except as part of a court sentence or order. The government did not effectively enforce the law. The immigration act prohibits transnational forced labor, and the penalties are sufficient to deter violations. Penalties for forced labor which is not transnational are sufficient to deter violations.

The government typically relied on labor inspectors to report on any instances of forced or compulsory labor during regularly scheduled routine inspections; however, there were not enough inspectors or resources to enforce the laws effectively. The government continued its efforts to monitor and investigate operations at logging companies, although it did not initiate any prosecutions.

There were reports of children and adults forced to work in logging camps and of children in domestic servitude or service industries. Local and foreign fishermen reported situations indicative of labor trafficking, including nonpayment of wages, severe living conditions, violence, and limited food supply on Taiwan-flagged fishing vessels in the country’s territorial waters and ports.

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

The law prohibits labor by children younger than age 12, except light agricultural or domestic work performed in the company of parents, or other labor approved by the commissioner of labor. Children younger than age 18 may not work at night in any industry without specific written permission from the labor commissioner. Girls younger than age 18 may not work on a ship or underground in mines; boys may work on a ship or underground in a mine if they are at least 16 years old, provided they have a medical certificate attesting they are fit for such work. The law bars children younger than age 15 from work in industry or on ships, except aboard training ships for educational purposes. The law does not limit the number of hours a child can work, nor does it clearly set forth a minimum age for hazardous work or delineate the type of work considered hazardous for all children. Not all of the worst forms of child labor are prohibited. The law does not specifically outlaw the use, procuring, or offering of a child younger than age 18 for the production and trafficking of drugs.

The commissioner of labor is responsible for enforcing child labor laws, but the resources devoted to investigating child labor cases were inadequate to investigate or deter violations. The law provides for penalties that are insufficient to deter violations.

Children worked in agriculture, fishing, alluvia mining, as domestic servants, cooks, and in logging camps where conditions often were poor. For example, young girls worked long hours and in isolation as domestic workers in mining camps. In some cases these conditions could amount to forced labor (see section 7.b.). There were reports of commercial sexual exploitation of children (see section 6, Children). Children also assisted in cultivating, distributing, and selling local drugs such as betel nut or marijuana. They were at risk of physical abuse, mental illness, addiction, sexual abuse, and robbery.

According to the Solomon Islands Demographic and Health Survey, 2 percent of children age five to 11 years and 12 percent of children age 12 to 14 were engaged in paid labor. Paid child labor was more common among female children in urban areas and all children living in rural areas.

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

No laws prohibit discrimination in employment and occupation. By regulation public service officers should ensure their workplace is “free from harassment, including sexual harassment.” Discrimination in employment and occupation occurred on grounds of gender, disability, language, sexual orientation and gender identity, and HIV-positive status.

Women experienced discrimination especially in the attainment of managerial positions. Employed women were predominantly engaged in low-paying and low-skilled jobs. A significant gender gap exists in senior positions. For example, women dominated the lower administrative level on the public-service workforce, but very few women held senior management positions. A shortage of jobs compounded the limited entry and advancement opportunities for women in the workforce. A program, “Waka Mere” (She Works), funded and implemented by the International Finance Corporation, Australia, and New Zealand, worked with businesses to promote gender equality in the private sector.

In August the minimum wage was increased and is above the poverty level. The proportion of the population living below the food poverty line was 4.4 percent. The standard workweek is 45 hours and is limited to six days per week.

Occupational safety and health laws require employers to provide a safe working environment and forbid retribution against any employee who seeks protection under labor regulations. These laws are current and appropriate for main industries. Laws on working conditions and safety standards apply equally to foreign workers and citizens. Penalties are sufficient to deter violations. Some workers could not remove themselves from situations that endangered their health or safety, particularly in the fishing and logging industries, without jeopardy to their employment.

The commissioner of labor in the Ministry of Commerce, Industry, Labor and Immigration, the public prosecutor, and police are responsible for enforcing labor laws; however, they usually reacted to complaints rather than routinely monitoring adherence to the law. The government did not effectively enforce labor laws. The government’s minimal human and financial resources limited its ability to enforce the law in smaller establishments, the informal economy, and the subsistence sector. The number of labor inspectors was, moreover, insufficient to monitor labor practices routinely, particularly in extractive sectors outside of the capital. An active labor movement and an independent judiciary, however, helped provide effective oversight of labor law enforcement in major state and private enterprises. The law does not specify penalties for violations, significantly weakening effective enforcement.

Workers in the logging, construction, and manufacturing industries were subject to hazardous and exploitative work. Accidents were largely due to negligence or failure to adhere to safety practices by employees and employers.

Rape and Domestic Violence: The law criminalizes rape, providing penalties of five to 15 years in prison for violations. Military court penalties for rape included death sentences. The government did not effectively enforce the law. There are no federal laws against spousal violence, including rape, although in 2016 the Council of Ministers approved a national gender policy that gives the government the right to sue anyone convicted of committing gender-based violence, such as the killing or rape of a woman. In August 2018 the Somaliland president signed into law the Sexual Offenses Bill that provides punishment of up to 20 years’ imprisonment for perpetrators and compensation for victims. Puntland enacted a state law against sexual offenses in 2016 that provides for life imprisonment or the death penalty for offenses such as rape using a weapon.

Somali NGOs documented patterns of rape perpetrated with impunity, particularly of female IDPs and members of minority clans.

Government forces, militia members, and men wearing uniforms raped women and girls. While the army arrested some security force members accused of such rapes, impunity was the norm. In Lower Shabelle, most rapes of local civilians occurred at checkpoints or in farms and villages near checkpoints. The majority of the checkpoints where abuses occurred were controlled by the SNA, although many local residents believed local militias controlled the checkpoints.

The work of approximately a dozen women’s groups, civil society organizations, and health-care workers in Lower Shabelle helped to reduce the effects of rape cases across Lower Shabelle in spite of the lack of justice. The organizations provided treatment, counseling, community coordination, and training on sexual and gender-based violence throughout the region and at times joined the Lower Shabelle administration in community engagement once a town is cleared of al-Shabaab.

IDPs and members of marginalized clans and groups suffered disproportionately from gender-based violence. Gender-based violence, including rape, continued to affect women and girls when on the move to collect water, go to market, and cultivate fields. Dominant patterns included the abduction of women and girls for forced marriage and rape, perpetrated primarily by nonstate armed groups, and incidents of rape and gang rape committed by state agents, militias associated with clans and unidentified armed men. As of July 31, partners of UNHCR’s project Protection and Return Monitoring Network reported 462 cases of rape or attempted rape in Somalia, a figure thought to underestimate greatly the true total. Police were reluctant to investigate and sometimes asked survivors to do the investigatory work for their own cases. Some survivors of rape were forced to marry perpetrators.

Authorities rarely used formal structures to address rape. Survivors suffered from subsequent discrimination based on the attribution of “impurity.”

In February, four young men were accused of gang-raping and killing a 12-year-old girl in Galkayo, Puntland. Three of the initially accused were convicted and in May sentenced to death. Prosecutors used DNA evidence for the first time in their case against the three young men.

Local civil society organizations in Somaliland reported that gang rape continued to be a problem in urban areas, primarily perpetrated by youth gangs and male students. It often occurred in poorer neighborhoods and among immigrants, returned refugees, and displaced rural populations living in urban areas.

Domestic and sexual violence against women remained serious problems despite the laws prohibiting any form of violence against women. While both sharia and customary law address the resolution of family disputes, women were not included in the decision-making process. Exposure to domestic violence was also significantly heightened in the context of displacement and socioeconomic destitution. Survivors faced considerable challenges for accessing necessary multisectoral services, including health, psychosocial support, justice and legal assistance, concerns for their reputation, and their exclusion from their communities. In several cases survivors from violence and providers of sexual and gender-based violence services were directly threatened by authorities when such abuses were perpetrated by men in uniform.

Al-Shabaab also committed sexual violence, primarily through forced marriages. Al-Shabaab sentenced persons to death for rape. The organization forced marriages on girls and women between the ages of 14 and 20 in villages under its control. The families of the girls and young women generally had little choice but to acquiesce or face violence.

Female Genital Mutilation/Cutting (FGM/C): Although the provisional federal constitution describes female circumcision as cruel and degrading, equates it with torture, and prohibits the circumcision of girls, FGM/C was almost universally practiced throughout the country. The FGS president’s adviser on gender affairs, Ifrah Ahmed, and her foundation have lobbied religious, political, and community leaders for action to end FGM/C and to protect victims.

In February 2018 the Somaliland Ministry of Religious Affairs issued a fatwa to condemn the most severe forms of the practice of FGM/C and to allow FGM/C victims to receive compensation. The ministry did not specify punishments for the practice. Health workers from the Somaliland Family Health Association began traveling from village to village to explain that FGM/C had no health benefits and could lead to health complications. Many women reportedly began to opt for less severe types of FGM/C.

Other Harmful Traditional Practices: Adultery in al-Shabaab-controlled areas was punishable by death. In May 2018 a woman was stoned to death in the town of Sablale, Lower Shabelle, after al-Shabaab members accused her of polygamy. Early and forced marriages frequently occurred (see section on Children).

Sexual Harassment: The law provides that workers, particularly women, shall have a special right of protection from sexual abuse and discrimination. Nevertheless, sexual harassment was believed to be widespread.

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

Discrimination: Women did not have the same rights as men and experienced systematic subordination to men, despite provisions in the law prohibiting such discrimination. Women experienced discrimination in credit, education, politics, and housing. In 2016, five months after the Council of Ministers approved a national gender policy to increase women’s political participation, economic empowerment, and the education of girls, the Somali Religious Council publicly warned the government against advocating for women in politics. The council called the 30 percent quota for women’s seats in parliament “dangerous” and against Islamic religious tenets and predicted the policy would lead to disintegration of the family. When the minister for human rights and women tabled the sexual offenses bill, religious clerics called for her to be criminally charged.

Only men administered sharia, which often was applied in the interests of men. According to sharia and the local tradition of blood compensation, anyone found guilty of the death of a woman paid to the victim’s family only one-half the amount required to compensate for a man’s death.

The exclusion of women was more pronounced in al-Shabaab-controlled areas, where women’s participation in economic activities was perceived as anti-Islamic.

While formal law and sharia provide women the right to own and dispose of property independently, various legal, cultural, and societal barriers often prevented women from exercising such rights. By law girls and women could inherit only one-half the amount of property to which their brothers were entitled.

In March several media associations accused the Ministry of Women and Human Rights Development of preventing female journalists from covering the Women’s Convention in Mogadishu and of inviting nonjournalist men to sit in on their behalf.

Birth Registration: Nationality is derived at birth from a Somali national father, but not from the mother, nor from birth in the country’s territory. Children of Somali mothers can acquire Somali nationality after two years. The provisional federal constitution provides that there is only one Somali citizenship and calls for a special law defining how to obtain, suspend, or lose it. As of year’s end, parliament had not passed such a law.

According to UNICEF data from 2010 to 2015, authorities registered 3 percent of births in the country. Authorities in Puntland and in the southern and central regions did not register births. Birth registration occurred in Somaliland, but numerous births in the region were unregistered. Failure to register births did not result in denial of public services, such as education.

Education: The law provides the right to a free education up to the secondary level, but education was not free, compulsory, or universal. In many areas children did not have access to schools. Nearly one-half of the student-age population remained out of school due to barriers such as poverty in rural areas, lack of security, exorbitant school fees, and competing household and labor demands. NGOs and nonstate private actors attempted to fill this gap, but with different curricula, standards, and languages of instruction. Preprimary Islamic education continued to be prevalent and often led to late primary student enrollment. Girls faced additional challenges of early marriage and low prioritization of girls’ education, leading to even lower attendance. IDP children had much lower rates of attendance than nondisplaced children. There was an insufficient supply of qualified teachers, particularly female teachers.

The government lacked funds to provide effective education countrywide, a gap partially filled by NGOs and nonstate private actors, and its reach was often limited to more secure urban areas.

Child Abuse: Child abuse and rape of children were serious problems, and there were no known efforts by the government or regional governments to combat child abuse. Children remained among the chief victims of continuing societal violence.

The practice of asi walid, whereby parents placed their children in boarding schools, other institutions, and sometimes prison for disciplinary purposes and without any legal procedure, continued throughout the country.

Early and Forced Marriage: The law requires both marriage partners to have reached the “age of maturity” and defines a child as a person younger than 18 but does not specifically outlaw child marriage. It notes marriage requires the free consent of both the man and woman to be legal. Early marriages frequently occurred. UNICEF estimated in 2006 that 45 percent of women married before age 18 and 9 percent before age 15. In areas under its control, al-Shabaab arranged compulsory marriages between its soldiers and young girls and used the lure of marriage as a recruitment tool for its soldiers. There were no known efforts by the government or regional authorities to prevent early and forced marriage.

Sexual Exploitation of Children: The law does not expressly prohibit using, procuring, and offering a child for prostitution, pornography, or pornographic performances. Additionally, children exploited in prostitution are not protected from criminal charges under the law. There is no statutory rape law or minimum age for consensual sex. The law does not expressly prohibit child pornography. The law on sexual exploitation was rarely enforced, and such exploitation reportedly was frequent.

Child Soldiers: The use of child soldiers remained a problem (see section 1.g.).

Displaced Children: There was a large population of IDPs and children who lived and worked on the streets. UNICEF estimated that 1.7 million of the 2.6 million total IDPs were children.

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

There was no known Jewish community, 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 provides equal rights before the law for persons with disabilities and prohibits the state from discriminating against them. Authorities did not enforce these provisions. The law does not discuss discrimination by nongovernmental actors.

The needs of most persons with disabilities were not addressed. According to Amnesty International, persons with disabilities faced daily human rights abuses, such as unlawful killings, violence including rape and other forms of sexual violence, forced evictions, and lack of access to health care, education, or an adequate standard of living. Children and adults with all types of disabilities were often not included in programs aimed at supporting persons in the country, including humanitarian assistance. IDPs with disabilities were often victims of multiple forced evictions. Domestic violence and forced marriage were prevalent practices affecting persons with disabilities. Women and girls with disabilities faced an increased risk of rape and other forms of sexual violence, often with impunity, due to perceptions that their disabilities were a burden to the family or that such persons were of less value and could be abused.

In November the Somali Disability Empowerment Network publicly condemned remarks allegedly made by the commander of the Custodial Corps general Mahad Abdirahman Aden that persons with disabilities were not needed to serve as employees of the Custodial Corps, which operate the country’s prisons.

Without a public health infrastructure, few services existed to provide support or education for persons with mental disabilities. It was common for such persons to be chained to a tree or restrained within their homes.

Local organizations advocated for the rights of persons with disabilities with negligible support from local authorities.

More than 85 percent of the population shared a common ethnic heritage, religion, and nomad-influenced culture. In most areas the dominant clan excluded members of other groups from effective participation in governing institutions and subjected them to discrimination in employment, judicial proceedings, and access to public services.

Minority groups, often lacking armed militias, continued to be disproportionately subjected to killings, torture, rape, kidnapping for ransom, and looting of land and property with impunity by faction militias and majority clan members, often with the acquiescence of federal and local authorities. Many minority communities continued to live in deep poverty and to suffer from numerous forms of discrimination and exclusion. Some observers believed minority clans’ resentment over abuses made them more vulnerable to recruitment by al-Shabaab. Bantu advocacy groups stated the community’s isolation from the government’s security sector integration efforts pushed some Bantu youth into joining al-Shabaab.

Bantu communities, primarily living between the Juba and Shabelle Rivers in southern Somalia, continued to face discrimination, including verbal abuse, and being forced to adopt Arabic names. The discrimination was renewed in IDP camps, where Bantu women were not protected by traditional clan structure.

Fighting between clans resulted in deaths and injuries (see section 1.g.).

Same-sex sexual contact is punishable by imprisonment for three months to three years. The country’s law classifies sexual violence as an “offense against modesty and sexual honor” rather than as a violation of bodily integrity, and punishes same-sex intercourse. The law does not prohibit discrimination based on sexual orientation or gender identity. There were no known lesbian, gay, bisexual, transgender, and intersex (LGBTI) organizations and no reports of events. There were few reports of societal violence or discrimination based on sexual orientation or gender identity due to severe societal stigma that prevented LGBTI individuals from making their sexual orientation or gender identity known publicly. There were no known actions to investigate or punish those complicit in abuses. Hate crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes against members of the LGBTI community.

Persons with HIV/AIDS continued to face discrimination and abuse in their local communities and by employers in all regions. The United Nations reported that persons with HIV/AIDS experienced physical abuse, rejection by their families, and workplace discrimination and dismissal. Children of HIV-positive parents also suffered discrimination, which hindered access to services. There was no official response to such discrimination.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of every worker to form and join a trade union, participate in the activities of a trade union, conduct legal strikes, and engage in collective bargaining. No specific legal restrictions exist that limit these rights. The law does not address antiunion discrimination or the reinstatement of workers fired for union activity. Legal protections did not exclude any particular groups of workers. Penalties were not sufficiently stringent to deter violations. The government did not effectively enforce these laws.

Government and employers did not respect freedom of association or collective bargaining rights. The government interfered in union activities. Two unions claimed that in February 2018 government officials called the hotels where they were holding meetings and asked the hotels to cancel the union reservations. The Federation of Somali Trade Unions (FESTU), the largest trade union federation in Somalia, submitted observations to the International Labor Organization (ILO), alleging a continuing pattern of harassment and intimidation, particularly among union leaders in telecommunications.

In June 2018 FESTU became accredited to the ILO’s International Labor Conference to represent Somali workers after the International Trade Union Confederation (ITUC) submitted an objection to government-accredited persons who attended as workers’ delegates. The delegates were not trade union representatives and not genuine officials of FESTU. The government had accredited representatives during the past four years whom FESTU stated were not genuine trade unionists. The ILO’s Credentials Committee agreed with ITUC’s objection and revoked the credentials of individuals accredited by the government as workers’ representatives, allowing FESTU leaders to be accredited as an official delegation and to represent workers of Somalia at the conference.

In April, FESTU organized a workshop attended by 12 unions affiliated with the federation. Discussions focused on organizing workers in the informal economy, advocating for a minimum living wage, and pressing the federal government to enact the draft national labor bill.

In March, Somali National Army troops in Middle and Lower Shabelle went on strike in protest over unpaid salaries.

The provisional federal constitution prohibits slavery, servitude, trafficking, or forced labor for any purpose. The government did not effectively enforce the law. The penalties for slavery and forced labor were insufficient to deter violations. There were no known efforts by the government to prevent or eliminate forced labor in the country. The Ministry of Labor and Social Affairs did not have an inspectorate and did not conduct any labor-related inspections.

Forced labor occurred. Children and minority clan members were reportedly used as porters to transport the mild narcotic khat (or miraa), in farming and animal herding, crushing stones, and construction. Al-Shabaab forced persons in their camps to move to the countryside, reportedly to raise cash crops for the organization.

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

Existing law does not set a minimum wage for employment. The pre-1991 labor code prohibits child labor, provides a legal minimum age of 15 for most employment, prescribes different minimum ages for certain hazardous activities, and prohibits those younger than 18 from night work in the industrial, commercial, and agricultural sectors, apart from work that engages family members only. Legislation that comprehensively prohibits hazardous occupations and activities for children, however, does not appear to exist. While the pre-1991 law remains on the books it was not enforced. The provisional federal constitution states, “No child may perform work or provide services that are not suitable for the child’s age or create a risk to the child’s health or development in any way.” The provisional federal constitution defines a child as any person younger than 18. The provisional federal constitution does not set a minimum age for employment.

The federal Ministries of Labor and Social Affairs and of Women and Human Rights Development, as well as the Somali National Police, are responsible for enforcing child labor laws. The ministries did not enforce these laws. The legal penalties for child labor are insufficient to deter violations. The government participated in campaigns to remove children from participation in armed conflict (see section 1.g.).

Child labor was widespread. The recruitment and use of child soldiers remained a problem (see section 1.g.). Youths commonly worked in herding, agriculture, household labor, and forced begging from an early age. Children broke rocks into gravel and worked as vendors and transporters of cigarettes and khat on the streets. UNICEF estimated 49 percent of children between the ages of five and 14 were in the workforce between 2009 and 2015.

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 .

The law and regulations prohibit discrimination regarding race, sex, disability, political opinion, color, language, or social status, but the government did not effectively enforce those laws and regulations. The labor code requires equal pay for equal work. Penalties were not sufficient to deter violations. The law does not prohibit discrimination on the basis of religion, age, national origin, social origin, stateless status, sexual orientation or gender identity, or HIV-positive status or other communicable diseases.

The law does not provide for a national minimum wage.

The pre-1991 labor code provides for a standard workweek of 48 hours and at least nine paid national holidays and 15 days of annual leave. The law requires premium pay for overtime and work performed on holidays, and limits overtime to a maximum of 12 hours per week.

The law sets occupational health and safety standards, although the labor trade organization FESTU claimed they are insufficient to protect workers. The law does not specifically guarantee the right of workers to remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Ministry of Labor and Social Affairs is responsible at the federal level for establishing occupational safety and health standards and enforcement. The ministry did not effectively enforce labor laws. There were no labor inspectors. The government did not provide labor inspectors with the capacity to protect workers who wished to remove themselves from situations that endangered their health or safety.

Wages and working conditions were established largely through arrangements based on supply, demand, and the influence of workers’ clans. There was no information on the existence or status of foreign or migrant workers in the country. Most workers worked in the informal sector.

Rape and Domestic Violence: The law criminalizes domestic violence and rape of men or women, including spousal rape, but the government did not effectively enforce the law. The minimum sentence for conviction of rape is 10 years’ imprisonment. Under certain circumstances, such as second or third offenses, multiple rapes, gang rapes, or the rape of a minor or a person with disabilities, conviction requires a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence. Perpetrators with previous rape convictions and perpetrators aware of being HIV positive at the time of the rape also face a minimum sentence of life imprisonment, unless substantial and compelling circumstances exist to justify a lesser sentence.

In most cases of rape and domestic violence, attackers were acquaintances or family members of the victim that, together with societal attitudes, contributed to a reluctance to press charges. There were numerous reported abuses similar to the following example. In August a postal worker attacked, raped, and killed a 19-year-old woman in a post office after it was closed. The postal worker had previously been convicted of armed robbery and had been accused of raping another woman. He was convicted of rape and murder and sentenced to three consecutive terms of life in prison.

From April 1, 2018, through March 31, 2019, 42,091 cases of rape were reported. According to the National Prosecuting Authority 2018–2019 Annual Report, the conviction rate for sexual offense crimes was 74.4 percent based on a sample of 4,716 cases that were “finalized” or investigated first as rape cases before being passed to the NPA and tried. A 2017 Medical Research Council study on the investigation, prosecution, and adjudication of reported rape cases concluded that only 18.5 percent of cases reported went to trial and only 8.6 percent of cases resulted in a verdict of guilty. Prosecutors chose not to prosecute many cases due to insufficient evidence. Inadequate police training, insufficient forensic lab capacity, a shortage of rape kits, and overburdened courts contributed to low prosecution and conviction rates.

The Department of Justice operated 74 dedicated sexual offenses courts throughout the country. Although judges in rape cases generally followed statutory sentencing guidelines, women’s advocacy groups criticized judges for using criteria such as the victim’s behavior or relationship to the rapist as a basis for imposing lighter sentences.

The NPA operated 55 rape management centers, or Thuthuzela Care Centers (TCCs). All TCCs were located at hospitals. Reports of sexual offenses received by TCCs increased 1.7 percent to 34,558 (64 percent of which were rape cases). The TCCs reported a conviction rate of 73.5 percent of rape cases tried.

Domestic violence was pervasive and included physical, sexual, emotional, and verbal abuse, as well as harassment and stalking. The government prosecuted domestic violence cases under laws governing rape, indecent assault, damage to property, and violating a protection order. The law requires police to protect victims from domestic violence, but police commanders did not always hold officers accountable. Conviction of violating a protection order is punishable by a prison sentence of up to five years, and up to 20 years’ imprisonment if additional criminal charges apply. Penalties for conviction of domestic violence include fines and sentences of between two and five-years’ imprisonment.

The government financed shelters for abused women, but NGOs reported a shortage of such facilities, particularly in rural areas, and that women were sometimes turned away from shelters. On March 28, then president Ramaphosa signed a declaration against gender-based violence against women (GBVAW) and femicide (the killing of a girl or woman, in particular by a man and on account of her gender) that provided for the establishment of the GBVAW Council and National Strategic Plan for Gender-Based Violence and Femicide. In April the Department of Higher Education published its GBVAW Policy Framework. In September President Ramaphosa addressed the GBVAW crisis at an emergency joint session of parliament to address xenophobic and gender-based violence, at which he pledged one billion rand ($693 million) to combat GBVAW.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C of girls and women, but girls in isolated zones in ethnic Venda communities in Limpopo Province were subjected to the practice. The government continued initiatives to eradicate the practice, including national research and sensitization workshops in areas where FGM/C was prevalent. For additional information, see Appendix C.

Sexual Harassment: Although prohibited by law, sexual harassment remained a widespread problem. Sexual harassment is a criminal offense for which conviction includes fines and sentences of up to five years’ imprisonment.

Enforcement against workplace harassment is initially left to employers to address as part of internal disciplinary procedures. The Department of Labor issued guidelines to employers on how to handle workplace complaints that allow for remuneration of a victim’s lost compensation plus interest, additional damages, legal fees, and dismissal of the perpetrator in some circumstances.

NGOs reported widespread sexual harassment of women in the major political parties. There were numerous reported abuses similar to the following example. Based upon allegations of sexual harassment and rape, in February the ANC suspended the party’s official spokesperson, Pule Mabe, and one of its acting spokespersons (and head of the presidency within the party) Zizi Kodwa. Only two of the seven major parties have policies against sexual harassment.

Coercion in Population Control: There were no reports of forced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Discrimination against women remained a serious problem despite legal equality in family, labor, property, inheritance, nationality, divorce, and child custody matters. Women experienced economic discrimination in wages, extension of credit, and ownership of land.

Traditional patrilineal authorities, such as a chief or a council of elders, administered many rural areas. Some traditional authorities refused to grant land tenure to women, a precondition for access to housing subsidies. Women could challenge traditional land tenure decisions in courts, but access to legal counsel was costly.

According to the Employment Equity Amendment Act, any difference in the terms or conditions of employment among employees of the same employer performing the same, substantially similar, or equal value work constitutes discrimination. The act expressly prohibits unequal pay for work of equal value and discriminatory practices, including separate pension funds for different groups in a company.

Birth Registration: The law provides for citizenship by birth (if at least one parent is a permanent resident or citizen), descent, and naturalization. Registration of births was inconsistent, especially in remote rural areas and by parents who were unregistered foreign nationals. Children without birth registration had no access to government services such as education or health care, and their parents had no access to financial grants for their children. For additional information, see Appendix C.

Education: Public education is compulsory and universal until age 15 or grade nine. Public education is fee based and not fully subsidized by the government. Nevertheless, the law provides that schools may not refuse admission to children due to a lack of funds; therefore, disadvantaged children, who were mainly black, were eligible for financial assistance. Even when children qualified for fee exemptions, low-income parents had difficulty paying for uniforms and supplies. In violation of law, noncitizen children were sometimes denied access to education based on their inability to produce identification documents, such as birth certificates and immunization documents.

Child Abuse: The law criminalizes child abuse. The penalties for conviction of child abuse include fines and up to 20 years’ imprisonment. Violence against children, including domestic violence and sexual abuse, remained widespread.

There were numerous abuses similar to the following example. In September the Gauteng High Court convicted a man of raping a seven-year-old girl in a restaurant bathroom. He was convicted on two counts of rape and sentenced to life imprisonment.

There were reports of abuse of students by teachers and other school staff, including reports of assault and rape. The law requires schools to disclose sexual abuse to authorities, but administrators sometimes concealed sexual violence or delayed taking disciplinary action.

Early and Forced Marriage: By law parental or judicial consent to marry is required for individuals younger than 18. Nevertheless, ukuthwala, the practice of abducting girls as young as 14 and forcing them into marriage, occurred in remote villages in Western Cape, Eastern Cape, and KwaZulu-Natal Provinces. The law prohibits nonconsensual ukuthwala and classifies it as a trafficking offense. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, and offering or procurement of children for prostitution and child pornography. Conviction includes fines and 10 years’ imprisonment. The Film and Publications Board maintained a website and a toll-free hotline for the public to report incidents of child pornography. On October 31, Johannes Oelofse of Alberton in Gauteng Province was sentenced to life imprisonment for conviction of repeatedly raping his mentally disabled daughter over the course of eight years.

International Child Abductions: The country is a party to the 1980 Hague Convention on 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 South African Jewish Board of Deputies (SAJBD) estimated the Jewish community at 60,000 persons. The SAJBD recorded 62 anti-Semitic incidents in 2018, compared with 44 in 2017. There were reports of verbal abuse, hate speech, harassment, and attacks on Jewish persons or property.

Twin brothers Brandon Lee Thulsie and Tony Lee Thulsie, arrested in 2016 for allegedly planning to set off explosives at Jewish establishments, continued to await trial at year’s end. They were charged with contravening the Protection of Constitutional Democracy against Terror and Related Activities law and with having ties to a foreign terrorist organization.

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, and mental disability in employment or access to health care, the judicial system, and education. The law, however, prohibits persons identified by the courts as having a mental disability from voting. Department of Transportation policies on providing services to persons with disabilities were consistent with the constitution’s prohibition on discrimination. The Department of Labor ran vocational centers at which persons with disabilities learned income-generating skills. Nevertheless, government and private-sector employment discrimination existed. The law mandates access to buildings for persons with disabilities, but such regulations were rarely enforced, and public awareness of them remained minimal.

The law prohibits harassment of persons with disabilities and, in conjunction with the Employment Equity Act, provides guidelines on the recruitment and selection of persons with disabilities, reasonable accommodation for persons with disabilities, and guidelines on proper handling of employees’ medical information. Enforcement of this law was limited.

The 2017–2018 Annual Report of the Department of Basic Education stated there were numerous barriers to education for students with disabilities, primarily a policy of channeling students into specialized schools at the expense of inclusive education. Separate schools frequently charged additional fees (making them financially inaccessible), were located long distances from students’ homes, and lacked the capacity to accommodate demand. Human Rights Watch reported that children with disabilities were often denied tuition waivers or tuition reductions provided to other children. Children often were housed in dormitories with few adults, many of whom had little or no training in caring for children with disabilities. When parents attempted to force mainstream schools to accept their children with disabilities–an option provided for by law–schools sometimes rejected the students outright because of their disabilities or claimed there was no room for them. Many blind and deaf children in mainstream schools received only basic care rather than education.

Persons with disabilities were sometimes subject to abuse and attacks, and prisoners with mental disabilities often received no psychiatric care. According to the 2016 Optimus Study, children with disabilities were 78 percent more likely than children without disabilities to have experienced sexual abuse in the home.

Incidents of racism continued. There were numerous reports of racially motivated abuses similar to the following examples. In June the Council on Medical Schemes launched an investigation into alleged discrimination against black and Indian medical professionals in the private health-care sector who stated that medical insurance companies denied payment of their medical-services claims on racial grounds. During the year the SABC revealed allegations that the FNB bank charged black homebuyers up to 40 percent more for mortgages than they charged whites.

Some advocacy groups asserted white farmers were racially targeted for burglaries, home invasions, and killings, while many observers attributed the incidents to the country’s high and growing crime rate. According to the Institute for Security Studies, “farm attacks and farm murders have increased in recent years in line with the general upward trend in South Africa’s serious and violent crimes.” According to SAPS National Crime Statistics 2018/2019, farm killings represented only 0.2 percent of all killings in the country (47 of 21,022).

Local community or political leaders who sought to gain notoriety in their communities allegedly instigated some attacks on African migrants and ethnic minorities (see section 2.d., Abuse of Migrants, Refugees, and Stateless Persons). The government sometimes responded quickly and decisively to xenophobic incidents, sending police and soldiers into affected communities to quell violence and restore order, but responses were sporadic and often slow and inadequate. Civil society organizations criticized the government for failing to address the causes of violence, for not facilitating opportunities for conflict resolution in affected communities, for failing to protect the property or livelihoods of foreign nationals, and for failing to deter such attacks by vigorous investigation and prosecution of perpetrators.

The NGO Working Group of Indigenous Minorities in Southern Africa estimated there were 7,500 indigenous San and Khoi in the country, some of whom worked as farmers or farm laborers. By law the San and Khoi have the same political and economic rights as other citizens, although the government did not always effectively protect those rights or deliver basic services to indigenous communities. Indigenous groups complained of exclusion from land restitution, housing, and affirmative action programs. They also demanded formal recognition as “first peoples” in the constitution. Their lack of recognition as first peoples excluded them from inclusion in government-recognized structures for traditional leaders. Their participation in government and the economy was limited due to fewer opportunities, lack of land and other resources, minimal access to education, and relative isolation.

In August the president signed into law the Protection, Promotion, Development and Management of Indigenous Knowledge Bill that established the National Indigenous Knowledge Systems Office, which is responsible for managing indigenous communities’ rights.

The constitution prohibits discrimination based on sexual orientation. The law prohibits discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in housing, employment, nationality laws, and access to government services such as health care. In March the High Court of Gauteng ruled that the Dutch Methodist Church’s ban on solemnizing same-sex marriages was unconstitutional.

Despite government policies prohibiting discrimination, there were reports of official mistreatment or discrimination based on sexual orientation or gender identity. For example, there were reports of security force members raping LGBTI individuals during arrest. A 2018 University of Cape Town report underscored violence and discrimination, particularly against lesbians and transgender. The report documented cases of “secondary victimization” of lesbians, including cases in which police harassed, ridiculed, and assaulted victims of sexual violence and gender-based violence who reported abuse. LGBTI individuals were particularly vulnerable to violent crime due to anti-LGBTI attitudes within the community and among police. Anti-LGBTI attitudes of junior members of SAPS affected how they handled complaints by LGBTI individuals.

HIV and HIV-related social stigma and discrimination in employment, housing, and access to education and health care remained a problem, especially in rural communities. In June Deputy President David Mabuza stated, “We are not doing well in preventing new (HIV) infections. It is estimated that there are approximately 250,000 new infections annually, and our target is to get below 100,000 new infections by December 2020. This gap is big, and it must be closed.” For additional information, see Appendix C.

There were reports persons accused of witchcraft were attacked, driven from their villages, and in some cases killed, particularly in Limpopo, Mpumalanga, KwaZulu-Natal, and Eastern Cape Provinces. Victims were often elderly women. Traditional leaders generally cooperated with authorities and reported threats against persons suspected of witchcraft.

Persons with albinism faced discrimination and were sometimes attacked in connection with ritual practices.

In August a court convicted a teacher in Mpumalanga of murdering and dismembering a teenage student with albinism. The suspect was convicted and sentenced to imprisonment of two life terms. Several alleged accomplices pled not guilty and are scheduled for trial in 2020.

Ritual (muthi) killings to obtain body parts believed by some to enhance traditional medicine persisted. Police estimated organ harvesting for traditional medicine resulted in 50 killings per year.

Discrimination against members of religious groups occurred. In June a female SANDF member was ordered to remove her religious headscarf from beneath her military beret. She refused the order. SANDF authorities instituted a review of the dress code and provided her with relief from removal of her headscarf during the review. The review continued at year’s end.

a. Freedom of Association and the Right to Collective Bargaining

The law allows all workers, except for members of the National Intelligence Agency and the Secret Service, to form and join independent unions of their choice without previous authorization or excessive requirements. The law allows unions to conduct their activities without interference and provides for the right to strike, but it prohibits workers in essential services from striking, and employers are prohibited from locking out essential service providers. The government characterizes essential services as: a service, the interruption of which endangers the life, personal safety, or health of the whole or part of the population; parliamentary service; and police services.

The law allows workers to strike due to matters of mutual interest, such as wages, benefits, organizational rights disputes, socioeconomic interests of workers, and similar measures. Workers may not strike because of disputes where other legal recourse exists, such as through arbitration. Labor rights NGOs operated freely.

The law protects collective bargaining and prohibits employers from discriminating against employees or applicants based on past, present, or potential union membership or participation in lawful union activities. The law provides for automatic reinstatement of workers dismissed unfairly for conducting union activities. The law provides a code of good practices for dismissals that includes procedures for determining the “substantive fairness” and “procedural fairness” of dismissal. The law includes all groups of workers, including illegal and legally resident foreign workers.

The government respected freedom of association and the right to collective bargaining. Labor courts and labor appeals courts effectively enforced the right to freedom of association and the right to collective bargaining, and penalties were sufficient to deter violations.

Worker organizations were independent of the government and political parties, although the Congress of South African Trade Unions (COSATU), the country’s largest labor federation, is a member of a tripartite alliance with the governing ANC Party and the South African Communist Party. Some COSATU union affiliates lobbied COSATU to break its alliance with the ANC, arguing the alliance had done little to advance workers’ rights and wages. In 2017, COSATU’s breakaway unions, unhappy with the ANC alliance, launched an independent labor federation, the South African Federation of Trade Unions.

The minister of labor has the authority to extend agreements by majority employers (one or more registered employers’ organizations that represent 50 percent plus one of workers in a sector) and labor representatives in sector-specific bargaining councils to the entire sector, even if companies or employees in the sector were not represented at negotiations. Companies not party to bargaining disputed this provision in court. Employers often filed for and received Department of Labor exemptions from collective bargaining agreements.

If not resolved through collective bargaining, independent mediation, or conciliation, disputes between workers in essential services and their employers were referred to arbitration or the labor courts.

Workers frequently exercised their right to strike. Trade unions generally followed the legal process of declaring a dispute (notifying employers) before initiating a strike. Sectors affected by strikes during the year included transportation, health care, academia, municipal services, and mining. Strikes were sometimes violent and disruptive.

During the year there were no cases of antiunion discrimination or employer interference in union functions, although anecdotal evidence suggested farmers routinely hampered the activities of unions on farms.

The law prohibits forced labor. The penalties were insufficient to deter violations, in part because inspectors typically levied fines and required payment of back wages in lieu of meeting evidentiary standards of criminal prosecution.

The government did not always effectively enforce the law. Boys, particularly migrant boys, were forced to work in street vending, food services, begging, criminal activities, and agriculture (see section 7.c.). Women from Asia and neighboring African countries were recruited for legitimate work, but some were subjected to domestic servitude or forced labor in the service sector. There were also reports by NGOs of forced labor in the agricultural, mining, and fishing sectors.

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

The law prohibits employment of children younger than 15. The law allows children younger than 15 to work in the performing arts, but only if their employers receive permission from the Department of Labor and agree to follow specific guidelines. The law also prohibits children between the ages of 15 and 18 from work that threatens a child’s wellbeing, education, physical or mental health, or spiritual, moral, or social development. Children may not work more than eight hours a day or before 6 a.m. or after 6 p.m. A child not enrolled in school may not work more than 40 hours in any week, and a child attending school may not work more than 20 hours in any week.

The law prohibits children from performing hazardous duties, including lifting heavy weights, meat or seafood processing, underground mining, deep-sea fishing, commercial diving, electrical work, working with hazardous chemicals or explosives, in manufacturing, rock and stone crushing, and work in gambling and alcohol-serving establishments. Employers may not require a child to work in a confined space or to perform piecework and task work. Penalties for violating child labor laws were sufficient to deter widespread violations.

The government enforced child labor laws in the formal sector of the economy that strong and well-organized unions monitored, but enforcement in the informal and agricultural sectors was inconsistent. The Department of Labor deployed specialized child labor experts in integrated teams of child labor intersectoral support groups to each province and labor center.

In 2017 Department of Labor inspectors opened 22 cases of child labor against a broker who recruited seasonal workers from poverty-stricken villages in North West Province on behalf of farmers in Wesselsbron, Free State Province. Prosecution of the broker was pending at year’s end. Cases of the worst forms of child labor were rare and difficult to detect, and neither the Department of Labor nor NGOs confirmed any cases during the year. The Department of Labor investigated a number of complaints but was unable to develop enough evidence to file charges. According to the department, the government made significant progress in eradicating the worst forms of child labor by raising awareness, instituting strict legal measures, and increasing penalties for suspected labor violators.

Children were found working in domestic work, street work, and garbage scavenging for food items and recyclable items. Boys, particularly migrant boys, were forced to work in street vending, food services, begging, criminal activities, and agriculture. Although the government did not compile comprehensive data on child labor, NGOs and labor inspectors considered its occurrence rare in the formal sectors of the economy.

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

The Employment Equity Act protects all workers against unfair discrimination on the grounds of race, age, gender, religion, marital status, pregnancy, family responsibility, ethnic or social origin, color, sexual orientation, disability, conscience, belief, political, opinion, culture, language, HIV status, birth, or any other arbitrary ground. The legal standard used to judge discrimination in all cases is whether the terms and conditions of employment between employees of the same employer performing the same or substantially similar work, or work of equal value, differ directly or indirectly based on any of the grounds listed above. Employees have the burden of proving such discrimination. Penalties for violating antidiscrimination laws were sufficient to deter widespread violations. The government has a regulated code of conduct to assist employers, workers, and unions to develop and implement comprehensive, gender-sensitive, and HIV/AIDS-compliant workplace policies and programs.

The government did not consistently enforce the law and penalties were insufficient to deter violations. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation, HIV status, and country of origin (see section 6).

Discrimination cases were frequently taken to court or the Commission for Conciliation, Arbitration, and Mediation.

In its 2018-19 annual report, the Commission for Employment Equity cited data indicating discrimination by ethnicity, gender, age, and disability in all sectors of the economy. The implementation of the Black Economic Empowerment law, which aims to promote economic transformation and enhance participation of blacks in the economy, continued. The public sector better reflected the country’s ethnic and gender demographics. Traditional gender stereotypes, such as “mining is a man’s job” and “women should be nurses” persisted. Bias against foreign nationals was common in society and the workplace.

On January 1, the country’s first national minimum wage came into effect, replacing a patchwork of sectoral minimum wages set by the Department of Labor. The minimum wage was above the official poverty line. The law protects migrant workers, and they are entitled to all benefits and equal pay. The minimum wage law also established a commission to make annual recommendations to parliament for increases in the minimum wage.

The law establishes a 45-hour workweek, standardizes time-and-a-half pay for overtime, and authorizes four months of maternity leave for women. No employer may require or permit an employee to work overtime except by agreement, and employees may not work be more than 10 overtime hours a week. The law stipulates rest periods of 12 consecutive hours daily and 36 hours weekly and must include Sunday. The law allows adjustments to rest periods by mutual agreement. A ministerial determination exempted businesses employing fewer than 10 persons from certain provisions of the law concerning overtime and leave. Farmers and other employers could apply for variances from the law by showing good cause. The law applies to all workers, including workers in informal sectors, foreign nationals, and migrant workers, but the government did not prioritize labor protections for workers in the informal economy.

The government set appropriate occupational health and safety standards through the Department of Mineral Resources for the mining industry and through the Department of Labor for all other industries.

There are harsh penalties for violations of occupational health laws in the mining sector. Convicted employers are subject to heavy fines or imprisonment for serious injury, illness, or the death of employees due to unsafe mine conditions. The law allows mine inspectors to enter any mine at any time to interview employees and audit records. The law provides for the right of mine employees to remove themselves from work deemed dangerous to health or safety. The law prohibits discrimination against a mining employee who asserts a right granted by law and requires mine owners to file annual reports providing statistics on health and safety incidents for each mine. Conviction of violation of the mining health and safety law is punishable by two years’ imprisonment, and the law empowers the courts to determine a fine or other penalty for perjury. The Department of Mineral Resources was responsible for enforcing the mining health and safety law.

The government set separate standards for compensation of occupational diseases for the mining industry and for other industries. The Department of Health reported only 33,045 former mineworkers were certified as having silicosis as of 2014, but it added that the final figure could be between 50,000 and 100,000. The fund provided for by the Occupational Diseases in Mines and Works Act set aside 3.7 billion rand ($256 million) to former mineworkers.

Outside the mining industry, no laws or regulations permit workers to remove themselves from work situations deemed dangerous to their health or safety without risking loss of employment, although the law provides that employers may not retaliate against employees who disclose dangerous workplace conditions. Employees were also able to report unsafe conditions to the Department of Labor that used employee complaints as a basis for prioritizing labor inspections. Penalties were sufficient to deter widespread violations. The Department of Labor is responsible for enforcing safety laws outside the mining sector.

The Department of Labor is responsible for enforcing wage standards outside the mining sector, and a tripartite Mine Health and Safety Council and an Inspectorate of Mine Health and Safety enforced such standards in the mining sector. Penalties for violations of wages and workhour laws outside the mining sector were not sufficient to deter abuses.

The Department of Labor employed an insufficient number of labor inspectors to enforce compliance. Labor inspectors conducted routine and unannounced inspections at various workplaces that employed vulnerable workers. Labor inspectors investigated workplaces in both the formal and informal sectors. Labor inspectors and unions reported having difficulty visiting workers on private farms.

The government did not effectively enforce the law in all sectors. Occupational safety and health regulations were frequently violated in the mining sector, and compensation for injuries was erratic and slow. Penalties were not sufficient to deter violations. Unions in the agriculture sector noted their repeated attempts to have the Department of Labor fine farms that failed to shield workers from hazardous chemicals sprayed on crops. Although labor conditions improved on large commercial farms, COSATU and leading agricultural NGOs reported labor conditions on small farms remained harsh. Underpayment of wages and poor living conditions for workers, most of whom were black, were common. Many owners of small farms did not measure working hours accurately, 12-hour workdays were common during harvest time, and few farmers provided overtime benefits. Amendments to the Basic Conditions of Employment Act attempted to address some labor abuses at farms. For example, changes prohibited farms from selling goods from farm-operated stores to farm employees on credit at inflated prices.

Farm workers also reported health and sanitation concerns. In a 2017 report, the NGO Women on Farms Project stated that 63 percent of the female farm workers surveyed did not have access to bathroom facilities and were forced to seek a bush or a secluded spot. The report also included the responses of female farm workers and their children who reported suffering from health problems such as skin rashes, cholinesterase depression, poisoning, harmful effects on the nervous system, and asthma due to the pesticides to which they were exposed.

Mining accidents were common. Mine safety improved from prior decades, however. In 1995, a total of 553 miners lost their lives in the country. In the first half of the year, only 13 mining deaths were reported, a 46 percent decrease compared with 24 deaths during the same period in 2018.

In July the Constitutional Court ruled employees assigned to workplaces via a labor broker (“temporary employment service”) are employees of the client and entitled to wages and benefits equal to those of regular employees of the client.

In August the Gauteng High Court expanded statutory workers’ compensation coverage to domestic workers for injuries suffered in the course of their employment.

Rape and Domestic Violence: The law criminalizes rape; although no specific statute defines spousal rape as illegal, the Supreme Court acknowledged marital rape as illegal. The penalty for rape ranges from a minimum of three years to life imprisonment depending on the specific circumstances. Rape is defined in law as involving the use of violence. The law defines domestic violence as a serious crime and authorizes courts to order offenders to stay away from victims for up to six months. This restraining order may be extended up to two years. Offenders may be sentenced to a maximum of five years in prison and fined up to seven million won ($5,810) for domestic violence offenses. Noncompliance with domestic violence restraining orders may result in a maximum sentence of two years in prison and a fine of up to 20 million won ($16,600). Authorities may also place convicted offenders on probation or order them to see court-designated counselors.

When there is a danger of domestic violence recurring and an immediate need for protection, the law allows a provisional order to be issued ex officio or at the victim’s request. This may restrict the subject of the order from living in the same home, approaching within 109 yards of the victim, or contacting the victim through telecommunication devices.

The law allows judges or an MOJ committee to sentence repeat sex offenders to “chemical castration,” where sex offenders undergo drug treatment designed to diminish sexual urges. The law was enacted to protect children against an increasing number of reported sex crimes. The ministry reported that one such procedure was conducted between January and July.

Police generally responded promptly and appropriately to reported incidents, and the judicial system effectively enforced the law. Because a rape conviction requires proving that violence was used, and because the country’s defamation laws allow countersuits by alleged perpetrators, rape offenses are underreported and under prosecuted.

In February the Seoul High Court overruled a lower court’s August 2018 acquittal of Ahn Hee-jung, former governor of South Chuncheong. The High Court convicted Ahn on multiple counts of “sexual intercourse by abuse of authority”–in lieu of a rape charge and other charges–and sentenced him to three-and-one-half years’ imprisonment. Ahn’s March 2018 arrest and subsequent trial for raping his former secretary drew nationwide attention to the country’s contentious definition of rape that is based on “means of violence” rather than lack of consent.

Domestic violence remained a significant and underreported problem according to NGOs. According to KNPA statistics, in 2018 248,660 cases of domestic violence were reported, an 11-percent decrease from 2017. Reports of violence among unmarried couples, called “dating violence,” doubled from 2016 (9,364 cases) to 2018 (18,961 cases).

Data from the Supreme Prosecutor’s Office showed that nearly 40 percent of victims of sex crimes were between 21 and 30 years old. Approximately 21 percent of victims were between 16 and 20 years old.

The Commission for the Eradication of Sexual Violence and Digital Sex Crimes seeks to coordinate the provision of countermeasures and promote consultation across ministries. It is composed of 24 members, including the MOGEF minister, vice ministers of relevant ministries, and private sector experts. The government also established gender equality positions in eight ministries to place greater emphasis on these issues.

The Supreme Prosecutor’s Office revised its investigation manual on sexual violence to delay investigating “false accusation” charges until it first reaches a decision on whether a sexual assault has actually taken place.

In June police arrested a man after he beat his foreign-born wife for three hours in front of their two-year-old child. A video clip of the assault was widely viewed on the internet, sparking a national debate about foreign brides and rural municipal governments offering subsidies (intended to stem rural population decline) to bring them to the country. An NGO, however, argued that the subsidies amounted to “wife buying” and that the brides were vulnerable to human rights abuses, “often [taking on] the role of a housekeeper and a sexual object.” The fact that it was on average 3.9 days from when the couple first met to when they were legally married, and that the average age difference between bride and groom was 18.4 years were cited to support this view. According to a survey by the NHRCK, 42 percent of foreign-born brides have experienced domestic violence and 68 percent had experienced unwanted sexual advances. Domestic violence among native South Korean couples is high in general but probably somewhat lower than among mixed couples.

In August, in response to violence against migrant brides, the MOJ announced new regulatory measures to prevent abuses. These included a “one strike” policy that prevented a person convicted of domestic violence from petitioning for a visa for a foreign bride. The International Organization for Migration (IOM) was concerned that the addition of a “right to request investigation” policy might make foreign spouses more vulnerable. The policy allows the South Korean spouse to petition immigration authorities directly to investigate the foreign spouse in the event of separation. The IOM feared this would exacerbate the already disproportionate power imbalance in these relationships.

In March 2018, in response to the #MeToo movement, MOGEF created the Special Center for Reporting Sexual Harassment and Sexual Assault. The ministry funded 170 counseling centers (called “sunflower centers”) nationwide for victims of sexual violence, providing counseling, medical care and therapy, caseworkers, and legal assistance. There were 241,343 reported cases of sexual violence in 2018 (an increase of 33.7 percent since 2017), according to Statistics Korea, a government agency. According to NGOs, sunflower centers generally provided adequate support to female victims of sexual assault, but male victims struggled to find help.

In July the government formally closed the Reconciliation and Healing foundation, established with a one billion yen ($9.1 million) contribution from the Japanese government under a 2015 bilateral agreement to provide support to former comfort women; no decision was made on how to use unspent funds.

Sexual Harassment: The law obligates companies and organizations to take preventive measures against sexual harassment. Under antibullying laws introduced in July, in certain cases failure to take appropriate action may result in fines or jail time. The government generally enforced the law effectively. The KNPA classifies sexual harassment as “indecent acts by compulsion.”

Sexual harassment was a significant social problem, and there were numerous cases of sexual harassment reported in media throughout the year.

In February a female student at Seoul National University accused a professor of sexual harassment. She said that the professor gave her unwanted shoulder massages and played with her hair while she slept on a bus, lifted up her skirt and touched her leg when she would not show him a scar on her inner thigh, and forced her to drink significant amounts of alcohol. She submitted her complaints to the university’s Human Rights Center, along with complaints from 17 other students. The center suspended the professor for three months. The student called the decision “absurd” and urged the school to terminate him, but the school declined.

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

Discrimination: Women enjoy the same legal rights under the constitution as men. In January, President Moon described the gender gap as a “shameful reality” and pledged to address it. Moon has generally kept his pledge from the beginning of his term that 30 percent of his cabinet nominations would be women. Women hold 17 percent of seats in the National Assembly. In line with the law, which states that women must hold 50 percent of parties’ proportionally allocated representative seats in the National Assembly, 24 of the 47 proportional representatives were women as of August. The law provides for equal pay for equal work, but the gender pay gap was 36.5 percent in 2018, an increase of 2 percent from the previous year.

Birth Registration: Citizenship requires one parent be a citizen at the time of birth. Authorities also grant citizenship in circumstances where parentage is unclear or if the child would otherwise be stateless. The law requires that all children be registered in family registries and prohibits adoption of children for the first week after birth.

Child Abuse: The law criminalizes serious injury and repeated abuse of children, and provides prison terms of between five years and life.

The Ministry of Health and Welfare reported a 6.6-percent increase in reported child abuse cases from 2017 to 2018, attributed in part to increased public awareness and expanded child welfare reporting requirements.

The ministry required human rights training for the 1,095 childcare workers associated with their DreamStart program, a program that provides educational, health, and developmental services for disadvantaged children and their families.

In May a mother in Seoul reported child abuse to police after finding bruises on her two children after they returned from a daycare center. Police were unable to find evidence because the daycare center’s closed-circuit television (CCTV) storage device was not functioning. By law daycare centers are required to have working CCTV equipment and keep video recordings for at least 60 days. The president of the Korea Child Abuse Prevention Association said daycare directors often delete CCTV footage, opting to pay a fine in lieu of facing legal repercussions for child abuse. Parents also faced difficulties obtaining CCTV footage because privacy law may expose the parents to legal reprisals. If a video recording contains threatening words towards the child, the parent may use it as evidence of abuse; however, if the recording contains a conversation between two teachers, for example, the parent could face charges for violating the Protection of Communications Secrets Act that protects private conversations.

Early and Forced Marriage: The minimum legal age for men and women to marry is 18. There were no reported cases of forced marriage.

Sexual Exploitation of Children: The age of consent is 13. It is illegal to deceive or pressure anyone younger than 19 into having sexual intercourse. In July a law went into effect penalizing adults who have sexual intercourse with teenagers between ages 13 and 16 by taking advantage of mental, physical, or financial difficulties, regardless of whether the minor consented. The penalty for rape of a minor younger than age 13 ranges from 10 years to life in prison; the penalty for rape of a minor age 13 to under 19 is five years’ to life imprisonment. Other penalties include electronic monitoring of offenders, public release of their personal information, and reversible hormone treatment. The law prohibits the commercialization of child pornography. Offenders convicted of producing or possessing child pornography materials for the purpose of selling, leasing, or distributing for profit are subject to a maximum of seven years’ imprisonment. In addition anyone who possesses child pornography may be fined up to 20 million won ($16,600).

During the year, the criminal appeals court of the Seoul Central District Court came under fire for sentencing the operator of a dark-web child pornography website, Son Jong-woo, to only 18 months in prison. In October authorities from 38 countries arrested more than 330 users of the website, including 223 South Koreans. In March 2018 the trial court suspended the 18-month sentence, saying Son had “acknowledged his crime and reflected on his wrongdoing.” The appeals court overruled the trial court suspension, calling it too light and reinstated the sentence of 18 months’ imprisonment. These decisions highlighted the light sentences, a fine or suspended sentence, typically given to those convicted of viewing child pornography. For example, in January courts ordered a defendant to pay a fine of three million won ($2,490) for downloading child pornography 968 times during a 10-month period. The court stated that it “took into consideration the fact that it was a first-time offense and that the defendant was sorry for what he had done.”

Children, especially runaway girls, were vulnerable to sex trafficking, including through online recruitment.

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 approximately 1,000 individuals, almost all expatriates. There were no reports of anti-Semitic acts. See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

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, or mental disabilities and sets penalties for deliberate discrimination of up to three years in prison and a fine of 30 million won ($24,900). The law covering rights and support for persons with developmental disabilities created a special task force of prosecutors and police trained to work with persons with disabilities and their families in police investigations.

The government applied law and implemented programs to facilitate access to buildings, information, and communications for persons with disabilities. Many establishments, however, continued to disregard the laws, opting to pay fines rather than incurring expenses to make structural adjustments. The Research Institute for Differently Abled Person’s Rights Korea reported that individuals with intellectual disabilities did not receive proper education; employment rates of adults with disabilities were low; and public support for family care was inadequate.

Many local government ordinances and regulations directly discriminate against persons with disabilities, especially those with intellectual and mental disabilities, according to media reports and NGOs. Seongnam City rejected a man’s repeated requests from 2018 through June 2019 to use taxis designated for persons with disabilities because he did not use a wheelchair. The central government classified the man–who has Parkinson’s disease–as having only a grade three disability. The city stated it only allowed those with grades one and two disabilities, mentally handicapped grade three disabilities, and those in wheelchairs to use the taxi service. The NHRCK recommended the city allow the man to use the accessible taxi service until other means of transportation could be prepared, but the city refused.

The central government subsequently amended the Act on the Prohibition of Discrimination against Disabled Persons, abolishing the previously used grading system that labeled persons with disabilities on a one-to-six scale based on “medical disability” to determine eligibility for social welfare benefits. The revised law sorts persons with disabilities into two classes: “severely disabled” and “not severely disabled.” The amended law reclassified persons with disabilities formerly graded one through three into the severely disabled classification; grades four to six were reclassified as not severe. All persons with disabilities are able to receive “activity support services,” a welfare service previously only available to grades one to three that helps persons who face difficulty in daily or social activities. Any person with “severe walking disabilities” may use wheelchair-accessible taxis regardless of whether the person uses a wheelchair. Nevertheless, Seongnam City continued to deny the man’s request to use the wheelchair taxi because the city’s ordinances lagged behind the revised law. The city government stated, “The man can call the taxi for the disabled in November when the city ordinance will change.”

The Ministry of Health and Welfare continued to implement a comprehensive set of policies that included encouraging provision of greater access for persons with disabilities to public and private buildings and facilities; part-time employment opportunities for persons with disabilities; and introduction of a long-term care system.

In 2018, the government operated rehabilitation hospitals in six regions and a national rehabilitation research center to increase employment opportunities and access for persons with disabilities.

The government provided a pension system for registered adults and children with disabilities, an allowance for children with disabilities younger than age 18 in households with an income below or near the National Basic Livelihood Security Standard, and a disability allowance for low-income persons age 18 and older with mild disabilities.

Children with disabilities had access to a separate system of public special education schools for children ages three to 17. All public and private schools, child-care centers, educational facilities, and training institutions were required to provide equipment and other resources to accommodate students with disabilities.

As of July 2018, more than 2.3 million foreigners (including an estimated 330,000 undocumented migrants) lived in the country, which otherwise had a racially homogeneous population of approximately 51.4 million. The country lacks a comprehensive antidiscrimination law. In October, President Moon met with religious leaders and called for them to support the comprehensive antidiscrimination law. The National Assembly has been reluctant to take up the issue due to the outspoken opposition from powerful conservative Christian groups who wish to block the bill because of the LGBTI rights it would afford.

Societal discrimination against ethnic and racial minorities was common but underreported. A large majority of immigrants and naturalized citizens were female spouses, and they were reportedly often the victim of domestic violence. The NHRCK stated most of the foreign worker cases involved enforced eviction or mistreatment in detention centers when detained on charges of violating immigration laws.

Some children of immigrants suffered from discrimination and lack of access to social resources. Some children of non-Korean ethnicity or multiple ethnicities also experienced bullying because of their physical appearance.

In response to the steady growth of ethnic minorities, due largely to the increasing number of migrant workers and foreign brides, the Ministries of Gender Equality and Family and of Employment and Labor implemented programs to promote cultural diversity and assist foreign workers, spouses, and multicultural families to adjust to living in the country.

The law that established the NHRCK prohibits discrimination based on sexual orientation and authorizes the NHRCK to review cases of such discrimination, but the law does not specify discrimination based on gender identity. The Military Criminal Act’s “disgraceful conduct” clause criminalizes consensual sodomy between men in the military with up to two years’ imprisonment if convicted. In 2016 the Constitutional Court ruled the clause constitutional.

NGOs noted the Military Service Act prohibiting homosexual sex led to abuse of LGBTI (lesbian, gay, bisexual, transgender, and intersex) soldiers. According to the MHRC, as of August at least three new cases were prosecuted under the Military Criminal Act’s “disgraceful conduct” clause. The MHRC stated the navy sought out LGBTI service members under the pretext of counseling and in at least one case interrogated one person within earshot of other service members. The MHRC added that investigators asked for detailed accounts of sexual interactions between soldiers and searched soldiers’ cell phones for evidence of homosexual relationships. The navy stated it regretted the leaking of sensitive personal information but held that it has the authority to conduct investigations of disorderly conduct under the Military Criminal Act and Defense Ministry policy. According to Amnesty International, the criminalization of LGBTI relationships in the military has a significant impact on broader societal attitudes as half of the country’s population goes through compulsory military service.

According to polling by the NHRCK, 92 percent of LGBTI were worried about becoming the target of hate crimes. After a number of protestors attacked the parade in 2018, 3,000 police officers were on hand to protect the LGBTI community at the 2019 Seoul Pride Festival. “The presence of embassy staff from around the world meant that the police had to ensure the safety of the event,” according to the BBC.

The law protects the right to confidentiality of persons with HIV/AIDS and prohibits discrimination against them. Local NGOs contended, however, that persons with HIV/AIDS continued to suffer from societal discrimination and social stigma. In January the NHRCK urged a hospital to take corrective action after it refused to conduct a comprehensive medical checkup to an HIV-positive person because the hospital wing that handles checkups lacked the proper protective equipment. After the patient filed a complaint, the hospital stated it had obtained all of the protective equipment and completed the necessary staff training.

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, conduct strikes within strict limits, and bargain collectively, but certain limitations apply to public officials and teachers.

The law recognizes workers’ right to strike; workers in essential services are required to provide “minimum service” during strikes to protect the public interest. Essential services are defined by law to include railroads, air transport, communications, water supply, and hospitals. The trade union law prohibits the use of replacement workers to conduct general business disrupted by strikes, but it permits essential service providers to hire replacement workers within the limit of up to 50 percent of the strike participants.

By law parties involved in a “labor dispute” must first undergo third-party mediation through the National Labor Relations Commission (NLRC) or seek a labor-management settlement before registering to strike. Strikes initiated following this period are legal if they obtain majority support from union membership. The law narrowly defines “labor dispute,” which makes strikes on many issues falling under managerial control, such as downsizing and layoffs, illegal. Strikes not specifically pertaining to labor conditions, wages, benefits, or working hours are illegal. Stakeholders noted strike procedures were overly burdensome. Participating in strikes deemed to be illegal may result in imprisonment or a fine for the organizers and participants, depending on the offense.

The law places some restrictions on unions’ ability to organize their administration, including restricting the ability of union leaders to receive pay for time spent on union work. Laws banning education workers from engaging in certain political activities, such as joining a political party or openly endorsing a political party or candidate, also constrained unions’ abilities to advocate for their positions. The law also prohibits dismissed workers from remaining in unions.

The law permits workers to file complaints of unfair labor practices against employers who interfere with union organizing or who discriminate against union members. The NLRC may require employers to reinstate workers fired for union activities. The law prohibits retribution against workers who conduct a legal strike. Labor organizations asserted that the inability of full-time labor union officials to receive wages and the onerous registration requirements for individuals involved in collective bargaining effectively limited legal protections against unfair labor practices.

The government generally enforced legislation related to freedom of association, collective bargaining, and collective action, including legal strikes. Employers may be imprisoned or fined for unfair labor practices. In addition an employer may be penalized for noncompliance with a NLRC order to reinstate a worker. The law sets penalties in the form of fines or imprisonment against employers who refuse unions’ legitimate requests for bargaining.

Labor organizations generally operated without government interference.

In June police arrested the president of the Korean Confederation of Trade Unions (KCTU), Kim Myeong-hwan, after three months of KCTU protestors clashing with riot police at the National Assembly, which was deliberating a law to change working hours. The government has arrested five KCTU leaders since the confederation was founded in 1995. In May 2018 former KCTU president Han Sang-gyun was released on parole after having served more than two years of a three-year sentence for participating in an illegal assembly. Three other senior KCTU leaders were released during the year after serving prison sentences for convictions related to their union activities.

The UN special rapporteur noted examples of antiunion practices by companies, including encouraging the formation of management-supported unions; undermining employee unions through various means including surveillance, threats, and undue pressure on members; disguised subcontracting to avoid certain employer responsibilities and dismissal of members; firing union leaders and workers following strike action; and assigning union leaders demeaning jobs to demoralize them. He noted employers allegedly used labor relations consultancy firms to obtain advice that facilitated the erosion of trade union rights.

Undocumented foreign workers faced difficulties participating in union activities due to fear of exposing themselves to arrest and deportation.

The law prohibits and criminalizes all forms of forced or compulsory labor. The government generally enforced the law effectively but did not consistently identify cases of forced labor; penalties were sufficient to deter violations.

NGOs reported some migrant workers were subject to forced labor, particularly those who had incurred thousands of dollars in debt for payment of recruitment fees, making them vulnerable to debt bondage. Some migrant workers in the agriculture, livestock, and fishing industries faced conditions indicative of forced labor, including deceptive recruiting practices, confiscation of passports, and nonpayment of wages.

International and domestic NGOs alleged that fishing vessels known for using forced labor often stopped in Busan and picked up foreign laborers. Photographs and interviews obtained by a foreign NGO showed that migrants faced dangerous working conditions and often went unpaid or underpaid for years of work on the ships. Although NGOs reported in the past that law enforcement authorities and prosecutors historically resisted investigating the ships because the laborers were not South Korean and the ships only stopped in South Korean waters temporarily, during the year maritime police began an intensive crackdown on human and labor rights abuses on both South Korean-flagged and international fishing vessels.

The Ministry of Oceans and Fisheries helped law enforcement authorities investigate the working conditions of foreign sailors from April to May, focusing on labor contracts, crimes committed against migrants on the ships, and delays in payment of wages. It also announced in April that it would routinely include deep-sea vessels in its investigations, as opposed to only nearshore vessels. The coast guard conducted a crackdown on suspected human rights abuses from June to July, arresting 90 persons. Investigators said the arrests were the result of reports made by victims who had heard that the maritime police were conducting intensive crackdowns on human rights abuses.

One of those arrested was a captain of a South Korean fishing boat who pushed a Vietnamese crewmember off his boat and forced him to drift at sea before allowing him to return on board, according to NGOs. He also threatened the Vietnamese crew with knives and both physically and verbally abused them. NGOs stated that when the crewmember thrown overboard tried to transfer to another job, the ship’s owner demanded a payment of 5,000,000 won ($4,150). In February a new employment law came into effect that allowed foreign workers to change jobs without the permission of the employer for reasons including sexual harassment, sexual violence, assault, and habitual verbal abuse by an employer, the employer’s family members, or coworkers.

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

The law prohibits the employment of minors younger than age 15 without an authorization certificate from the Ministry of Employment and Labor. Authorities issued few such certificates for full-time employment because education is compulsory through middle school (approximately age 15). Children ages 15 to 18 may work with the consent of at least one parent or guardian. Employers in industries considered harmful or hazardous to a minor’s morals or health may not hire them and face fines or imprisonment for violations. Inspections and penalties were generally sufficient to ensure compliance. The government reported two violations of child labor laws in 2017, the latest year for which such data were available.

There were some reports of commercial sexual exploitation of children (see section 6, “Children”).

The law prohibits discrimination in employment or occupation. No law explicitly prohibits discrimination on the basis of language or HIV or other communicable disease status.

The law requires equal pay for equal work. The government’s Sixth Basic Plan on Equal Employment and Work-Life Balance provides a roadmap for a policy on women’s employment that consists of three pillars: creating nondiscriminatory working environments, preventing interruptions in women’s careers, and providing re-employment for “career-interrupted” women. Labor laws generally provide foreign migrant workers the same legal protections as nationals but are not effectively enforced.

The law prohibits discrimination against informal or irregular workers (those who do not have full-time, permanent employment and who do not receive benefits at the same level as permanent workers) and requires the conversion of those employed longer than two years to permanent status. Employers, however, often laid off irregular workers shortly before their two-year anniversary. This practice was the cause of protests by more than 20,000 temporary employees in July, who contended the layoffs were timed to avoid having to hire them permanently. In order to encourage businesses to hire temporary workers on a permanent basis, the government provides subsidies and tax breaks for companies that convert irregular employees to regular status, according to the labor ministry. Subcontracted workers (known as “dispatched workers”) and temporary workers comprised approximately one-third of wageworkers in the labor force and faced discriminatory working conditions. NGOs and local media reported irregular workers were at greater risk for discrimination because of their employment status. The International Labor Organization (ILO) noted that the disadvantaged status of irregular workers contributed to discrimination against women given that women are overrepresented among these workers.

Discrimination occurred against persons with HIV/AIDS, women, persons with disabilities, and migrant workers.

Discrimination against women in the work place continued. On average, women earned only 63 percent of what men earned, and a higher percentage of women filled lower-paying, low-skilled, contract jobs. Women often faced difficulties returning to the workforce after childbirth.

In July workplace antibullying and “blind hiring” laws were introduced. The antibullying law requires employers to take action to fight harassment in the workplace. According to a July report by the National Human Rights Commission of Korea, 70 percent of those surveyed said they had faced harassment at work. By law employers convicted of failing to take action to protect bullied employees face a fine up to 30 million won ($24,900) and up to three years in prison. The “blind hiring” law prohibits companies with more than 30 employees from asking job applicants about family members, place of origin, marital status, age, or property ownership. The law also prohibits companies from asking about weight and height when it is not relevant to the work.

Many migrant workers faced workplace discrimination. The maximum length of stay permitted under the Employee Permit System (EPS) is four years and 10 months, just under the five years needed to apply for permanent residency. NGOs and civil society groups asserted this explicitly excludes foreign workers from permanent residence or citizenship eligibility. NGOs stated it remained difficult for migrant workers to change employers (see sections 7.b. and 7.e).

The law allows for reduced wage payment to foreign workers on South Korean-flagged ship. For example, the minimum wage for foreign crewmembers is 1,640,000 won ($1,360) per month, 76-percent less than the minimum wage paid to a South Korean crewmember. Further, unlike citizen crewmembers, foreign crews are not entitled to profit sharing, resulting in foreign crew working longer hours for less pay.

The law prohibits recruiters, agents, employers, or managers from receiving money or other valuables or benefits from job seekers or employees in exchange for securing employment, “whatever the pretext may be” (see section 7.b.). Nevertheless, NGOs reported South Korean-flagged vessel owners routinely demanded security deposits of up to $5,000 from foreign crewmembers to discourage them from transferring jobs.

During the year, the minimum wage increased 2.9 percent and was above the official poverty line. The government generally enforced minimum wage law and penalties were sufficient to deter violations.

The law allowed a flexible system under which employees may work more than eight hours during certain days and more than 40 hours per week during certain weeks (up to a maximum of 52 hours in a single week), so long as average weekly work hours for any two-week period do not exceed 40 hours and workers have a mandatory day of rest each week. For employers who adopt a flexible system, hours exceeding 80 in a two-week period constitute overtime. Foreign companies operating in export processing zones are exempt from labor regulations that mandate one day of rest a week. The law limits overtime of ordinary workers to 12 hours a week.

The government generally effectively enforced laws on wages and acceptable conditions of work for all sectors. It also conducted educational programs to prevent accidents in the workplace. The labor ministry was responsible for enforcement of these laws and the number of labor inspectors was sufficient to deter violations. Inspections covered businesses with foreign workers, particularly in the agriculture, livestock, fisheries, and construction sectors, which generally had poor working conditions.

The government sets occupational health and safety standards and is responsible for monitoring industry adherence. Under the law, workers in every sector have the right to remove themselves from situations of danger without jeopardizing their employment. The Korea Occupational Safety and Health Agency is responsible for enforcement of these laws and had inspected approximately 49,500 workplaces as of September. The ILO observed, however, that the number of labor inspectors was insufficient and that unannounced inspections were rare. Worker organizations also expressed concerns about the insufficient number of labor inspections to identify potential violations of labor laws. Penalties for violations of occupational safety and health standards and overtime regulations included imprisonment and fines and were generally sufficient to deter violations.

A set of regulations outlines legal protections for migrant (those under the EPS) and foreign workers. Permit holders may work only in certain industries and had limited job mobility, but most enjoyed the same protections under labor law as citizens. Contract workers, irregular workers, and part-time workers accounted for a substantial portion of the workforce, particularly in the electronics, automotive, and service sectors.

Workers under the EPS faced multiple restrictions on employment mobility. Such workers lose their legal status if they lose their job and do not find another employer within three months. If a migrant worker is not able to get another job within three months, authorities may cancel his or her work permit, forcing the worker either to return home or to remain in the country illegally. This situation was particularly difficult for seasonal workers, such as those involved in agriculture or construction. Migrant workers did not have access to lists of companies that were hiring when they wanted to change jobs, which made it more difficult for these workers to change jobs freely. Migrant laborers were required to return to their country of origin after a maximum of four years and 10 months in the country but could apply to re-enter after three months.

To prevent violations and improve working conditions for migrant and foreign workers, the government provided pre-employment training to newly arrived foreign workers, workplace adaptation training to those who changed workplaces, and training to employers who hired foreign workers. The government funded 44 Foreign Workers Support Centers nationwide, a call center that provided foreign workers with counseling services in 16 languages, Korean language and cultural programs, shelter, and free health care services. The government also funded Multicultural Family and Migrant Plus Centers to provide foreign workers, international marriage immigrants, and other multicultural families with a one-stop service center providing immigration, welfare, and education services.

The law requires severance payments to migrant workers who have worked in the country for at least one year. Many workers, however, reported difficulty in receiving severance pay prior to their departure and stated they did not receive payments even after returning to their country of origin due to banking regulations and delinquent employers. NGOs reported many departing migrants never received these payments. An NGO supporting foreign workers reported 80 percent of their cases involved migrant workers seeking overdue wages or complaining of insufficient severance pay. It also reported 63.5 percent of migrant workers were unfamiliar with how to calculate severance pay, making them vulnerable to exploitation.

NGOs reported that while the minimum wage increased, employers tried to curb rising minimum wages for workers by reducing work hours, listing employees as “on-call” at home when they were in fact at work, employing undocumented foreign workers, and charging migrant workers for their accommodations and board.

Some NGOs reported migrant workers were particularly vulnerable to exploitation because the law excludes regulations on working hours, holidays, and benefits for the agricultural, livestock, and fisheries industries that had large numbers of migrant workers. An NGO stated migrant agricultural workers complained of receiving only one day off work per month, making it difficult for them to attend cultural education programs or language courses. Other NGOs reported foreign laborers sometimes faced physical abuse and exploitation by employers in the form of longer working hours and lower wages than their local counterparts. NGOs reported little change in conditions for migrant workers and expressed concern about the lack of improvement.

NGOs reported that although employers are prohibited from providing makeshift accommodations, such as vinyl greenhouses for migrant workers, some circumvented this prohibition and provided migrant workers with substandard accommodations made of plastic panels. For example, NGOs reported that some migrant crews were housed in shipping containers on barges. These “dormitories” were fire hazards and lacked proper heating and air conditioning. One vessel reportedly put a shipping container on a deserted island and dropped off a migrant worker on the island between shifts, according to NGOs. The case only became known after a different fishing boat visited the island, allowing the migrant to leave the island after three months of isolation. In July the government revised the law to require employers to provide information on accommodations to the employee before the signing of the employment contract. The labor ministry stated the law allows foreign workers to change their job when employer-provided accommodations fail to meet the legal standard. The ministry inspected accommodations at 1,700 workplaces in the first six months of the year, issuing 10 corrective orders to workplaces that provided substandard lodgings.

In January the government passed broad reforms to the Occupational Safety and Health Act (OSHA) that were scheduled to go into effect in January 2020. Some of the revisions included higher fines for workplace fatalities and increased penalties for health and safety violations. The revised OSHA regulations also prohibited companies from subcontracting out specific types of dangerous work such as metalplating that involve harmful heavy metals such as mercury and lead.

In January the NHRCK launched an investigation into working conditions at coal-fired power plants after a 24-year-old mechanic, a temporary worker, died in a conveyer belt accident in December 2018. The mechanic was working an overnight shift alone, contrary to regulations. According to the KCTU, 97 percent of industrial accidents and 92 percent of deaths that took place at the five major power companies since 2008 involved temporary workers. Critics argued the OSHA restrictions did not go far enough to protect temporary workers.

According to the ministry, there were 102,305 work-related accidents (an increase of 13.8 percent) and 2,142 fatalities in 2018, an increase of 9.4 percent from 2017. In January the government enacted a law that provides compensation to the families of the deceased and contributes to funeral expenses when a foreign worker dies in the country.

Rape and Domestic Violence: Rape is punishable by up to 14 years’ imprisonment and a fine. The government did not effectively enforce the law, and rape was widespread. The law defines sexual intercourse within marriage as “not rape.” No information was available on the number of persons prosecuted, convicted, or punished for rape, and convictions of rape seldom were publicized. According to observers, sentences for persons convicted of rape were often less than the maximum. Since the conflict began in 2013, conflict-related sexual violence has been widespread. The targeting of girls and women reached epidemic proportions following skirmishes and attacks on towns in conflict zones, and sex was often used as a weapon of war (see section 1.g.). Women and girls also faced the threat of rape while living in UN PoC sites and when leaving PoC sites to conduct daily activities.

The law does not prohibit domestic violence. Violence against women, including spousal abuse, was common, although there were no reliable statistics on its prevalence. According to NGOs, some women reported police tried to charge them 20 South Sudan pounds ($0.16) or more when they attempted to file the criminal complaints of rape or abuse. While not mandatory, police often told women they needed to complete an official report prior to receiving medical treatment. Families of rape victims encouraged marriage to the rapist to avoid public shaming.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a criminal offense under the penal code, but little data existed to determine its prevalence. The law prohibits subjecting children to negative and harmful practices that affect their health, welfare, and dignity. Although not a common practice, FGM/C occurred in some regions, particularly along the northern border regions in Muslim communities. Several NGOs worked to end FGM/C, and the Ministry of Gender, Children, and Social Welfare raised awareness of the dangers of FGM/C through local radio broadcasts.

Other Harmful Traditional Practices: The practice of girl compensation–compensating the family of a crime victim with a girl from the perpetrator’s family–occurred. Victims were generally between the ages of 11 and 15, did not attend school, and often were physically and sexually abused and used as servants by their captors. Local officials complained the absence of security and rule of law in many areas impeded efforts to curb the practice. Dowry practices were also common. NGOs reported fathers often forced daughters, generally minors, to marry older men in exchange for cattle or money.

Sexual Harassment: Sexual harassment is punishable by up to three years’ imprisonment and a fine. The government rarely enforced the law, and NGOs reported most women were unaware it was a punishable offense. Observers noted sexual harassment, particularly by military and police, was a serious problem throughout the country.

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

Discrimination: While the transitional constitution provides for gender equality and equal rights for women, deep cultural prejudices resulted in widespread discrimination against women. High illiteracy rates also impeded women’s ability to understand and defend their rights. Communities often followed customary laws and traditional practices that discriminated against women. For example, authorities arrested and detained women for adultery.

Despite statutory law to the contrary, under customary law a divorce is not final until the wife and her family return the full dowry to the husband’s family. As a result families often dissuaded women from divorce. Traditional courts usually ruled in favor of the husband’s family in most cases of child custody, unless children were between three and seven years of age.

Women also experienced discrimination in employment, pay, credit, education, inheritance, housing, and ownership and management of businesses or land. Although women have the right to own property and land under the transitional constitution, community elders often sought to prevent women from exercising these rights because they contradicted customary practice.

Birth Registration: Citizenship is derived through birth if a person has any South Sudanese parent, grandparent, or great-grandparent on either the mother’s or the father’s side, or if a person is a member of one of the country’s indigenous ethnic communities. Individuals may also derive citizenship through naturalization. Birth in the country is not sufficient to claim citizenship. The government did not register all births immediately.

Education: The transitional constitution and the 2012 Education Act provide for tuition-free, compulsory basic education through grade eight. Armed conflict and violence, however, were key factors preventing children from attending school throughout the year. UNICEF estimated nearly three-quarters of the country’s children were not attending school. The expansion of conflict also resulted in the displacement of many households and widespread forced recruitment of children, particularly boys, by armed groups (see section 1.g.), making it difficult for children to attend school and for schools to remain in operation. NGOs reported government and opposition forces and militias associated with both, looted numerous schools in conflict zones. In addition, the government did not give priority to investments in education, particularly basic education, and schools continued to lack trained teachers, educational materials, and other resources. Girls often did not have equal access to education. Many girls did not attend school or dropped out of school due to early marriage, domestic duties, or fear of gender-based violence at school.

Child Abuse: Abuse of children included physical violence, abduction, and harmful traditional practices such as “girl compensation” (see Other Harmful Traditional Practices). Child abuse, including sexual abuse, was reportedly widespread. Child rape occurred frequently in the context of child marriage and within the commercial sex industry in urban centers, and armed groups perpetrated it. Authorities seldom prosecuted child rape due to fear among victims and their families of stigmatization and retaliation. Child abduction also was a problem. Rural communities often abducted women and children during cattle raids (see section 1.g., Abductions).

Early and Forced Marriage: The law provides that every child has the right to protection from early marriage but does not explicitly prohibit marriage before age 18. Despite a case in July when a court annulled a marriage between a 16-year-old girl and a 28-year-old man, the ruling applied only to that specific case, and child marriage remained common. According to the Ministry of Gender, Child, and Social Welfare, nearly one-half of all girls and young women between the ages of 15 and 19 were married, and some brides were as young as 12. Early marriage sometimes reflected efforts by men to avoid rape charges, which a married woman cannot bring against her husband. In other cases families of rape victims encouraged marriage to the rapist to avoid public shaming. Many abducted girls, often repeatedly subjected to rape (see section 1.g.), were forced into marriage. For additional information, see Appendix C.

Sexual Exploitation of Children: The law designates 18 as the minimum age for consensual sex, although commercial sexual exploitation of children occurred. Perpetrators of child prostitution and child trafficking may be punished by up to 14 years’ imprisonment, although authorities rarely enforced these laws. Child prostitution and child trafficking both occurred, particularly in urban areas.

Child Soldiers: The law prohibits recruitment and use of children for military or paramilitary activities and prescribes punishments of up to 10 years’ imprisonment for violations. Opposition and government forces and affiliated armed militia groups recruited and used child soldiers throughout the year (see section 1.g., Child Soldiers).

Displaced Children: During the year conflict displaced numerous children, both as refugees and IDPs (see section 1.g.).

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.

There were no statistics concerning the number of Jews in the country. 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 specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other government services. NGOs reported community and family routinely subjected persons with disabilities to discrimination. The government did not enact or implement programs to provide access to buildings, information, or communications public services. The Transitional Constitution and the 2012 Education Act stipulate primary education be provided to children with disabilities without discrimination. Very few teachers, however, were trained to address the needs of children with disabilities, and very few schools were able to provide a safe, accessible learning environment for children with disabilities. There were no legal restrictions on the right of persons with disabilities to vote and otherwise participate in civic affairs, although lack of physical accessibility constituted a barrier to effective participation. There were no mental health hospitals or institutions, and persons with mental disabilities were often held in prisons. Limited mental-health services were available at Juba Teaching Hospital.

There were no reports of police or other government officials inciting, perpetuating, or condoning violence against persons with disabilities or official action taken to investigate or punish those responsible for violence against persons with disabilities.

Persons with disabilities also faced disproportional hardship under conditions of crisis-level food insecurity and continuing violence throughout the year. Human Rights Watch reported persons with disabilities were often victimized by both government and opposition forces. Persons with disabilities faced difficulty fleeing areas under attack and accessing humanitarian assistance in displacement camps. Since 2013 the conflict itself disabled an unknown number of civilians, who experienced maiming, amputation, sight and hearing impairment, and trauma.

Interethnic fighting and violence by government forces, opposition forces, and armed militias affiliated with the government and the opposition targeting specific ethnic groups resulted in human rights abuses throughout the year (see section 1.g.). The country has at least 60 ethnic groups and a long history of interethnic conflict. Ethnic groups were broadly categorized into the Nilotic (Dinka, Nuer, and Shilluk ethnic groups), Nilo-Hamitic, and Southwestern Sudanic groups. For some ethnic groups, cattle represented wealth and status. Competition for resources to maintain large cattle herds often resulted in conflict. Longstanding grievances over perceived or actual inequitable treatment and distribution of resources and political exclusion contributed to conflict.

Interethnic clashes occurred throughout the year. Insecurity, inflammatory rhetoric–including hate speech–and discriminatory government policies led to a heightened sense of tribal identity, exacerbating interethnic differences.

The law does not prohibit same-sex sexual acts, but it prohibits “unnatural offenses,” defined as “carnal intercourse against the order of nature,” which are punishable by up to 10 years’ imprisonment if committed with consent and up to 14 years if without consent. There were no reports authorities enforced the law.

There were reports of incidents of discrimination and abuse. LGBTI persons reported security forces routinely harassed and sometimes arrested, detained, tortured, and beat them. Because of actively hostile government rhetoric and actions, most openly LGBTI citizens fled the country.

While there were no reports filed regarding discrimination against persons with HIV/AIDS, discrimination was widely believed to be both pervasive and socially acceptable. Key groups especially vulnerable to stigma and discrimination included commercial sex workers and LGBTI persons. This stigma often presented a barrier to seeking and receiving services for the prevention, diagnosis, and treatment of HIV/AIDS.

Historical clashes between cattle keepers and agrarian peoples and between cattle keepers and persons attempting to raid and steal their herds intensified during the year. The level, scale, and sophistication of these attacks were significantly higher when compared with past conflicts. Hundreds of individuals were killed and injured, and thousands were forced to flee their homes.

Civilian casualties and forced displacements occurred in many parts of the country when raiders stole cattle, which define power and wealth in many traditional communities. Land disputes often erupted when stolen cattle were moved into other areas, also causing civilian casualties and displacement. The SSPDF, NSS, and police sometimes engaged in revenge killings both between and within ethnic groups.

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rape and Domestic Violence: The law prohibits rape, including spousal rape; it does not distinguish between rapes of women and men. The government generally enforced the law effectively. The penalty for rape is six to 12 years in prison. The law also prohibits violence against women and sets prison sentences of six months to a year for domestic violence, threats of violence, or violations of restraining orders, with longer sentences if serious injuries result.

On January 15, the interior minister enacted an action plan to combat hate crimes and discrimination and to protect vulnerable groups from abuse based on, inter alia, gender. The plan provided for increased training for security forces to identify hate crimes; digital tools to identify and counteract hate speech on social media; an increase in coordinating efforts with human rights NGOs; increasing attention for victims of hate crimes; and amplifying the legal response to these incidents. The National Office Against Hate Crimes is responsible for coordinating and assisting responses among the ministry and security forces.

In January the Supreme Court adopted an agreement that establishes doctrine and updates criteria to identify gender-based violence. The agreement removed the requirement to establish “the intent to dominate” in cases of rape and domestic violence, stating that “the mere act of aggression by a man against a woman who is his partner or former partner already constitutes an act of gender-based violence.”

On August 21, the Ministry of the Interior reported a 0.3-percent decrease in the number of reported rapes during the first three months of the year. The Ministry of the Presidency, Relations with the Parliament and Equality reported that, as of March 31, there were 6,961 persons imprisoned for crimes related to gender-based violence.

On June 21, the Supreme Court reversed a lower court decision from 2018 and declared guilty of rape five men who gang raped an 18-year-old woman in Pamplona in 2016. The lower court originally found the defendants, Jose Angel Prenda, Alfonso Jesus Cabazuelo, Jesus Escudero, Angel Boza, and Antonio Manuel Guerrero, who called themselves “the Wolfpack,” guilty of the lesser crime of sexual abuse. Under the updated Supreme Court sentence, each defendant will serve 15 years in prison.

On October 31, the provincial court of Barcelona sentenced five men to 10-12 years in prison for committing sexual abuse on a teenage victim in Manresa in 2016. The court ruled that, as the victim was in an “unconscious state” and did not struggle, charges of sexual assault could not be used since the men did not use violence or intimidation. The Barcelona prosecutor has appealed the verdict to a higher court in order to get defendants sentenced for sexual aggression.

According to the government’s delegate for gender violence, as of August 19 partners or former partners were responsible for the deaths of 40 women. According to the General Council of the Judiciary, 21,217 cases of gender-based violence were prosecuted in 2018. The Observatory against Domestic and Gender Violence reported 166,961 complaints of gender-based violence in 2018. There were 40,319 allegations of gender-based violence in the first quarter of the year. Independent media and government agencies generally paid close attention to gender-based violence.

In January an attorney in Zaragoza was killed by her partner, who was on probation after serving 14 years in prison for murdering his wife. The victim had been her partner’s defense attorney before entering into a relationship. The partner committed suicide after the killing.

A 24-hour toll-free national hotline advised battered women on finding shelter and other local assistance. Police also alerted female victims of gender-based violence of any changes in prison sentences of their attackers.

In September 2017 congress approved the State Plan against Gender Violence, with a budget of one billion euros ($1.1 billion) over five years, to support efforts to counter the problem. On August 9, the government approved an additional 20 million euros ($22 million) to municipalities to fight gender violence until June 30, 2020, under the framework of plan. It also allocated more than 5.26 million euros ($5.77 million) to institutional campaigns to combat gender-based violence, trafficking, and childhood sexual abuse within the existing framework of the plan.

In 2018 Catalonia only accepted 48 percent of victims’ requests for protective measures, such as restraining orders, for victims of gender violence. In February the Catalan regional government established the Catalan Observatory for Gender Violence Justice to analyze the judicial responses and the current protocol for handling cases of violence against women. It focuses on prevention, attention, and treatment of victims of domestic violence. In July the Catalan regional government also approved the Strategic Plan for Gender Equality Policies 2019-2022, aimed at improving the early detection of cases of gender violence and improve the assistance received by women and their children.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and authorizes courts to prosecute residents of the country who committed this crime in the country or anywhere in the world. Doctors must ask parents residing in the country who originate from countries that practice FGM/C to sign a declaration promising their daughter(s) will not undergo FGM/C when they visit countries where the practice is common. Once a family returns to the country, a doctor must examine the girl(s) again and may start legal action against the parents if examination finds that the minors underwent FGM/C during their trip.

The State Plan against Gender Violence includes FGM/C as a form of gender-based violence.

Sexual Harassment: The law prohibits sexual harassment in the workplace, but few cases came to trial. The punishment in minor cases may be between three and five months in jail or fines of six to eight months’ salary. Harassment continued to be a problem, according to media reporting.

Coercion in Population Control: The law allows persons with disabilities to be sterilized after being legally declared incapacitated by a judge and without the requirement to be informed (in cases where consent is at question) of the procedure.

Discrimination: Under the law women enjoy the same rights as men. The government generally enforced the law effectively.

Birth Registration: Citizenship is derived from one’s parents. All children born in the country, except children of diplomats and children whose parents’ country of origin gives them nationality, are registered as citizens. When a child does not acquire the parents’ nationality, the government may grant it.

Child Abuse: The law provides protections for various forms of child abuse. Those accused of sexual abuses involving minors receive larger penalties. For example, in cases of sexual abuse, instead of one to four years of imprisonment, the penalty increases to four to 10 years when the victim is a child. Cases of sexual aggression, which normally receive six to 12 years in jail, are punished with 12 to 15 years in cases involving minors.

As of May 31, either a parent or a parent’s partner killed one minor.

Early and Forced Marriage: The minimum age of marriage is 16 years for minors’ living on their own. Underage marriage is not uncommon in the Romani community.

In 2018 Catalan police assisted 14 victims of forced marriage, four of whom were minors.

Sexual Exploitation of Children: The law criminalizes the “abuse and sexual attack of minors” younger than age 13 and sets the penalty at imprisonment from two to 15 years, depending on the nature of the crime. Individuals who contact children younger than age 13 through the internet for the purpose of sexual exploitation face imprisonment for one to three years. Authorities enforced the law.

The minimum age for consensual sex in the country is 16. The law defines sexual acts committed against persons younger than age 16 as nonconsensual sexual abuse and provides for sentences from two to 15 years in prison, depending on the circumstances.

The penalty for recruiting children or persons with disabilities into prostitution is imprisonment from one to five years. The penalty for subjecting children to prostitution is imprisonment from four to six years.

The commercial sexual exploitation of trafficked teenage girls remained a problem (see also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/).

The law prohibits using a minor “to prepare any type of pornographic material” as well as producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition of “any type” of child pornography by “any means.” The penalty is one to five years’ imprisonment; if the child is younger than age of 13, the length of imprisonment is five to nine years. The law also penalizes knowingly possessing child pornography.

There is a registry for sex offenders to bar them from activities in which they could be in the presence of minors.

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

The Jewish community numbered approximately 40,000-45,000 persons. The law that provided descendants of Sephardic Jews expelled from the country 500 years ago right of return as full Spanish citizens expired at the end of September, with more than 100,000 petitions received since 2015 and nearly 50,000 new cases in the last month alone. By the end of the year, the Ministry of Justice processed 26,290 cases from more than 60 countries, with Venezuelans (6,601) representing the largest block of applicants.

The law considers denial and justification of genocide to be a crime if it incites violence, with penalties that range from one to four years in prison.

The Observatory for Religious Freedom and Conscience reported that during 2018 there were six instances of religiously motivated aggression targeting Jews (one case of destruction of property, five cases of verbal abuse).

According to Jewish community leaders and the NGO Movement against Intolerance, anti-Semitic incidents included graffiti on Jewish institutions. In February a monument to the victims of the Mauthausen concentration camp in Almeria was defaced with graffiti that said “Jewish-free Almeria.” In September the door of a synagogue of the Israelite Community of Barcelona was painted with graffiti saying, “free Palestine.”

In April fans of soccer club RCD Espanyol displayed images of Anne Frank wearing club rival FC Barcelona’s jersey. After the Federation of Jewish Communities of Spain asked RCD Espanyol to condemn the act, club officials denounced the incident and the regional police opened an investigation.

Government institutions promoted religious pluralism, integration, and understanding of Jewish communities and history, but their efforts did not reach all of the country’s autonomous regions.

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

The law prohibits, with fines of up to one million euros ($1.1 million), discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced these provisions effectively.

The law requires private companies with more than 50 employees to hire persons with disabilities for at least 2 percent of their jobs. In 2016 the consultancy Leialta estimated that 81 percent of the companies did not comply with the obligation.

The law mandates access to buildings for persons with disabilities. While the government generally enforced these provisions, levels of assistance and accessibility varied among regions. On June 12, the Spanish Confederation of Persons with Physical and Organic Disabilities reported that 1.8 million persons with disabilities required the assistance of third persons to enter and leave their residences and 100,000 persons with disabilities could not leave their residences at all.

A report in May by the UN Committee on the Rights of Persons with Disabilities reiterated the need for the country fully to abolish the forced sterilization, medical treatment, and research on persons with disabilities without their consent. The committee expressed its concern that a high number of children with disabilities received segregated special education.

On January 15, the interior minister enacted an action plan to combat hate crimes and discrimination and to protect vulnerable groups from abuse based, inter alia, on intellectual and physical disabilities.

In its report published in February 2018, the European Commission against Racism and Intolerance (ECRI) noted serious underreporting of hate crimes. The interior minister’s action plan enacted on January 15 to combat hate crimes and discrimination and to protect vulnerable groups from abuse based, inter alia, on national origin and ethnicity included increased training for security forces to identify hate crimes; digital tools to identify and counteract hate speech on social media; an increase in coordinating efforts with human rights NGOs; increasing attention for victims of hate crimes; and amplifying the legal response to these incidents.

The Ministry of the Interior reported 524 hate crimes linked to racism (36.9 percent) in 2017, the most recent year for which data were available, an increase of 26.8 percent from 2016. The regions of Melilla, Catalonia, and the Basque Country, had the highest numbers of hate crimes according to the ministry’s data.

Roma are subject to strong societal prejudice. In February 2018 ECRI reported that 55 percent of Romani children do not finish junior high school equivalent compulsory secondary school, a percentage that was increased to 64 percent by Isidro Rodriguez, president of the main Roma-focused NGO in Spain, “Fundacion Secretariado Gitano (FSG).” After the April 28 national elections, Romani representation in the national congress went from two representatives in the previous legislature to four, in four different political parties. The FSG registered 232 cases of discrimination against Roma in 2017, 30 more than in 2016.

On August 9, the government published the names of 4,427 Spaniards who died in the concentration camps of Mauthausen and Gusen, between 1940 and 1945. Some historians claimed that there are nearly 700 additional victims, whose death certificates were hidden by the Franco regime to prevent their families from asking for compensation. An estimated 9,000 Spaniards, mostly political prisoners and captured foreign fighters, passed through Nazi concentration camps during World War II. The government established May 5 as the day of tribute to Spanish deportees who died in concentration camps and for all Spanish victims of Nazism.

The country’s antidiscrimination laws prohibit discrimination based on sexual orientation and gender identity, and the government enforced the law. The law penalizes those who provoke discrimination, hate, or violence based on sexual orientation with up to three years’ imprisonment. The law also prohibits denial or disqualification of employment based on sexual orientation and the formation of associations that promote discrimination, hate, or violence against others based on their sexual orientation. The law may consider hatred against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons an aggravating circumstance in crimes.

The number of homophobic attacks rose in Catalonia. The Observatory against Homophobia of Catalonia reported 81 incidents as of July 1, compared with 56 in the same timeframe in 2018. A new LGTBI resource center was vandalized with painted homophobic slurs and broken windows barely one week after its inauguration in January.

The SPT found that Moroccan gays were in situations of “extreme vulnerability, discrimination, and psychological fragility” in the migrant detention center in Melilla. Societal pressures force most Romani LGBTI persons to remain in the closet.

The interior minister’s action plan enacted on January 15 to combat hate crimes and discrimination and to protect vulnerable groups from abuse based, inter alia, on sexual identity included increased training for security forces to identify hate crimes; digital tools to identify and counteract hate speech on social media; an increase in coordinating efforts with human rights NGOs; increasing attention for victims of hate crimes; and amplifying the legal response to these incidents.

In May an internal letter in the Office of the General Prosecutor instructed on interpreting hate crimes. According to the letter, an assault on a person of Nazi ideology, or an incitement to hatred towards such a group, may be included among hate crimes.

According to the Ministry of the Interior, 1,419 hate crimes were reported in 2017, the latest year for which data were available, an 11.6-percent increase from 2016. Of these, 276 cases involved physical injuries and 253 involved threats.

The NGO Movement against Intolerance estimated that 80 percent of hate crimes in the country were unreported. The NGO’s 2018 report analyzed more than 600 incidents of hate crimes and identified factors such as social media and internet “hate speech,” rising xenophobia, anti-Semitism, Islamophobia, and the lack of a general legislation or strategy to counter hate crimes as the principal causes of the increase in such activities.

According to a report from the Observatory for Religious Freedom and Conscience, in 2018 there were 200 instances of religiously motivated violence, compared with 166 in 2017.

The interior minister’s action plan enacted on January 15 to combat hate crimes and discrimination and to protect vulnerable groups from abuse based, inter alia, on religious ideology and socioeconomic status included increased training for security forces to identify hate crimes; digital tools to identify and counteract hate speech on social media; an increase in coordinating efforts with human rights NGOs; increasing attention for victims of hate crimes; and amplifying the legal response to these incidents.

a. Freedom of Association and the Right to Collective Bargaining

The law allows most workers, including foreign and migrant workers, to form and join independent unions of their choice without previous authorization or excessive requirements. Military personnel and national police forces do not have the right to join generalist unions. Judges, magistrates, and prosecutors may join only bar associations.

The law provides for collective bargaining, including for all workers, part-time and full-time, in the public sector except military personnel, and the government effectively enforced the applicable laws. Public sector collective bargaining includes salaries and employment levels, but the government retained the right to set the levels if negotiations failed. The government has the unilateral power to annul, modify, or extend the content and scope of collective agreements in the public sector, and all collective bargaining agreements must be registered with the government.

The constitution and law provide for the right to strike, and workers exercised this right by conducting legal strikes. The law prohibits strikers from disrupting or seeking to disrupt harmonious relationship among citizens, disturbing public order, causing damage to persons or property, blocking roads or public spaces, or preventing authorities or bodies from performing their duties freely. Any striking union must respect minimum service requirements negotiated with the respective employer. Law and regulations prohibit retaliation against strikers, antiunion discrimination, and discrimination based on union activity, and these laws were effectively enforced. According to the law, if an employer violates union rights, including the right to conduct legal strikes, or dismisses an employee for participation in a union, the employer could face imprisonment from six months to two years or a fine if the employer does not reinstate the employee. These penalties were sufficient to deter violations.

Workers freely organized and joined unions of their choice. The government generally did not interfere in union functioning. Collective bargaining agreements covered approximately 80 percent of the workforce in the public and private sectors at the end of the year. On occasion employers used the minimum service requirements to undermine planned strikes and ensure services in critical areas such as transportation or health services.

Although the law prohibits antiunion discrimination by employers against workers and union organizers, unions contended that employers practiced discrimination in many cases by refusing to renew the temporary contracts of workers engaging in union organizing. There were also antiunion dismissals and interference in the activities of trade unions and collective bargaining in the public sector.

According to a 2019 report by the International Trade Union Confederation (ITUC), companies routinely accede to individual agreements with employees to avoid collective bargaining with unions. The ITUC also criticized government restrictions on the right to strike, with unions reporting that more than 300 workers have been charged under the criminal code that regulates participation in strikes based on minimum service requirements.

The law prohibits all forms of forced or compulsory labor including by children.

The government effectively enforced the law. It maintained strong prevention efforts, although the efforts focused more on forced prostitution than other types of forced labor. The government had an insufficient number of inspectors to enforce the law effectively. The government did not implement new forced labor awareness campaigns. Penalties were sufficiently stringent to deter violations.

There were cases of employers subjecting migrant men and women to forced labor in domestic service, agriculture, construction, and the service industry. Unaccompanied children remained particularly vulnerable to labor exploitation and forced begging.

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

The law prohibits the worst forms of child labor, as defined by international standards. The statutory minimum age for the employment of children is 16. The law also prohibits those younger than 18 from employment at night, overtime work, or employment in sectors considered hazardous, such as the agricultural, mining, and construction sectors. Laws and policies provide for protection of children from exploitation in the workplace, and these laws generally were enforced.

The Ministry of Employment, Migration, and Social Security has primary responsibility for enforcement of the minimum age law, and it enforced the law effectively in industries and the service sector.

The ministry did not effectively enforce the law on small farms and in family-owned businesses, where child labor persisted. The government effectively enforced laws prohibiting child labor in the special economic zones. In 2017, the most recent year for which data were available, the Ministry of Employment, Migration, and Social Security detected 20 violations of child labor laws that involved 24 minors between ages 16 and 18, and 19 violations involving 37 minors under 16 years old. The fines amounted to more than 250,000 euros ($275,000). In 2017 there were 13 violations related to the safety and health of working minors, involving 18 minors, with penalties of more than 150,000 euros ($165,000). The penalties for violating child labor laws were sufficient to deter violations.

There were reports that criminals subjected children to trafficking in the sex trade and forced solicitation, as well as pornography. Police databases do not automatically register foreign children intercepted at the borders, making them vulnerable to exploitation, including forced begging and commercial sexual exploitation (see section 6, Children).

The law prohibits discrimination with respect to employment and occupation and the government effectively enforced the law, although discrimination in employment and occupation still occurred with respect to race and ethnicity, gender, and sexual orientation. The government requires companies with more than 50 workers to reserve 2 percent of their jobs for persons with disabilities.

According to Eurostat, female workers earned 14.9-percent less per hour than their male counterparts. Gross salary, according to Eurostat, was 20 percent lower.

On International Women’s Day on March 8, hundreds of thousands of women and men demonstrated in most cities to call attention to gender-based violence, wage gaps, and sexual harassment.

The law provides for a national minimum wage, which barely met the poverty level in 2018.

The Ministry of Employment, Migration, and Social Security effectively enforced minimum wage, hours of work, and occupational safety and health standards in the formal economy but not in the informal economy.

The law provides for a 40-hour workweek, with an unbroken rest period of 36 hours after each 40 hours worked. The law restricts overtime to 80 hours per year unless a collective bargaining agreement establishes a different level. Pay is required for overtime and must be equal to or greater than regular pay.

The National Institute of Safety and Health in the Ministry of Employment, Migration, and Social Security has technical responsibility for developing occupational safety and health standards. The law protects workers who remove themselves from situations that could endanger their health or safety without jeopardy to their employment.

The Inspectorate of Labor has responsibility for enforcing the law on occupational safety and health standards through inspections and legal action if inspectors find infractions. The number of inspectors was insufficient to enforce the law. The penalties were not sufficient to deter violations. Unions criticized the government for devoting insufficient resources to inspection and enforcement. The most common workplace violations included occupational safety standards in the construction sector and infractions of wages and social security benefits on workers in the informal economy. In June 2018 Funcas (Fundacion de Cajas de Ahorros) estimated that the informal economy was between 18.5 and 24.5 percent of the country’s gross domestic product.

In 2018 the Ministry of Labor, Migration, and Social Security recorded 617,488 workplace accidents, of which authorities considered 3,992 as serious but nonfatal. There were 557 fatal accidents, 15 more than in 2017.

Through July the Ministry of Labor, Migration, and Social Security recorded 310,130 workplace accidents, of which 292 were fatal accidents, 74 fewer more than the same period in 2018.

Rape and Domestic Violence: The law prohibits rape and domestic violence, but enforcement of the law was inconsistent. Section 363 of the penal code does not explicitly criminalize rape of men. Section 365 B (1), which is gender neutral, criminalizes “grave sexual abuse.” The prescribed penalties for rape are seven to 20 years’ imprisonment and a fine of at least 200,000 Rs ($1,160). For domestic violence, a victim can obtain a protection order for one year and request a maintenance allowance. The law prohibits spousal rape only if the spouses are legally separated.

Women’s organizations reported police and judiciary responses to rape and domestic violence incidents and cases were inadequate. The police Bureau for the Prevention of Abuse of Women and Children conducted awareness programs in schools and at the grassroots level to encourage women to file complaints. Police continued to establish women’s units in police stations. Services to assist survivors of rape and domestic violence, such as crisis centers, legal aid, and counseling, were generally scarce nationwide due to a lack of funding.

Female Genital Mutilation/Cutting (FGM/C): Some of the country’s Muslims historically practiced FGM/C, but it was not a part of public discourse until recent years when media articles drew attention to the practice. There were no statistics on the current prevalence of FGM/C in the country, which does not have laws against FGM/C. In May 2018 the director general of health services from the Ministry of Health issued a circular prohibiting medical practitioners from carrying out FGM, but FGM/C itself is not criminalized. Several civil society groups led mostly by Muslim women continued to campaign against FGM/C.

Sexual Harassment: Sexual harassment is a criminal offense carrying a maximum sentence of five years in prison. Sexual harassment was common and was a particularly widespread problem in public transport.

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

Discrimination: Women have equal rights to men under civil and criminal law. Adjudication of questions related to family law, including marriage, divorce, child custody, and inheritance, varied according to the customary law of each ethnic or religious group, resulting in discrimination.

Birth Registration: Children obtain citizenship from their parents.

Child Abuse: According to reports and evidence from fundamental rights applications and complaints filed with police during the year, school authorities frequently violate government regulations on banning corporal punishment in schools. There was also growing public concern about the high incidence of violence, including sexual violence, against children in the family and community. Despite successful efforts to reform the penal code, the basic criminal law, and other laws on child abuse, cruelty to children and their exploitation in trafficking, and child labor persisted. Penalties vary based on the type and degree of child abuse, but trials tended to drag on for years.

Most child abuse complaints received by the National Child Protection Authority (NCPA), usually via a toll free 24-hour hotline, related to violence inflicted on children, and the rest of the complaints addressed related issues such as cruelty to children, deprivation of a child’s right to education, sexual abuse, and child labor. Teachers, school principals, and religious instructors reportedly sexually abused children. In a number of child rape cases, government officials were the suspected perpetrators. Civil society organizations working on children’s issues asserted children had insufficient mechanisms to report domestic violence or abuse safely. Although police stations are supposed to have an officer dedicated to handling abuse complaints from women and children, the government did not consistently implement this practice nationwide. Although the police Children and Women Bureau plays a major role in investigating abuse cases, depending on the severity of the case, some fall under the jurisdiction of the magistrates’ courts as outlined in the criminal procedure code. In these instances police file a formal complaint sheet and begin a judicial medical process. The attorney general files indictments for child abuse cases exclusively in high courts.

The NCPA’s founding chairman, Harendra de Silva, said the organization failed at its core mandate due to increasing politicization in recent years. He stated the thousands of child abuse cases that were pending in courts and other state institutions, including the NCPA, signaled a “trend of corruption.” According to the NCPA, at least 9,000 complaints are filed annually on various forms of abuse, including cruelty to children, sexual harassment, rape, grave sexual abuse, child labor and trafficking. The NCPA began awareness programs during the year, such as Jana Paura or “people’s shield”, to educate the public on child protection and children’s rights. The Attorney General’s Department reported that, from January to July 31, some 3,113 child abuse cases were concluded where 1,881 indictments were served in high courts; advice was sought on 399 cases; and 833 cases were discharged.

On June 12, the Supreme Court ruled that Chief Inspector Waruni Bogahawatta of the Matara police station, an award-winning female police officer, was responsible for a minor girl’s unlawful arrest and deprivation of her liberty. The officer allegedly detained her without justification and subjected her to degrading treatment while she questioned the child in a bid to frame a local politician for rape. The Supreme Court also ordered Bogahawatta to pay approximately 98,600 Rs ($570), and the state to pay approximately 49,300 Rs ($285), as compensation to the victim.

Early and Forced Marriage: Civil law sets the minimum legal age for marriage at 18 for both men and women, although girls may marry at age 16 with parental consent. According to the penal code, sexual intercourse with a girl younger than 16 years, with or without her consent, amounts to statutory rape. The provision, however, does not apply to married Muslim girls older than 12. The Muslim Marriage and Divorce Act, which applies only to Muslims, permits the marriage of girls as young as 12 at the consent of the bride’s father, other male relative, or a quazi (a judge who interprets and administers Islamic law).

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography, but authorities did not always enforce the law. The minimum age of consensual sex is 16.

In June UN-appointed independent rights experts said the scale of the country’s child sex tourism industry has reached such worrying proportions that the authorities should act immediately. The UN Committee on the Rights of the Child said that the scourge was “very widespread,” particularly in the North of the country.

Displaced Children: IDP welfare centers and relocation sites exposed children to the same difficult conditions as adult IDPs and returnees in these areas.

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 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 is very small. 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/.

Various laws forbid discrimination against any person with physical, sensory, intellectual, or mental disabilities in employment, education, air travel, other public transportation, and access to health care. In practice, however, discrimination occurred in employment, education, and provision of state services, including public transportation. Children with disabilities attended school at a lower rate than other persons. There were regulations on accessibility, but accommodation for access to buildings and public transportation for persons with disabilities was rare. Observers of the November presidential election noted process improvements were needed to ensure participation of persons with disabilities in future elections.

Both local and Indian-origin Tamils maintained that they suffered longstanding, systematic discrimination in university education, government employment, housing, health services, language laws, and procedures for naturalization of noncitizens. Throughout the country, but especially in the North and East, Tamils reported security forces regularly monitored and harassed members of their community, especially activists, journalists, and former or suspected former LTTE members.

The government had a variety of ministries and presidentially appointed bodies designed to address the social and development needs of the Tamil minority. The government implemented a number of confidence-building measures to address grievances of the Tamil community. The Office of National Unity and Reconciliation, established in 2016, continued to coordinate the government’s reconciliation efforts. The office focuses on promoting social integration to build an inclusive society, securing language rights for all citizens, supporting a healing process within war-affected communities via the government’s proposed Commission for Truth, Justice, Reconciliation, and nonrecurrence of the violence. The Tamil National Alliance and Defense Ministry continued to meet in accordance with a formal dialogue on returning military-held lands in the Northern and Eastern Provinces inaugurated in 2017.

On August 29, then president Sirisena, in his capacity as minister of defense, directed officials to estimate the extent of lands under occupation and release them appropriately with the consultation of the security forces and to submit a report before October 1 to the governor of the Northern Province. The submission was pending at year’s end.

On November 16, three buses carrying Muslim voters from Puttalam to Mannar were reportedly stopped in Thanthirimale by Sri Lanka Podujana Peramuna (SLPP) supporters. The SLPP supporters burned tires and threw rocks, eventually hitting one of the buses and breaking a window. At least one shot was reportedly fired, but no one was injured.

In May extremist groups led by Buddhist monks and politicians attacked and vandalized mosques, Muslim-owned businesses and homes in Kurunegala, Gampaha, and the Puttalam Districts, resulting in one death and extensive property damage. In Negombo and Chilaw, police initially were slow to respond or stop perpetrators from damaging Muslim buildings and assaulting Muslim individuals resulting in the death of a Muslim citizen and damage to Muslim-owned businesses. Buddhist monks also used hate speech on social media in the aftermath of the Easter Sunday attacks; a chief prelate of the Asgiriya chapter stated, “Don’t eat or drink from Muslim shops. Traitors who have destroyed this country shouldn’t be allowed to live in peace”.

The country’s indigenous people, known as Veddas, reportedly numbered fewer than 1,000. Some preferred to maintain their traditional way of life, and the law generally protected them. They freely participated in political and economic life without legal restrictions, but some did not have legal documents.

The law criminalizes consensual same-sex sexual conduct between adults. Those convicted of engaging in same-sex sexual activity in private or in public face 10 years’ imprisonment. Although prosecutions were rare, human rights organizations reported police used the threat of arrest to assault, harass, and sexually and monetarily extort LGBTI individuals. Antidiscrimination laws do not prohibit discrimination based on sexual orientation and gender identity.

Transgender persons continued to face societal discrimination, including arbitrary detention, mistreatment, and discrimination accessing employment, housing, and health care.

Persons who provided HIV prevention services and groups at high risk of infection reportedly suffered discrimination. In addition, hospital officials reportedly publicized the HIV-positive status of their patients and occasionally refused to provide health care to HIV-positive persons.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions of their choice. Exceptions include members of the armed forces, police officers, judicial officers, and prison officers. Workers in nonessential services industries, except for workers in public-service unions, have the legal right to bargain collectively. The law does not explicitly recognize the right to strike, but courts have recognized an implied right to strike based on the Trade Unions Ordinance and the Industrial Disputes Act. Nonunion worker councils tended to represent labor in export processing zone (EPZ) enterprises, although several unions operated in the zones. According to the Board of Investment, which operates the EPZs, if both a recognized trade union with bargaining power and a nonunion worker council exist in an enterprise, the trade union would have the power to represent the employees in collective bargaining.

Under Emergency Regulations of the Public Security Ordinance, the president has broad discretion to declare sectors “essential” to national security, the life of the community, or the preservation of public order and to revoke those workers’ rights to conduct legal strikes. In addition to the Public Security Ordinance, the Essential Public Services Act of 1979 allows the president to declare services provided by government agencies as “essential” public services. In 2018 and also during the year, the government used the essential public-services act to declare the Sri Lankan Railway and petroleum sector as essential sectors in attempts to force striking union members back to work.

The law prohibits retribution against striking workers in nonessential sectors. Seven workers may form a union, adopt a charter, elect leaders, and publicize their views, but a union must represent 40 percent of workers at a given enterprise before the law obligates the employer to bargain with the union. The law does not permit public-sector unions to form federations or represent workers from more than one branch or department of government. The Labor Ministry may cancel a union’s registration if it fails to submit an annual report for three years.

The law prohibits antiunion discrimination. Labor laws do not cover domestic workers employed in the homes of others or informal-sector workers.

The law allows unions to conduct their activities without interference, but the government enforced the law unevenly. Violations for antiunion discrimination may result in a fine of 100,000 Rs ($578). The law requires an employer found guilty of antiunion discrimination to reinstate workers fired for union activities, but it may transfer them to different locations. In general these penalties were insufficient to deter violations. Only the Labor Ministry has legal standing to pursue an unfair labor practice case, including for antiunion discrimination.

Since 1999 the Labor Ministry has filed 14 cases against companies for unfair labor practices under the Industrial Disputes Act. The ministry did not file any new unfair labor practices cases during the year. The courts issued rulings on four cases and continued to try the other five; three cases have not been filed due to inadequate evidence. Citing routine government inaction on alleged violations of labor rights, some unions pressed for standing to sue, while some smaller unions did not want that ability because of the cost of filing cases. Workers brought some labor violations to court under the Termination of Employment and Workmen Act and the Payment of Gratuity Act. Lengthy delays hindered judicial procedures. The Industrial Dispute Act does not apply to the public sector, and public-sector unions had no formal dispute resolution mechanism.

The government generally respected the freedom of association and the right to bargain collectively. Public-sector unions staged numerous work stoppages on a number of issues, ranging from government moves to privatize state-owned enterprises to wage issues.

While some unions in the public sector were politically independent, most large unions affiliated with political parties and played a prominent role in the political process.

Unions alleged that employers often indefinitely delayed recognition of unions to avoid collective bargaining, decrease support for unionization, or identify, terminate, and sometimes assault or threaten union activists. The Ministry of Labor requires labor commissioners to hold union certification elections within 30 working days of an application for registration if there was no objection or within 45 working days if there was an objection. The commissioner general of labor held five union certification elections in 2017. No union certification elections were held in 2018 and from January to September 2019.

The law prohibits all forms of forced and compulsory labor, but penalties were insufficient to deter violations. The government did not effectively enforce the laws due to inadequate resources, inspections, and remediation efforts, as well as a lack of identification of forced labor cases. Labor Ministry inspections did not extend to domestic workers. The government sporadically prosecuted labor agents who fraudulently recruited migrant workers yet appeared to sustain its monthly meetings to improve interministerial coordination.

Children between the ages of 14 and 18 and women working as live-in domestic workers in some homes were vulnerable to forced 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/.

The minimum age for employment is 14, although the law permits the employment of younger children by their parents or guardians in limited family agricultural work or technical training. The government increased the compulsory age of education from 14 years to 16 years in 2016. The law prohibits hazardous work for persons younger than 18. The law limits the working hours of children ages 14 and 15 to nine hours per day and of ages 16 and 17 to 10 hours per day. The government estimated less than 1 percent of children–approximately 40,000–were working, although employment was often in hazardous occupations. The government currently classifies 51 activities as hazardous.

The government did not effectively enforce all laws, and existing penalties were not sufficient to deter violations.

The Labor Ministry made some progress in implementing its plan to eliminate the worst forms of child labor. The government appointed district coordinators with responsibility of reducing child labor in all 25 districts and provided new guidelines for district officials. The Department of Labor continued its efforts to monitor workplaces on the list of hazardous work for children.

According to the Child Activity Survey of 2016 published in February, children worked in the construction, manufacturing, mining, and fishing industries and as cleaners and helpers, domestic workers, and street vendors. Children also worked in agriculture during harvest periods. Children displaced by the war were especially vulnerable to employment in hazardous labor.

The list of hazardous work prohibited for children younger than 18 does not include domestic labor. This left children employed as child domestic workers vulnerable to physical, sexual, and emotional abuse. Family enterprises, such as family farms, crafts, small trade establishments, restaurants, and repair shops, commonly employed children. Criminals reportedly exploited children, especially boys, for prostitution in coastal areas catering to sex tourists (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 .

The constitution prohibits discrimination, including with respect to employment and occupation, on the basis of race, religion, language, caste, sex, political opinion, or place of birth. The law does not prohibit employment or occupational discrimination on the basis of color, sexual orientation or gender identity, age, HIV-positive status, or status with regard to other communicable diseases. The government has proposed reforms to existing labor legislation that would more explicitly prohibit discrimination based on gender and other categories. Women have a wide range of workforce restrictions, including caps on overtime work and limits on nighttime shifts.

The government did not always effectively enforce these laws, and discrimination based on the above categories occurred with respect to employment and occupation. For example, some employers specified particular positions as requiring male or female applicants, and women often earned less than men for equal work.

The parliament passed its first-ever national minimum wage law in 2015 and the government issued a Gazette notice on October 18, increasing the minimum monthly wage for private-sector workers by 25 percent. The changes increase the minimum wage increase from Rs 10,000 ($54.90 per month or $1.83 per day) to Rs 12,500 ($68.30 per month or $2.27 per day). The Department of Labor’s 44 wage boards continued to set minimum wages and working conditions by sector and industry in consultation with unions and employers. On September 24, the Cabinet of Ministers approved salary increases for all government employees effective January 1, 2020. The minimum private-sector and public-sector wages are well above the government’s official poverty line, which was Rs 4,166 ($22.98) in 2016.

The law prohibits most full-time workers from regularly working more than 45 hours per week (a five-and-a-half-day workweek). In addition, the law stipulates a rest period of one hour per day. Regulations limit the maximum overtime hours to 15 per week. Overtime pay is 1.5 times the basic wage and is paid for work beyond 45 hours per week and work on Sundays or holidays. The provision limiting basic work hours is not applicable to managers and executives in public institutions. The law provides for paid annual holidays.

The government sets occupational health and safety standards. Workers have the right to remove themselves from dangerous situations, but many workers had no knowledge of such rights or feared that they would lose their jobs if they did so.

Authorities did not effectively enforce minimum wage, hours of work, and occupational safety and health standards in all sectors. The Labor Ministry’s resources, inspections, and remediation efforts were insufficient. The number of labor inspectors was insufficient for the size of the country’s workforce. Occupational health and safety standards in the rapidly growing construction sector, including on infrastructure development projects, such as port, airport, and road construction, as well as high-rise buildings, were insufficient. Employers, particularly those in the construction industry, increasingly used contract employment for work of a regular nature, and contract workers had fewer safeguards.

Labor Ministry inspectors verified whether employers fully paid employees and contributed to pension funds as required by law. Unions questioned, however, whether the ministry’s inspections were effective. The Labor Department used a computerized Labor Information System Application designed to improve the efficiency and effectiveness of inspections, but officials and trade unions noted concerns that the system was not well maintained.

Enforcement of labor laws and basic work conditions was also insufficient. Under the Shop and Office Act, the penalties for violating hours of work laws are a fine of 500 Rs ($2.89), six months’ imprisonment, or both. The law charges a fine of 50 Rs ($0.29) per day if the offense continues after conviction. These penalties were insufficient to deter violations. Labor inspectors did not monitor wages or working conditions or provide programs or social protections for informal sector workers. In September amendments to the factories ordinance and the wages board ordinance increased fines for nonpayment of salaries to workers under the purview of the wages board between Rs.5,000 ($27) to Rs.10,000 ($55), along with an imprisonment not exceeding one year.

Rape and Domestic Violence: Rape and sexual harassment are criminal offenses, and a rape victim cannot be prosecuted for adultery. Marital rape is not recognized.

There were no reliable statistics on the prevalence of rape and domestic violence. The UN international expert on the human rights situation in Sudan and UNAMID’s human rights section reported they received regular reports of incidents of rape and sexual and gender-based violence (see section 1.g.). Monitoring groups reported the incidence of rape and sexual assault increased as the economic situation worsened during the year and intercommunal violence increased. Human rights organizations cited substantial barriers to reporting sexual and gender-based violence, including cultural norms, police reluctance to investigate, and the widespread impunity of perpetrators.

On June 3, during the security forces clearance of peaceful demonstrators in front of SAF headquarters, there were credible reports of rape by security forces, including the RSF.

Female Genital Mutilation/Cutting (FGM/C): FGM/C remained a problem throughout the country. No national law prohibits FGM/C, and the procedure continued to be used on women and girls throughout the country. The Bashir government launched a national campaign in 2008 to eradicate FGM/C by 2018; since 2008, five states passed laws prohibiting FGM/C: South Kordofan, Gedaref, Red Sea, South Darfur, and West Darfur. The Bashir government, with the support of the former first lady, prioritized the saleema (uncut) campaign, which raised public awareness. The Bashir government worked with UNICEF, the UN Population Fund (UNFPA), and the World Health Organization to end FGM/C.

According to UNICEF and UNFPA, the prevalence rate of FGM/C among girls and women between the ages of 15 and 49 was 87 percent. Prevalence varied geographically and depended on the local ethnic group.

For more information, see Appendix C.

Sexual Harassment: There were frequent reports of sexual harassment by police. The Bashir government did not provide any information on the number of sexual harassment reports made. NGOs, not the Bashir government, made most efforts to curb sexual harassment.

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

Discrimination: The law, including many traditional legal practices and certain provisions of Islamic jurisprudence as interpreted and applied by the Bashir government, discriminates against women. In accordance with Islamic judicial interpretation, a Muslim widow inherits one-eighth of her husband’s estate; of the remaining seven-eighths, two-thirds goes to the sons and one-third to the daughters. In certain probate trials, a woman’s testimony is not considered equal to a man’s; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man.

By law a Muslim man may marry a Jewish or Christian woman. A Muslim woman may not marry a non-Muslim man and may be charged with adultery if she does so.

Various Bashir government institutions required women to dress according to Islamic or cultural standards, including wearing a head covering. In Khartoum, public order police occasionally brought women before judges for allegedly violating Islamic standards. One women’s advocacy group estimated that in Khartoum, public order police arrested an average of 40 women per day. Islamic standards for dress generally were not legally enforced for non-Muslims but were culturally enforced. In December the public order law, which provided the authority for these arrests, was repealed.

Birth Registration: The Interim National Constitution states that persons born to a citizen mother or father have the right to citizenship. The law, however, granted citizenship only to children born to a citizen father by descent until July 2017, when the Supreme Court recognized the right of mothers to confer citizenship on their children. The 2019 constitutional declaration states every child born to a Sudanese mother or father has the inviolable right to enjoy Sudanese nationality and citizenship.

Most newborns received birth certificates, but some in remote areas did not. Registered midwives, dispensaries, clinics, and hospitals could issue certificates. Failure to present a valid birth certificate precludes enrollment in school. Access to health care was similarly dependent on possession of a valid birth certificate, but many doctors accepted a patient’s verbal assurance that he or she had one.

Education: The law provides for tuition-free basic education up to grade eight, but students often had to pay school, uniform, and examination fees to attend. Primary education is neither compulsory nor universal.

Child Abuse: The government tried to enforce laws criminalizing child abuse and was more likely to prosecute cases involving child abuse and sexual exploitation of children than cases involving adults. Some police stations included “child friendly” family and child protection units and provided legal, medical, and psychosocial support for children.

Early and Forced Marriage: The legal age of marriage was 10 years for girls and 15 years or puberty for boys. The Bashir government and the former president’s wife worked to end child marriage.

Sexual Exploitation of Children: Penalties for the sexual exploitation of children vary and can include imprisonment, fines, or both. The Bashir government and CLTG tried to enforce laws criminalizing child sexual exploitation.

There is no minimum age for consensual sex or a statutory rape law. Pornography, including child pornography, is illegal. Statutes prescribe a fine and period of imprisonment not to exceed 15 years for child pornography offenses.

Displaced Children: Internally displaced children often lacked access to government services such as health and education due to security concerns and an inability to pay related fees. UNICEF estimated 960,000 children were internally displaced.

Institutionalized Children: Police typically sent homeless children who had committed crimes to government camps for indefinite periods. Health care, schooling, and living conditions were generally very basic. All children in the camps, including non-Muslims, had to study the Quran.

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.

A very small Jewish community remained in the country, predominantly in the Khartoum area. Societal attitudes were generally not tolerant of Jewish persons, although anti-Semitic acts were rare.

In September the newly installed minister for religious affairs called for all Jews of Sudanese origin to return to the country and underscored that Sudan is a pluralistic society.

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

Although the law, the Interim National Constitution, and the constitutional declaration provide protection for persons with disabilities, social stigma and a lack of resources hindered the government’s enforcement of disability laws. The law does not specifically prohibit discrimination against persons with disabilities.

Social stigma and lack of resources often prevented government and private entities from accommodating persons with disabilities in education and employment. Appropriate supports were especially rare in rural areas.

The Bashir government did not enact laws or implement effective programs to provide for access to buildings, information, and communication for persons with disabilities.

In December, Prime Minister Hamdok tweeted, “Care for the challenges faced by persons with disabilities symbolizes wellness and development in any democratic society.”

The population includes more than 500 ethnic groups speaking numerous languages and dialects. Some of these ethnic groups self-identify as Arab, referring to their language and other cultural attributes. Northern Muslims traditionally dominated the government.

The law does not specifically prohibit homosexuality but criminalizes sodomy, which is punishable by death. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons are not considered a protected class under antidiscrimination laws. Antigay sentiment was pervasive in society. LGBTI organizations increasingly felt pressured to suspend or alter their activities due to threat of harm. Under the Bashir regime several LGBTI persons felt compelled to leave the country due to fear of abuse, intimidation, or harassment.

There were no reports during the year of official action to investigate or punish those complicit in LGBTI-related discrimination or abuses.

There was societal discrimination against persons with HIV/AIDS.

Clashes often resulted from conflicts over land rights, mineral ownership, and use of gold-mining areas, particularly in the Jebel Amer area in North Darfur. Observers believed those clashes resulted in deaths and displacement. Largely unregulated artisanal gold-mining activities continued in all of the Darfur states, although it was a lesser source of tension between communities than in previous years. Claims to land rights continued to be mostly ethnic and tribal in nature.

The Bashir government, Bashir government-supported militias, and rebel groups reportedly promoted hatred and discrimination, using standard propaganda techniques. The Bashir government often used religiously charged language to refer to suspected antigovernment supporters.

The Bashir government did not take measures to counter hate speech.

a. Freedom of Association and the Right to Collective Bargaining

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

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

The law under the Bashir regime and the TMC denied trade unions autonomy to exercise the right to organize or to bargain collectively. It defined the objectives, terms of office, scope of activities, and organizational structures and alliances for labor unions. The law required all strikes in nonessential sectors to receive prior approval from the government after satisfying a set of legal requirements. Specialized labor courts adjudicated standard labor disputes, but the Ministry of Labor had the authority to refer a dispute to compulsory arbitration. Disputes also may have been referred to arbitration if indicated in the work contract. The law did not prohibit antiunion discrimination by employers.

Police could break up any strike conducted without prior government approval. There were several strikes reported during the year.

Bureaucratic steps mandated by law to resolve disputes between labor and management within companies were lengthy. Court sessions involved additional significant delays and costs when labor grievances were appealed.

The Bashir government did not effectively enforce applicable laws. Freedom of association and the right to collective bargaining were not respected under the Bashir regime. There were credible reports the government routinely intervened to manipulate professional, trade, and student union elections.

The Sudan Workers’ Trade Union Federation, a Bashir government-controlled federation of 18 state unions and 22 industry unions, was the only official umbrella organization for unions. No NGOs specialized in broad advocacy for labor rights. There were unrecognized “shadow unions” for most professions. During the protests these became known as the Sudanese Professional Association, and their members were leading activists during the protests and the later negotiations between the TMC and FFC leading to the establishment of the CLTG. For example, the Bashir government recognized only the Sudan Journalists Union, whose membership included all journalists, including the spokesperson of the Sudan Air Force, as well as NISS media-censorship officials. Most independent journalists, however, were members of the nonregistered Sudan Journalist Network, which organized advocacy activities on behalf of journalists.

According to the International Trade Union Confederation, in oil-producing regions, police and secret service agents, in collusion with oil companies, closely monitored workers’ activities.

The law criminalizes all forms of forced or compulsory labor. The Bashir government, however, did not effectively enforce the law. Resources, inspections, and remediation were inadequate, and penalties for violations in the form of fines were rarely imposed and insufficient to deter violations. The Bashir government stated it investigated and prosecuted cases of forced labor, but it did not compile comprehensive statistics on the subject. Some government officials claimed forced labor had been eradicated and denied reports that citizens engaged in this practice.

Most of the violations existed in the farming and pastoral sectors. There were reports some children were engaged in forced labor, especially in the informal mining sector. Some domestic workers were reported to be working without pay. Women refugees were especially prone to labor violations.

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

The law prohibits the worst forms of child labor. The constitutional declaration provides for the state to protect the rights of children as provided in international and regional conventions ratified by the country. The law defines children as persons younger than 18 and prohibits children younger than 14 from working, except in agricultural work that is not dangerous or harmful to their health. The Ministry of Labor and Social Affairs is responsible for enforcing child labor laws.

The Child Act defines working children as persons between the ages of 14 and 18. The law also prohibits the employment of such persons between 6 p.m. and 8 a.m.

The law allows minors to work for seven hours a day broken by a paid hour of rest. It is illegal to compel minors to work more than four consecutive hours, work overtime, or work during weekly periods of rest or on official holidays. The law prohibits employers from waiving, postponing, or reducing annual leave entitlements for minors. During the year, the government did not effectively enforce such laws. Penalties for violations were not sufficient to deter violations.

Child labor took place, most commonly in the agricultural sector, and also in other elements of the informal sector, including shoe shining, car washing, collecting medical and other resalable waste, street vending, begging, construction, and other menial labor. Children working in the informal sector were vulnerable to chronic illnesses and car accidents.

The International Labor Organization monitored forced child labor in gold mining. UNICEF received unverified reports revealing the dangerous conditions under which children were working in gold mining, including requirements to carry heavy loads and to work at night and within confined spaces and exposure to mercury and high temperatures. There were reports that children as young as 10 were used in artisanal gold mining throughout the country. According to multiple reputable sources, thousands of children worked in artisanal gold mining, particularly in River Nile, Blue Nile, West Darfur, and North Darfur States, resulting in large numbers of students dropping out of school.

There were reports of the use of child soldiers by the SPLM-N, but numbers were difficult to verify (see section 1.g.).

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

Law and regulations prohibit discrimination based on race, sex, gender, disability, tribe, and language, but they were not consistently enforced. There is no legal protection from discrimination based on sexual orientation or gender identity, HIV or other communicable disease status, political opinion, social or national origin, age, or social status. The law does provide protection based on religion or ethnicity. In practice employers determined whether or not they would accommodate religious or ethnic practices. For example, employers adopted Islamic practices, including reduced working hours during the month of Ramadan and paid leave to perform the Hajj pilgrimage. Labor laws apply to migrant workers with legal contracts, but foreign workers who do not have legal status are not provided legal protections from abuse and exploitation.

The Bashir government did not effectively enforce antidiscrimination laws and regulations in the workplace; penalties in the form of fines were rarely imposed and were insufficient to deter violations. Discrimination occurred in employment and occupation based on gender, religion, and ethnic, tribal, or party affiliation. Ethnic minorities reported that government hiring practices discriminated against them in favor of “riverine” Arabs from northern Sudan. Ethiopians, Eritreans, and other refugees or migrants were often exposed to exploitative work conditions.

There were reports some female refugees and migrants working as domestic workers or tea sellers were not compensated for their work, required to pay “kettle taxes” to police, sexually exploited, or trafficked. Female tea sellers also reported harassment and confiscation of their belongings. Observers reported, however, such harassment had stopped under the CLTG, though challenges persisted.

Migrant workers and some ethnic minorities were unaware of their legal rights, suffered from discrimination, and lacked ready access to judicial remedies. The International Organization of Migration (IOM) established migrants’ reception centers in Khartoum in 2015 and Gedaref in March that included workshops on workers’ rights and the hazards of migration. The state government allocated the land and building to the IOM.

The government sets a minimum wage, which is below the poverty line. Although employers generally respected the minimum wage law in the formal sector, wages in the informal sector were often significantly below the official rate. Enforcement by the Ministry of Labor and Social Affairs was minimal. Inspections and enforcement were inadequate in both the formal and informal sectors.

The law limits the workweek to 40 hours (five eight-hour days, not including a 30-minute to one-hour daily break), with days of rest on Friday and Saturday. Overtime should not exceed 12 hours per week or four hours per day. The law provides for paid annual leave after one year of continuous employment and paid holidays after three months.

The laws prescribe occupational safety and health standards. Any industrial company with 30 to 150 employees must have an industrial safety officer. A larger company is required to have an industrial safety committee that includes management and employees. Committees and officers are required to report safety incidents to the Ministry of Labor and Social Affairs. The law requires the owner of an industrial company to inform workers of occupational hazards and provide means for protection against such hazards. Management is also required to take necessary precautions to protect workers against industrial accidents and occupational diseases. The law does not recognize the right of workers to remove themselves from dangerous work situations without loss of employment. Some heavy industry and artisanal mining operations, notably gold extraction, reportedly lacked sufficient safety regulations.

Safety laws do not apply to domestic servants; casual workers; agricultural workers other than those employed in the operation, repair, and maintenance of agricultural machinery; enterprises that process or market agricultural products, such as cotton gins or dairy-product factories; jobs related to the administration of agricultural projects, including office work, accounting, storage, gardening, and livestock husbandry; or to family members of an employee who live with the employee and who are completely or partially dependent on the employee for their living.

Representatives of the Eritrean and Ethiopian communities in Khartoum stated that undocumented migrants in the capital were subjected to abusive work conditions. They also reported many undocumented workers did not report abuse due to fear authorities might deport them to Eritrea because of their illegal status.

The Ministry of Labor and Social Affairs, which maintained field offices in most major cities, is responsible for enforcing these standards. The ministry employed labor inspectors, including specialists on labor relations, labor conflicts, and vocational, health, and recruitment practices. The government did not effectively enforce wage, hour, and occupational safety and health laws, and penalties were not sufficient to deter violations.

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, and prescribes penalties for rape or forcible sexual assault of between 12 and 15 years’ imprisonment and fines up to 100,000 Surinamese dollars (SRD) ($13,300). The government enforced the law effectively, including applying its provisions in cases involving rape of men. Authorities investigated and prosecuted all reported cases of sexual abuse.

Violence against women remained a serious and pervasive problem. The law imposes sentences of four to eight years’ imprisonment for domestic violence. Domestic abuse played a role in two of the 18 homicides committed through September; prosecutions were pending.

The Victim Assistance Bureau of the Ministry of Justice and Police provided resources for victims of domestic violence and continued to raise awareness about domestic violence through public television programs. There were victims’ rooms in police stations in Paramaribo and Nickerie. Authorities trained police units in dealing with survivors and perpetrators of sexual crimes and domestic violence. The Victim Assistance Bureau managed a shelter for female victims of domestic violence and children up to age 12 and served an average of 40 clients per year. The Office for Gender Affairs of the Ministry of Home Affairs launched an awareness campaign in May against domestic violence nationwide.

Sexual Harassment: There is no specific legislation on sexual harassment, but prosecutors cited various penal code articles in filing sexual harassment cases. There were no reported court cases involving sexual harassment in the workplace.

Stalking is a criminal offense, and police may investigate possible cases of stalking without the filing of a formal complaint. Pending investigation, police may issue temporary restraining orders limiting contact between victim and suspect for up to 30 days. If found guilty, offenders can receive prison sentences ranging from four to 12 years and fines from SRD 50,000 to SRD 150,000 ($6,650 to $19,950).

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

Discrimination: The law provides for protection of women’s rights to equal access to education, employment, and property. Nonetheless, women experienced discrimination in access to employment and in rates of pay for the same or substantially similar work as men.

Birth Registration: The law on citizenship and residency provides that citizenship transmits to a child when either the father or mother has Surinamese citizenship at the time of birth, when the parent is Surinamese but has died before birth, or if the child is born in the country’s territory and does not automatically acquire citizenship of another country. Births must be registered with the Civil Registry within one week. Failure to do so within the mandated period results in a more cumbersome process of registration.

Child Abuse: Police registered 49 cases of physical abuse and 147 cases of child sexual abuse as of September. Subject-matter experts believed the actual number of abuse cases was significantly higher than reported. To avoid intimidation by perpetrators, there were arrangements for children to testify in special chambers at legal proceedings. The Youth Affairs Office continued to raise awareness about sexual abuse, drugs, and alcohol through a weekly television program. The government operated a telephone hotline for children and provided confidential advice and aid to children in need. Authorities reported an average of 80 calls per day.

UNICEF continued cooperating with the government to provide training to officials from various ministries dealing with children and children’s rights. The Ministry of Justice and Police operated three child protection centers in different parts of the country.

Early and Forced Marriage: Parental permission to marry is required until the age of 21. The marriage law sets the age of marital consent at 15 for girls and 17 for boys, provided parents of the parties agree to the marriage. Children in certain tribal communities often marry at an age below that set forth by the law.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. Authorities prosecuted all reported violations. While the legal age of sexual consent is 14, trafficking-in-persons legislation makes illegal the sexual exploitation of a person younger than age 18. Criminal law penalizes persons responsible for recruiting children into prostitution and provides penalties of up to six years’ imprisonment and a fine of SRD 100,000 ($13,300) for pimping. The law also prohibits child pornography, which carries a maximum penalty of six years’ imprisonment and maximum fine of SRD 50,000 ($6,650). Violations are punishable by prison terms of up to 12 years.

Lack of economic opportunities led to an increasing number of adolescent boys and girls entering prostitution to support family or to pay for education. One NGO reported commercial sexual exploitation of children as young as 14. While not generally marketed as a destination for child sex tourism, cases were reported of tourists involved in sexual exploitation of children. Cases were also reported of parents forcing their young children into prostitution.

Several cases of sexual exploitation, sexual and physical abuse, and neglect came to trial. Victims included both boys and girls. Sentences range up to 10 years in prison.

Institutionalized Children: A lack of financial support from the Ministry of Social Affairs for orphanages and other shelters for children significantly affected these institutions’ ability to care for children adequately. There were reported cases of verbal, physical, and sexual abuse in some shelter facilities.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of 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 was a declared Jewish community of approximately 95 persons. There were no reports of anti-Semitic acts or discrimination.

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

No laws specifically prohibit discrimination against persons with physical or mental disabilities. Persons with disabilities are eligible to receive general health benefits, but the process can be cumbersome. Persons with disabilities experienced discrimination when applying for jobs and services. Authorities provided some training programs for persons with impaired vision or other disabilities. No laws or programs provide that persons with disabilities have access to buildings. A judge may rule to deny a person with a cognitive disability the right to vote, take part in business transactions, or sign legal agreements. There was secondary and technical education for deaf and hard-of-hearing persons but not for those with visual disabilities. The Ministry of Social Affairs is responsible for protecting the rights of persons with disabilities.

The law affords no special protection for, or recognition of, indigenous peoples. The Inter-American Commission on Human Rights identified the Maroons (descendants of escaped slaves who fled to the interior, approximately 22 percent of the population) as tribal peoples and thus entitled to the same rights as the indigenous Amerindian communities (approximately 4 percent of the population).

Maroons and Amerindians living in the remote and undeveloped interior had limited access to education, employment, and health and social services. Both groups participated in decisions affecting their tradition and culture, but they had limited influence in decisions affecting exploitation of energy, minerals, timber, and other natural resources on their lands. Both Maroons and Amerindians took part in regional governing bodies, as well as in the National Assembly, and were part of the governing coalition.

The government recognizes the different Maroon and indigenous tribes, but they hold no special status under national law, and there was no effective demarcation of their lands. Because authorities did not effectively demarcate or police Amerindian and Maroon lands, these populations continued to face problems with illegal and uncontrolled logging and mining. No laws grant indigenous peoples the right to share in the revenues from the exploitation of resources on their traditional lands. Organizations representing Maroon and Amerindian communities complained that small-scale mining operations, mainly by illegal gold miners, dug trenches that cut residents off from their agricultural land and threatened to drive them away from their traditional settlements. Many of these miners were themselves tribal or supported by tribal groups. Mercury runoff from these operations as well as riverbank erosion also contaminated sources of drinking water and threatened traditional food sources, especially freshwater fish.

Maroon and Amerindian groups complained about the government granting land within their traditional territories to third parties, who sometimes prevented the villages from engaging in their traditional activities on those lands.

The government missed the January deadline for implementation of the 2015 ruling against it in the case of the Kalina and Lokono Peoples vs. Suriname by the Inter-American Court of Human Rights. The court declared the state responsible for violating the rights to recognition of juridical personality, to collective property, to political rights, and to cultural identity, and reminded the state of its duty to adopt appropriate domestic legal provisions. The court ordered the government to recognize the Kalina and Lokono collective juridical personality legally; delimit, demarcate, and title the territory to the peoples; establish a community development fund; and rehabilitate areas affected by third-party mining. The court also ordered similar legislative changes to be made for recognizing the rights of all indigenous and tribal peoples and to have this effective legal recognition and protection within three years. As of October the government had not taken action to carry out the court’s orders.

Other cases in which the government consistently failed to implement the rulings against it by the Inter-American Court of Human Rights included the 2005 ruling in the case of the Moiwana Community vs. Suriname and the 2007 ruling in the case of the Saramaka People vs. Suriname. The Inter-American Court of Human Rights ruled in both cases that the rights of these Maroon populations to property and judicial protection were violated. In addition to monetary compensation and other provisions, the rulings also called for the recognition of the rights of these groups to their lands. In the Moiwana case, the government was also ordered to investigate, prosecute, and punish those responsible for the 1986 massacre that took the lives of 40 men, women, and children.

In December 2018 the Multi-Step Plan for the Legal Recognition of the Land Rights of the Indigenous and Tribal Peoples in Suriname launched officially. This project includes the drafting of legislation on land rights, the demarcation of indigenous and tribal lands, and a national awareness campaign.

The constitution prohibits many forms of discrimination but does not address sexual orientation or gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals could associate freely and advocated within society under the same laws that pertain to the assembly and association of other groups. The law prohibits discrimination and hate speech based on sexual orientation, specifically protecting the LGBTI community. Violations are punishable by a fine or prison sentence of up to one year. The law does not set standards for determining what constitutes such discrimination or hate speech. The law is in effect but has not been used in any case.

The LGBT Platform, a collective of NGOs, reported improvements in acceptance of the LGBTI community by society. Despite legal protections, the government itself discriminated against same-sex couples. Since 2014 legislation on retirement benefits specifically excludes same-sex couples from benefits granted to heterosexual couples. Among the LGBTI community, the transgender community faced the most stigmatization and discrimination. Transgender women arrested or detained by police were placed in detention facilities for men, where they faced harassment and other violence from other detainees.

There were few official reports of violence against LGBTI persons, primarily due to fear of retribution against the alleged victims, and because authorities reportedly did not take seriously complaints filed by members of the LGBTI community. There were reports of societal discrimination against the LGBTI community in areas of employment and housing.

An appeals case involving the Civil Registration Office concerning the ability of transgender individuals to update legal documents to reflect their gender identity in the public registry continued.

Persons with HIV/AIDS continued to experience discrimination in employment, housing, and medical services. Medical treatment is free for HIV/AIDS patients covered under government insurance, but private insurers did not cover such treatment. NGOs reported discriminatory testing, and subsequent denial, when applying for housing assistance from the Ministry of Social Affairs.

Chinese shop owners continued to be targets of violent armed robberies. Violence in the goldmining areas of the interior occurred primarily among and within the Brazilian community, where the government exercised little authority.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions of their choice without previous authorization or excessive requirements, the right to bargain collectively, and the right to strike. The law prohibits antiunion discrimination, requires that workers terminated for union activity be reinstated, and prohibits employer interference in union activities. Labor laws do not cover undocumented foreign workers.

The government is effectively responsible for enforcing laws related to freedom of association and the right to collective bargaining. Penalties for violations of these rights were generally sufficient to deter violations.

Workers formed and joined unions freely and exercised their right to strike.

The majority of trade unions have some affiliation with a political party. Some trade union leaders held high-level positions in the coalition government, while another trade union was associated with an opposition party.

In isolated cases private employers refused to bargain or recognize collective bargaining rights, but the unions usually pressured the employers to negotiate. There were some reports companies exploited legislative gaps and hired more contract employees than direct-hire staff to perform core business functions to cut costs.

The government passed several laws to protect employees from various forms of discrimination and set restrictions on the ability to fire employees. The government itself (the largest employer in the country) was not bound by these laws, however, since it deemed labor laws applicable only to private employees, not civil servants.

The law prohibits all forms of forced or compulsory labor. Administrative penalties for violations include imprisonment and fines insufficient to deter violations. The government investigated and, if necessary, prosecuted all reported cases of forced labor. The Ministry of Labor had 50 labor inspectors, of whom 11 were junior inspectors. Labor inspectors received training on detecting forced labor. During the year the Labor Inspectorate reported it investigated two alleged forced labor cases. Labor inspectors trained to identify trafficking victims were legally authorized to conduct inspections outside formal workplaces but lacked the manpower and capacity to do so.

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

The law prohibits the worst forms of child labor. In 2018 legislation was enacted that sets the new minimum age for employment at 16 and raises the minimum age for working on fishing vessels to 18. The new law also specifies the circumstances under which children younger than 16 can still perform certain types of labor. Under the new law, children between the ages of 13 and 15 are allowed to assist in nonindustrial work of a light nature under specific circumstances. The law further specifies the responsibilities of employers and parents in employment of young persons. Special exemption is needed for children ages 13 and 14 to do any type of work. The law prohibits children younger than 18 from doing hazardous work, defined as work dangerous to life, health, and decency. The new law also sets forth the penalties and fines employers and parents can face when violating the law. While such penalties generally were sufficient to deter violations, authorities rarely enforced them, typically responding only when a report was filed with the Youth Police.

The Ministry of Labor’s Department of Labor Inspection did not identify any cases of child labor in the formal business sector during the year. While the Labor Inspectorate is authorized to enforce the law in the informal sector, it usually lacked the resources and manpower to do so, particularly in mining and agricultural areas, fisheries, and the country’s interior. Enforcement in the informal sector was mostly left to police, which did so sporadically (see also section 6, Children).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at 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 .

The law prohibits discrimination with respect to employment based on birth, sex, race, language, religious origin, education, political beliefs, economic position, or any other status. The penal code prohibits discrimination based on sexual orientation. Enforcement of the law was selective, as there was reported discrimination in employment with regard to disability, gender, sexual orientation, gender identity, and HIV/AIDS status. Women’s pay lagged behind men’s pay. Persons with disabilities faced discrimination in access to the workplace, and LGBTI persons faced discrimination in hiring.

After passing legislation in 2018 that protects pregnant women from being fired, in June the government passed the Law on Labor Protection of the Family that not only formalizes maternity leave for women but also paternity leave and special leave for fathers or other family members in case a mother is unable to take care of a child after birth. As other labor laws, this law, too, is not applicable to government employees. The law entered into force on September 18.

The law provides for a national minimum wage. The minimum wage was below the World Bank poverty income level. In the private sector, most unions were able to negotiate wage increases. In July the National Assembly approved a new minimum wage law, which is to replace the 2014 law. Under the new law, a yet-to-be-established National Wage Council will be responsible for developing a formula on which the new annual minimum wage is to be based. The new annual minimum wage was not expected until 2021.

Approximately 41,000 of the estimated 133,000 total formal workforce were employed by the government. Government employees frequently supplemented their salaries with second or third jobs, often in the informal sector.

Laws were effectively enforced only in the formal sectors. Inspectors in the Occupational Health and Safety Division of the Ministry of Labor are responsible for enforcing occupational safety and health regulations, but they did not make regular occupational safety and health inspections. The Department of Labor Inspection is responsible for enforcing labor laws. Penalties for violating the labor laws vary from fines to suspension of business licenses, depending on the severity of the case, and were sufficient to deter the worst violations.

An estimated 15 percent of the working-age population worked in the informal economy, where there was limited enforcement of labor laws. Workers in the informal sector, particularly in small-scale mining, often were exposed to dangerous conditions and hazardous substances, such as mercury.

Limited data were available on workplace accidents. The International Labor Organization, however, noted an increasing number of serious or fatal occupational accidents, as well as steps by labor inspectors to begin occupational safety and health training in mines, construction, and public service. The majority of fatal occupational accidents took place in the mining sector.

Workers in the formal sector may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation. Workers in the informal sector did not enjoy the same protection.

Rape and Domestic Violence: Rape, including spousal rape and domestic violence, is illegal, and the government enforced the law effectively. Penalties range from two to 10 years in prison.

The Swedish National Council for Crime Prevention reported 7,958 cases of rape in 2018, an increase of approximately 8 percent compared with the previous year. Women and girls were victims in more than 93 percent of the cases. In approximately 17 percent of the cases, the abuser was convicted. Domestic violence remained a problem, and 11,522 cases were reported during 2018.

The law provides for the protection of survivors from contact with their abusers. When necessary, authorities helped survivors to protect their identities or to obtain new identities and homes. Both national and local governments helped fund volunteer groups that provided shelter and other assistance for abused women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. It is also illegal to perform FGM/C on a Swedish citizen abroad. The government developed a national action plan to prevent FGM/C and work with victims. In 2018 the National Board of Health and Welfare estimated approximately 40,000 victims of FGM/C were living in Sweden. In 2018, 38 cases of genital mutilation were reported to the police; all FGM/C had taken place abroad. The national clinic specializing in victims of FGM/C reported an 80 percent increase in visitors over the past two years.

Other Harmful Traditional Practices: Honor-related violence often involved immigrants from the Middle East or South Asia. The national support line for honor-related crime victims reported a significant increase of callers from approximately 20 per month in 2014 to 80 in 2018. Between January and September, the support line reported 44 cases of children being sent abroad for forced marriage. In August the Skane Court of Appeals sentenced a woman to six months in prison for unlawfully threatening to kill her 22-year-old son’s 19-year-old girlfriend unless she had an abortion, since the pregnancy was contrary to the older woman’s religion and culture.

Sexual Harassment: The law prohibits sexual harassment and provides for criminal penalties from a fine to up to two years in prison. The government generally enforced this law.

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

Discrimination: Women have the same legal status and rights as men, including under family, religious, personal status, labor, property, nationality, and inheritance law. Women were underrepresented in high-ranking positions in both the public and the private sectors.

Gender-based discrimination with respect to access to credit, owning or managing a business, and access to education and housing is prohibited and was not commonly reported. The government enforced the laws effectively.

Birth Registration: Citizenship is derived from one’s parents. The tax authority immediately registered in the national population register all children born in the country, regardless of their parents’ citizenship or immigration or residency status in the country.

Child Abuse: The law prohibits parents or other caretakers from abusing children mentally or physically. Penalties for such range from a fine up to 10 years in prison. Cases of child abuse were reported. Authorities may remove abused children from their homes and place them in foster care. The children’s ombudsman published a number of reports and publications for children and those working to protect children from abuse.

Early and Forced Marriage: The minimum age of marriage is 18, and it is illegal for anyone under 18 to marry. The government will legally recognize as valid the marriage of anyone who comes to the country after the age of 18, even if they were married abroad before the age of 18. The government does not recognize a foreign child marriage if either of the parties was a Swedish citizen or resident in Sweden at the time of marriage.

Sexual Exploitation of Children: The law criminalizes “contact with children under 15 for sexual purposes,” including internet contact intended to lead to sexual assault. Penalties range from fines to one year in prison. The law prohibits the sale of children; penalties range from two to 10 years in prison. It also bans child pornography with penalties ranging from fines to six years in prison. Authorities enforced the law. The minimum age for consensual sex is 15.

Displaced Children: Stockholm police reported underage children, mainly from Morocco, Algeria, and other countries in North Africa, lived on the streets. Many of these children had sought asylum in the country but did not qualify and were at risk of removal. Social Services offered accommodation for children or foster families regardless of asylum status.

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.

Leaders of the Jewish community estimated there were 20,000 Jews in the country and approximately 6,000 registered members of Jewish congregations. The National Council for Crime Prevention (NCCP) registered 280 anti-Semitic crimes in 2018, compared with 182 in 2016. Anti-Semitic crimes included threats, verbal abuse, vandalism, graffiti, harassment in schools, and Holocaust denial. Anti-Semitic incidents were often associated with neo-Nazi movements and events in the Middle East and the actions of the Israeli government. Swedish Jews were often blamed for Israeli policies.

The most common forms of anti-Semitism were hate speech (45 percent of complaints), unlawful threats or harassment (34 percent), vandalism or graffiti (8 percent), and defamation (8 percent). Of the 182 investigations opened in 2016, 52 percent were dismissed, and 37 percent were directly dismissed without a formal investigation due to lack of evidence. Formal charges were brought in only 9 percent of the cases.

Police, politicians, media, and Jewish groups have stated that anti-Semitism has been especially prevalent in Malmo. The Simon Wiesenthal Center left in place its travel warning, first issued in 2010, regarding travel in southern Sweden, because Jews in Malmo could be “subject to anti-Semitic taunts and harassment.”

In February the Supreme Court overruled the appellate court’s decision not to expel a Palestinian man with “special refugee status” sentenced to two years in prison for attempting to firebomb the synagogue in Gothenburg in 2017. The man will serve his sentence and then be expelled. He is prohibited from returning to Sweden before 2028.

At a demonstration in Malmo on May 1 arranged by the Social Democratic Youth Association (SSU) demonstrators sang, “long life Palestine–destroy Zionism.” The demonstrators were reported for hate speech to police, who initiated an investigation. The SSU stated it understood the criticism and that it would stop singing the song.

On July 2, the Nordic Resistance Movement (NMR), a neo-Nazi group, held a meeting with a few participants in Visby during the annual Almedalen conference of the country’s political leaders. Later that day NMR members shouted denials of the Holocaust and attempted to block entrance into an exhibition featuring photographs of seven Holocaust survivors, which had been arranged by the Fotografiska Museum in central Visby. Police dispersed the NMR and initiated an investigation into hate speech.

In August an imam was convicted of hate speech following a demonstration in central Helsingborg in 2017. The imam received a conditional sentence and fines. During a speech, given in Arabic, he called Jews “the progeny of monkeys and pigs.”

A Jewish neurosurgeon at New Karolinska Hospital (NKS) reported continuing anti-Semitic harassment stemming from his 2017 report that the hospital’s chief of neurosurgery subjected him and two other Jewish colleagues to anti-Semitic harassment and discrimination. An internal investigation reportedly concluded no harassment had taken place. Following widespread media condemnation, the NKS demoted the accused surgeon in June for “violating the hospital’s core values” but without acknowledging anti-Semitism. The equality ombudsman undertook three inquiries into the hospital’s actions concerning the Jewish doctor’s claims. On October 7, the daily Svenska Dagbladet reported the Simon Wiesenthal Center criticized the Karolinska Institute (KI), an associated medical university that awards the Nobel Prize for Medicine but is not legally part of NKS, for failing to introduce zero tolerance against anti-Semitism and other forms of racism. Mikael Odenberg, chairman of the KI board of directors, called the criticism “expected, but unfounded.”

A report published in December 2018 by the EU Agency for Fundamental Rights found that more than 80 percent of Jewish-Swedes subjected to anti-Semitic harassment chose not to report the incident to the police because they believed nothing would be done about it. Approximately one-third of the more than 1,000 respondents said they avoided carrying Jewish symbols and were thinking about moving from the country for security reasons.

A web survey published in June by the polling institute Inizio found that more than half of the 1,001 respondents it interviewed believed anti-Semitism had increased over the previous five years. More than one-third experienced anti-Semitism in their everyday lives one or more times. More than two-thirds of the respondents were worried about anti-Semitism. The survey also showed that more than half of the country’s population indicated they knew about the Holocaust rather well. Only a small minority believed it was not important to remember the Holocaust.

For 2018 and 2019, the government allocated 22 million kronor ($2.3 million) for grants to increase security for threatened places of worship and other parts of civil society. All religious communities and civil society actors who believe they have been threatened may apply for the grant.

The Swedish Civil Contingencies Agency continued to cooperate with religious communities on a national level to promote dialogue and prevent conflicts leading to anti-Semitic incidents. It continued to train police officers to detect hate crimes and visited high schools to raise awareness of such crimes and encourage more victims to report abuses. The government made information available in several languages for victims of hate crimes and provided interpreters to facilitate reporting. Police hate-crime officers operated throughout the country.

The Living History Forum is a public authority commissioned to address societal problems related to religious and ethnic tolerance, democracy, and human rights using the Holocaust and other crimes against humanity as its starting point. The Forum sensitized the public, and particularly the young, to the need to respect the equal value of all persons, with a specific focus on teaching about the Holocaust as a means of fighting Holocaust denial and anti-Semitism.

The Media Council, a government agency whose primary task is to train minors to be conscious media users and to protect them from harmful media influences, initiated a No Hate Speech Movement campaign and worked to stop anti-Semitic conspiracy theories. The government allocated five million kronor ($529,000) annually from 2018 to 2020 to strengthen opportunities for study visits to Holocaust memorial sites and allow more students and teachers to visit them.

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. The government effectively enforced these provisions and held accountable those responsible for violations.

Government regulations require new buildings and public facilities to be fully accessible. Observers reported cases of insufficient access to privately owned buildings used by the public, such as apartments, restaurants, and bars. Some means of public transportation remained inaccessible.

Societal discrimination and violence against immigrants and Roma continued to be problems.

Police registered reports of xenophobic crimes, some of which were linked to neo-Nazi or white supremacy ideology. Police investigated and the district attorney’s office prosecuted race-related crimes. The Security Service estimated the total membership of violent extreme right-wing groups at 500 persons, strengthened by several hundred additional supporters who attend rallies. Neo-Nazi groups operated legally (see section 2.a.). The NMR was the largest white supremacy group with approximately 160 active members. The NMR registered as a political party and participated in the parliamentary and local elections in September 2018. It did not win any seats. During the year the NMR split. Eight neo-Nazis from the top leadership formed a new group called Nordisk Styrka (Nordic Strength). The new group opposes NMR’s “liberalization” and wants to focus more on “the struggle.” The NGO EXPO was concerned Nordisk Styrka would try to profile themselves on radical forms of violent activism.

The National Coordinator for Vulnerable EU Citizens estimated in February that 4,500-5,000 vulnerable EU citizens, the vast majority of whom were Roma from Romania and Bulgaria, resided in the country in abject poverty at any given time. As EU citizens, they are allowed to stay in the country without permission for up to three months, but authorities did not enforce this limit. Police stated that most Roma were in the country voluntarily but that there were cases of trafficking and forced begging. In December 2018 the Supreme Administrative Court determined that municipal bans on begging were compatible with the law. Since then, 11 municipalities issued begging bans. In some cases the municipality requires an official permit for persons looking to collect funds on city grounds.

Several districts in the country where a majority of the population was of immigrant origin or parentage suffered social segregation from the rest of the country. The result was lower levels of education, higher levels of unemployment, and separation from the country’s mainstream culture mainly due to poor Swedish-language skills.

In January amendments to the Act on National Minorities and Minority Languages came into force that strengthen the basic protection of the languages and culture of the national minorities. Among other things, the amendments require municipalities and county councils to adopt goals and guidelines for their minority policy work and provide members of national minorities the right to preschool and other educational activities and to elder care in their native languages.

The approximately 20,000 Sami in the country are full citizens with the right to vote in elections and participate in the government, including as members of the country’s parliament. They are not, however, represented as a group in parliament. A 31-member elected administrative authority called the Sami parliament (Sametinget) also represented Sami. The Sami parliament acts as an advisory body to the government and has limited decision-making powers in matters related to preserving the Sami culture, language, and schooling. The national parliament and government regulations govern the Sami parliament’s operations.

Longstanding tensions between the Sami and the government over land and natural resources persisted, as did tensions between the Sami and private landowners over reindeer grazing rights. Certain Sami have grazing and fishing rights, depending on their tribal history.

In August the Historical Museum in Stockholm repatriated the remains of 25 Sami individuals to their original resting place in an old cemetery in Lycksele. The remains were excavated in an archaeological study in the 1950s. In addition to a ceremony, both the Lycksele municipality and the Swedish Church carried out educational efforts as part of a reconciliation process.

On September 3, the Supreme Court opened the hearings in the case of Girja’s Sami village versus the state, a legal process started 10 years ago. The conflict centers around who holds the right to hunting and fishing in the Sami village area, the Sami village, or the state.

Antidiscrimination laws exist; apply to lesbian, gay, bisexual, transgender, and intersex individuals; and were enforced.

In 2018 the NCCP identified 7,090 police reports with a hate crime motive, a majority with xenophobic motives.

In May the Staffanstorp municipal council voted to forbid veils, burqas and niqab among staff and students in preschools and schools up to grade six. The decision was appealed to the Administrative Court as a violation of religious freedom.

Police in Stockholm, Gothenburg, and Malmo have democracy and anti-hate crime groups. A National Center for Preventing Violent Extremism under the auspices of the NCCP serves as a clearinghouse for information, best practices, and support of municipalities, agencies, and other actors.

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 effectively enforced the law and penalties were sufficient to deter violations. The law prohibits antiunion discrimination and provides for protection of workers from being fired because of union activity. If a court finds a dismissal to be unlawful, the employee has the right to reinstatement.

Foreign companies may be exempt from collective bargaining, provided they meet minimum working conditions and levels of pay. Public-sector employees enjoy the right to strike, subject to limitations in the collective agreements protecting the public’s immediate health and security. The government mediation service may also intervene to postpone a strike for up to 14 days for mediation. The International Trade Union Confederation (ITUC) claimed the law restricts the rights of the country’s trade unions to take industrial action on behalf of foreign workers in foreign companies operating in the country. The law allows unions to conduct their activities largely without interference. The government effectively enforced applicable laws. The Labor Court settles any dispute that affects the relationship between employers and employees. An employer organization, an employee organization, or an employer who has entered into a collective agreement on an individual basis may lodge claims. The Labor Court may impose prison sentences sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

Workers and employers exercised all legal collective bargaining rights, which the government protected. The government and employers respected freedom of association and the right to collective bargaining. There were few reports of antiunion discrimination. ITUC quoted the Swedish Confederation for Professional Employees that employee representatives and occupational safety and health (OSH) representatives were most affected by antiunion discrimination.

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced the law. Penalties of imprisonment were generally sufficient to deter violations. Forced labor involving trafficked men and women occurred in agriculture (including involving companies providing foreign labor for berry picking), construction, hospitality, domestic work, forced begging, and theft, and there were reports of forced begging involving trafficked children (see section 7.c.). In some cases employers or contractors providing labor seized the passports of workers and withheld their pay. Resources and inspections were adequate.

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

The law prohibits the worst forms of child labor. It permits full-time employment from the age of 16 under the supervision of local authorities. Employees younger than age 18 may work only during the daytime and under supervision. Children as young as 13 may work part time or perform light work with parental permission. The law limits the types of work children may or may not engage in. For instance, a child may not work with dangerous machinery or chemicals. A child may also not work alone or be responsible for handling cash transactions. The law considers illegal employment of a child in the labor market a civil rather than a criminal violation. According to the law, forcing a child to work may be treated as coercion, deprivation of liberty, or child abuse, and it carries a wide range of penalties, including fines and imprisonment. The government effectively implemented these laws and regulations. Penalties were sufficient to deter violations.

According to the National Method Support against Prostitution and Trafficking, an umbrella organization under the auspices of the Equality Agency, 19 girls and 38 boys from outside the country were subjected to trafficking in 2018. This was a decrease compared with previous years. The boys were mainly subjected to forced begging and forced petty theft. The girls were mainly subjected to sexual exploitation, forced begging, and child marriage. Police and social services reportedly acted promptly when case were reported. The most common country of origin for trafficked children was Morocco.

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced applicable law, and penalties were sufficient to deter violations. The law requires equal pay for equal work. Discrimination in employment or occupation occurred. The equality ombudsman investigated complaints of gender discrimination in the labor market. In 2018 the ombudsman received 807 complaints of discrimination in the labor market, of which 170 were related to gender. Workers with disabilities faced workplace access discrimination. Of the complaints of ethnic discrimination, 254 involved the labor market. Complaints may also be filed with the courts or with the employer. Labor unions generally mediated in cases filed with the employer.

In November 2018 the Center for Multidisciplinary Research on Racism at Uppsala University reported on discrimination against Afro-Swedes in the labor market. Afro-Swedes with a three-year post-secondary education have significantly lower salaries than the rest of the population with the same level of education. Afro-Swedes born in Sweden had an income level 50 percent below the average.

There is no national minimum wage law. Annual collective bargaining agreements set wages within industries, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

OSH standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker.

The Swedish Work Environment Authority, a government agency, effectively enforced these standards. During the year the government conducted more than 400 unannounced visits to check on work permits, taxes, and working environment regulations, in the process uncovering widespread violations. In 2018 the authority conducted approximately 27,000 labor dialogue visits of which 19,000 were labor inspections. The number of inspectors was sufficient to enforce the law. The government’s increase of the authority’s budget resulted in an increase in inspections. The Swedish Work Environment Authority reported 50 industrial accidents that caused death of workers in 2018.

The Swedish Work Environment Authority issued occupational health and safety regulations, and trained union stewards and safety ombudsmen whom government inspectors monitored. Safety ombudsmen have the authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Penalties were sufficient to deter violations.

Many foreign seasonal workers, including berry pickers from Asia and Bulgaria, faced harsh working conditions, including the seizure of passports, withholding of pay, and poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their workhours. A foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation.

Rape and Domestic Violence: Rape of women, including spousal rape, and domestic violence, are statutory offenses for which penalties range from one to 10 years in prison. The government effectively enforced the law and prosecuted individuals accused of such crimes. The rape of a man is considered “sexual assault.” As with the rape of women, the courts may hand down maximum prison sentences of up to 10 years against those convicted of sexual abuse of men, but a minimum sentence of 12 months is only applicable in cases of rape against women.

NGOs such as Geneva-based Association for Assistance of Intimate Partner Violence, Terre des Femmes, Amnesty International Switzerland, and the Umbrella Organization for Swiss Women’s Shelters noted that violence against women remained a serious problem. Domestic violence against migrant women was four times higher than against nonmigrant women. The law penalizes domestic violence and stalking. A court may order an abusive spouse to leave the family home temporarily.

Specialized government agencies, numerous NGOs, including 19 women’s shelters, and nearly a dozen private or government-sponsored hotlines provided help, counseling, and legal assistance to survivors of domestic violence. Most cantonal police forces included specially trained domestic violence units. According to a study by the Conference of Cantonal Directors of Social Affairs, shelters rejected almost one-half of all shelter applicants because of a lack of space and resources. According to a report by Swiss Radio and Television, the Zurich cantonal police on average responded to domestic violence 12 times a day, while on average every two weeks a woman or girl was killed by domestic violence.

In May a study by the research institute Swiss Society of Practical Social Research gfs.Bern commissioned by Amnesty International Switzerland found that 12 percent of women had been forced into nonconsensual sexual intercourse, while 59 percent experienced sexual harassment in the form of unwanted physical contact.

In October the Federal Office for Justice revised the Victim Assistance Law to raise state compensations for victims of severe sexual violence, including rape and prolonged child sex abuse, up to 70,000 Swiss francs/U.S. dollars. The revision also introduced for the first time compensations of up to 40,000 Swiss francs/U.S. dollars for violence victims suffering from severe psychological trauma.

On November 25, the NGO Feminist Peace Organization launched a 16-day campaign supported by several cantonal governments on violence against older women. More than 100 organizations participated, and they sponsored more than 100 public awareness events across the country.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal and punishable by up to 10 years’ imprisonment. While FGM/C was not a practice in the country, approximately 14,700 women and girls, primarily from Somalia, Eritrea, Ethiopia, Sudan, and Egypt, were affected by, or at risk of, FGM/C. The first-ever criminal sentence under the anti-FGM/C law was handed down in 2018. In February the Federal Court rejected an appeal by a Neuchatel-based Somali woman whom the cantonal court of Neuchatel sentenced to an eight-month suspended prison sentence in July 2018 for ordering the full or partial removal of her six- and seven-year-old daughters’ genitalia while in Somalia and Ethiopia between 2013 and 2015.

Sexual Harassment: The law prohibits sexual harassment of men and women and facilitates legal remedies for those claiming discrimination or harassment in the workplace. Special legal protection against the dismissal of a claimant expires after six months. Employers failing to take reasonable measures to prevent sexual harassment are liable for damages up to the equivalent of six months’ salary.

The cantonal police of Bern, the Zurich city police, and the city government of Lausanne conducted public information campaigns against sexual harassment during the year. Lausanne city officials maintained an online platform for victims to record instances of sexual harassment and provided extra training to police officers and teachers on the matter.

In May a study published by the gfs.Bern research institute and commissioned by Amnesty International Switzerland found that 56 percent of women experienced sexual harassment on the street and 46 percent on public transport. Some 60 percent of respondents between the ages of 16 and 39 years reported they also faced sexual harassment on social media.

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

Discrimination: The constitution and the law provide for the same legal status and rights for women as for men under family, religious, personal status, labor, property, nationality, and inheritance laws. Authorities generally enforced the law effectively but did not sufficiently address employment discrimination and pay disparities affecting women.

The World Economic Forum’s 2018 Global Gender Gap Report noted that women faced unequal career opportunities, with only 34 percent of women occupying leadership positions in the labor market. A study published by the Federal Statistics Office in January found that women in the private sector earned almost 20 percent less than their male counterparts in 2016, the most recent year for which data was available. According to the study, almost 43 percent of the wage difference could not be attributed to factors such as age or seniority. Women in political leadership roles, however, increased during the year. Following the federal parliamentary elections in October and runoff elections in November, women made up 43 percent of representatives in parliament’s lower house and 26 percent in parliament’s upper house (see section 7.d.).

Birth Registration: Citizenship derives from one’s parents; either parent may convey citizenship. Authorities registered births immediately.

Child Abuse: The law prohibits parents from using corporal punishment to discipline their children, and the constitution states that all children have the right to special protection of their integrity. The law provides penalties for child abuse of up to three years in prison. New guidelines for protecting children came into effect on January 1. The guidelines obligate anyone in regular contact with a child, including doctors, lawyers, and psychologists, to notify authorities of suspected abuse, despite their professional confidentiality. Studies found that child abuse was a significant problem. A June 2018 study by the UBS Optimus Foundation found that up to 50,000 children were registered with child protection authorities each year due to child abuse. The Swiss Society of Pediatrics (SSP) registered 1,502 cases of child abuse in 2018, 230 fewer cases than in 2017. The most common form of child abuse was physical abuse, totaling 435 cases, followed by approximately 405 cases of neglect. According to the SSP, three children died from physical abuse, while one third of all children affected by abuse were younger than four years.

Early and Forced Marriage: The legal minimum age of marriage is 18 years. The law prohibits forced marriage and provides penalties of up to five years in prison for violations. The federal government announced in January 2018 it would financially support the NGO Organization against Forced Marriage in its prevention activities over the next four years, including maintaining a website where at-risk individuals could declare their unwillingness to be married while on foreign travel. The website enabled authorities either to stop vulnerable individuals from leaving the country or to pronounce the marriages as invalid upon their return.

In 2018 the Organization against Forced Marriage assisted in 119 cases of child marriages, its highest number ever. The NGO stated up to 11 persons affected by early or forced marriage contact the organization every week, with every third person being a minor. According to the NGO, most victims are Iraqi and Syrian Kurds or come from Turkey, Afghanistan, and Somalia.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Authorities enforced the law. The production, possession, distribution, or downloading of internet pornography that involves children is illegal and punishable by fines or a maximum sentence of one year in prison. With few exceptions, the law designates 16 as the minimum age for consensual sex. The maximum penalty for statutory rape is imprisonment for 10 years. The mandate of the federal police Cybercrime Coordination Unit included preventing and prosecuting crimes involving the sexual exploitation of children online. According to SSP statistics, nearly 300 children were sexually abused in 2018.

The law prohibits prostitution of persons under the age of 18 and punishes pimps of children subjected to trafficking in commercial sex with prison sentences of up to 10 years. It provides for sentences of up to three years in prison for persons engaging in commercial sex with children.

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 Swiss Federation of Jewish Communities (SIG/FSCI), approximately 18,000 Jewish individuals resided in the country.

The 2018 Anti-Semitism Report, produced jointly by the SIG/FSCI and the Foundation against Racism and Anti-Semitism (GRE), cited 577 anti-Semitic incidents, including 535 cases of anti-Semitic online hate speech, in the German-speaking part of the country in 2018. The SIG/FSCI and GRE attributed the increase in recorded anti-Semitic statements and acts to their revised research and reporting methods, which included the documentation of online anti-Semitic hate speech and more proactive and independent research of anti-Semitic incidents. The report documented one incident of assault against Jews involving a man following a group of Orthodox Jewish men and threatening them with a knife and yelling anti-Semitic insults. There were no reports of how security officials handled the incident.

In 2018 the Geneva-based Intercommunity Center for Coordination against Anti-Semitism and Defamation reported 174 anti-Semitic incidents, including approximately 111 cases of online anti-Semitic hate speech, including insults and Holocaust denials on social media sites such as YouTube, in the French-speaking region. The report noted a resurgence of right-wing extremist activities and anti-Semitic incidents. The report also observed a continued rise in anti-Semitic incidents online from right-wing, left-wing, and Islamic groups, 21 percent of which were motivated by the myth of a global Jewish conspiracy controlling the world. The report further mentioned the growing trivialization of the Holocaust under the guise of “childish jokes.”

On November 1, a decree providing 500,000 Swiss francs/U.S. dollars annually in federal grants for the enhanced protection of religious minority institutions, notably of the Jewish and Muslim communities, went into effect. The funds are aimed at cofinancing the communities’ infrastructural, technical, and organizational security measures, including establishing walls, security cameras, alarm systems, and organizing risk identification and threat-awareness trainings. The federal government’s decision to allocate the funds followed a 2017 report by the Ministry of Interior, in which the government described the protection of Jewish institutions as an “issue of national importance.”

In May local media reported on the formation of an allegedly neo-Nazi group called White Resistance comprised of three men and one woman, that spread hate speech, including statements on ethnic cleansing, against Jews and foreigners on social media. The group reportedly also met in April to discuss potential attacks against Jewish and foreign communities. According to the report, the intelligence services continued to monitor the group.

In August anonymous persons painted swastikas several days in a row on the advertising posters of a local bank in Muellheim in the canton of Thurgau.

In July 2018 a German national armed with a knife yelled anti-Semitic statements while following three Jews on their way to a Zurich synagogue. Police arrested the man that evening and released him shortly afterwards.

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, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, or other state services, and the government generally enforced the prohibition. While the government generally enforced these provisions, the umbrella organization for disability NGOs, Inclusion Handicap, stated that the Federal Court maintained a “very narrow interpretation” of discrimination, which required plaintiffs to prove malicious intent in discrimination complaints, resulting in insufficient legal protection for disabled persons.

The Federal Equal Opportunity Office for Persons with Disabilities promoted awareness of the law and respect for the rights of individuals with disabilities through counseling and financial support for projects to facilitate their integration in society and the labor market. In April the canton of Zurich launched a Department for Disability Policy aimed at devising an action plan for implementing the UN Convention on the Rights of Persons with Disabilities.

In January, Inclusion Handicap submitted to the Federal Court a complaint about the inability of persons with disabilities independently to access a new fleet of trains procured by the Swiss Federal Railways, calling on the government to suspend the fleet’s operational license. A test phase had found that the wheelchair ramps were too steep for persons with disabilities to board the trains on their own. The Federal Administrative Court had previously rejected the complaint in November 2018. The case was pending at the Federal Court as of October.

Inclusion Handicap and one of the country’s largest disability organizations, Procap, stated that persons with mental disabilities faced increasing difficulties finding employment. Procap also observed a growing number of persons with disabilities living in poverty, due to disability insurance benefits falling short of allowing such persons to live above the poverty income level. The NCPT stated that some psychiatric clinics did not separate underage patients from adults.

In May 2018 the government published a report on the situation of persons with disabilities, which concluded that they still lacked equal access to the labor market, health-care services, and housing, as well as to recreational and cultural activities. In response to the findings, the government ordered two new staff members to be added to the Federal Equal Opportunity Office for Persons with Disabilities to assist with the implementation of two new programs, one to increase employment opportunities for persons with disabilities, the other to enable a more independent life style by better addressing individual needs of persons with disabilities.

Extremists, including skinheads, who expressed hostility toward foreigners, ethnic and religious minorities, and immigrants, continued to be active based on media and police reports.

In April the Consulting Network for Racism Victims, a partnership between the NGO Humanrights.ch and the Federal Commission against Racism, released its report for 2018, recording 278 cases of discrimination and documenting an increase in racism against dark-skinned individuals and persons of Arab background. Anti-Muslim incidents were the third most-recorded cases of racism, after general xenophobia and racism against persons with dark skins. The report noted most incidents of racial discrimination involved written and verbal insults that occurred primarily in the workplace and at school. The report documented two instances of physical attacks by use of a weapon and arson.

In September the regional court of Emmental-Oberaargau in the canton of Bern fined a man 500 Swiss francs/U.S. dollars and issued him an additional suspended fine of 2,000 Swiss francs/U.S. dollars for distributing a self-recorded video in which he used racial slurs against a Kenyan man washing the man’s car.

According to Romani interest groups, including the Romano Dialogue and the Roma Foundation, discrimination against Roma in the housing and labor markets persisted, with many Roma routinely concealing their identity to prevent professional and private backlash. Romani representatives told local media that perceptions of uncleanliness, criminality, street begging, and lack of education continued to dominate the public’s view of Roma. According to the Society for Threatened Peoples, itinerant Roma, Sinti, and Yenish regularly faced arbitrary stops by police. In January a regional court in the canton of Bern sentenced two leaders of the youth branch of the Swiss People’s Party to separate fines of 3,300 Swiss francs/U.S. dollars and 3,600 Swiss francs/U.S. dollars for violating the antiracism law for posting an illustration on Facebook that depicted a man in traditional Swiss dress holding his nose in front of a pile of rubbish belonging to a caravan community. The image was accompanied by the text, “We say NO to transit sites for foreign gypsies!”

In June 2018 the government rejected an official request submitted by Romani organizations to recognize Roma as a national minority. According to the government, Roma did not sufficiently display determination to “safeguard a common Swiss identity” nor did enough members have Swiss citizenship or longstanding ties to the country. The Society for Threatened Peoples called the decision discriminatory in light of the government’s recognition of Sinti as a national minority in 2016.

The law does not specifically prohibit discrimination in housing, employment, nationality laws, and access to government services on the basis of sexual orientation, gender identity or expression, or sex characteristics. According to media, there were multiple reports of societal violence or discrimination based on opposition to lesbian, gay, bisexual, transgender, and intersex (LGBTI) status.

The umbrella organization for gay men, Pink Cross, stated that violence against LGBTI individuals remained a significant problem and that the organization’s helpline received on average four calls per week regarding violent attacks against LGBTI persons. The organization, however, noted authorities did not specifically prosecute these as hate crimes. While multiple incidents of violence against LGBTI individuals did occur, there was no further evidence of violence as a significant problem. In May several men trashed an awareness-raising stand to mark the International Day against Homophobia, Transphobia, and Biphobia, and in June, three men attacked and physically injured a gay couple following Zurich’s Pride Parade. In September, five men beat up two young men kissing in public in Zurich, leaving them with broken teeth and several facial hematomas. Authorities arrested one perpetrator involved in destroying the awareness stand, while investigations continued in the other two cases.

Pink Cross and the NGO Transgender Network reported that bullying in the work place remained a problem for LGBTI persons and noted there were instances of discrimination against LGBTI individuals in the housing market.

In April an alliance of churches, the conservative Federal Democratic Union Party, the youth branch of the Swiss People’s Party, and the Youth and Family Working Group collected more than 50,000 signatures to hold a future referendum on whether to repeal a 2018 amendment to the antiracism law that criminalized discrimination on the grounds of sexual orientation, including expressions of homophobia. Proponents of the referendum claimed the new law infringes on freedom of expression and makes it difficult for pastors to quote “biblical truths.”

There were occasional reports of discrimination against persons with HIV/AIDS. To combat harassment and unfair behavior, the Swiss AIDS Federation conducted multiple campaigns to sensitize the public to the problem. Most discrimination cases recorded by the federation involved private data violations, insurance discrimination, and discrimination in the provision of health services.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right for all workers, including foreigners, public-sector officials, domestic workers, and agricultural workers, to form and join independent unions of their choice without previous authorization or excessive requirements. The law also provides for the right to bargain collectively and conduct legal strikes, and the government protected these rights. Strikes must be linked to industrial relations, however, and the government may curtail the right of federal public servants to strike for reasons of national security or to safeguard foreign policy interests. Laws prohibit public servants in some cantons and many municipalities from striking. No specific laws prohibit antiunion discrimination or employer interference in trade union activities. The law does not require employers to reinstate an employee whom employers unjustly dismissed for union activity.

No law defines minimum or maximum penalties for violations of the freedoms of association or collective bargaining. Penalties took the form of fines, which were sufficient to deter violations. According to union representatives, the length of administrative and judicial procedures varied from case to case. Collective bargaining agreements committed the social partners to maintain labor peace, thereby limiting the right to strike for the duration of an agreement, which generally lasted several years.

The government respected the freedoms of association and collective bargaining, but employers at times dismissed trade unionists and used the legal system to limit legitimate trade union activities. Trade unions continued to report discriminatory behavior against their members.

The law prohibits all forms of forced and compulsory labor. Penalties for forced labor violations were up to 20 years’ imprisonment and were sufficient to deter violations. Various NGOs commented that fines for labor trafficking were often very low because authorities treated indications of forced labor as relatively minor labor violations. The government conducted several training programs for relevant authorities on labor trafficking aimed at raising awareness and reducing such exploitation. In 2018 the Federal Police organized a day-long labor-trafficking seminar attended by 100 prosecutors, labor inspectors, and cantonal police officers, while the government and International Labor Organization (ILO) held a forced-labor workshop for businesses to improve their identification and risk awareness of labor trafficking in global supply chains. In 2017 the Federal Police published an updated national action plan on countering human trafficking for the period 2017-20 that included increased measures for combating forced labor and labor exploitation, such as an improved checklist to identify potential labor-trafficking victims.

According to antitrafficking NGOs who provided services to victims, incidents of forced labor occurred, primarily in the domestic-service, catering, agriculture, tourism, hospitality, construction, and nursing industries. Forced begging, stealing, and financial scams occurred in several cantons.

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

The law prohibits the worst forms of child labor. The minimum age for full-time employment is 15 years. Children who are 13 or 14 years of age may engage in light work for no more than nine hours per week during the school year and 15 hours at other times. Children younger than 13 may, under special circumstances, work at sports or cultural events with the approval of cantonal authorities. Employment of youths between the ages of 15 and 18 is also restricted. Children who have not completed compulsory education may not work on Sundays, while all children younger than the age of 18 are prohibited from working under hazardous conditions or at night. According to the ILO Committee of Experts on the Application of Conventions and Recommendations, the penal code prohibits the publication of pornography involving children, but the relevant provisions only cover persons who are younger than 16 years of age.

The government effectively enforced laws and policies to protect children from exploitation in the workplace, and penalties were sufficient to deter violations. The Federal Department of Economic Affairs, Education, and Research  monitored the implementation of child labor laws and policies, and cantonal labor inspectors effectively inspected companies to determine whether there were violations of child labor laws. Cantonal inspectors strictly enforced these provisions.

The equality law prohibits discrimination with respect to employment on the basis of sex (including pregnancy). No labor law explicitly prohibits discrimination with respect to employment on the grounds of sex (including pregnancy), race, color, religion, disability, sexual orientation or gender identity, language, political opinion, HIV/AIDS status, age, national origin, or refugee or stateless status. In court cases on employment discrimination based on sex, the equality law prevails.

Violations of the law may result in the award of compensation to a prospective or dismissed employee equal to a maximum of three months’ salary in the public sector and six months’ salary in private industry. The government did not effectively enforce this provision. Penalties were not sufficient to deter violations. The ILO observed that the country lacked easily accessible mechanisms for workers to seek remedy or compensation for discrimination in employment and vocational training.

Discrimination in employment and occupation occurred with respect to national, racial, and ethnic minorities as well as based on sex, sexual orientation, gender identity, disability, HIV/AIDS status, and age. For example, an employer dismissed an HIV-positive person after the employee informed his supervisor of his HIV-positive status.

Discrimination against women in the workplace is illegal, but a disproportionate share of women held jobs with lower levels of responsibility. Employers promoted women less frequently than they did men, and women were less likely to own or manage businesses. According to TravailSuisse, one of the country’s largest trade unions representing more than 150,000 workers, women were severely underrepresented in top-level management positions, particularly in private industry.

On June 19, parliament passed legislation calling for women to occupy at least 30 percent of corporate board positions and 20 percent of corporate management positions in enterprises with a minimum of 250 employees. The nonbinding policy requires businesses that fail to reach the targets to submit a written justification to the government.

The law entitles women and men to equal pay for equal work, but this was not enforced effectively according to TravailSuisse. Based on research by the Federal Statistics Office, there was an 18 percent gender wage gap across both the public and private sectors in 2016, the last year for which data was available. In 2016 the median monthly income for women in the public sector was 7,468 Swiss francs/U.S. dollars, while men earned 8,966 Swiss francs/U.S. dollars. The median monthly income for women in the private sector was 6,266 Swiss francs/U.S. dollars while men earned 7,793 Swiss francs/U.S. dollars. On June 14, several hundred thousand people protested against gender inequality and the gender pay gap in one of the country’s largest-ever demonstrations.

In December 2018 parliament passed a law giving companies with more than 100 employees until 2021 to submit an independent report examining potential wage gaps between men and women. The law requires companies to repeat the assessment every four years until no evidence of an unjustified wage difference is found.

The Federal Office for Gender Equality’s annual budget of approximately four million Swiss francs/U.S. dollars financed projects that promoted equal pay and equal career opportunities. As of July the office had approved 14 projects totaling 1.4 million Swiss francs/U.S. dollars. In 2018 the office financed projects worth approximately 4.4 million Swiss francs/U.S. dollars. The projects were primarily geared towards assisting businesses and counseling offices in eliminating sex-based discrimination.

According to Inclusion Handicap, problems remained in integrating individuals with disabilities, especially those with mental and cognitive handicaps, into the labor market. The NGO noted discrimination against disabled persons was particularly problematic in the private sector. Procap, one of the country’s largest organizations for persons with disabilities, stated that many persons with disabilities lacked adequate support from social insurance after taking a job, making sustained employment difficult (also see section 6, Persons with Disabilities).

The NGOs Pink Cross and Transgender Network noted LGBTI persons experienced workplace discrimination but did not provide specific examples.

According to a July 2018 study by the Bern University of Applied Sciences, only 14 percent of unemployed persons older than age 50 found a stable job after losing their previous employment, with many requiring social assistance after their unemployment benefits expired. The Romani association Romano Dialogue reported Roma were subjected to discrimination in the labor market and that many Roma concealed their identity to prevent professional backlash.

There were reports of labor discrimination against persons with HIV/AIDS. In 2018 the Swiss AIDS Federation registered 122 cases of discrimination against individuals with HIV, the highest number of discrimination cases ever recorded. Approximately 15 of the complaints concerned employment discrimination or other discrimination in the workplace. Examples of workplace discrimination included refusals to renew job contracts and dismissals because of a person’s HIV-positive status.

According to several organizations, including the International Organization for Migration and the Advocacy and Support Organization for Migrant Women and Victims of Trafficking, migrant workers in low-wage jobs were more likely than other workers to face exploitative labor practices and poor working conditions. This was especially true in the construction, hospitality, tourism, domestic-work, health-care, and agricultural sectors.

There was no national minimum wage. Work contracts covering approximately 40 percent of citizen wage earners included minimum wage provisions, although average wages for workers and employees covered by these contracts, particularly in the clothing, hospitality, and retail industries, remained relatively low. A majority of voluntary collective bargaining agreements, reached on a sector-by-sector basis, contained minimum compensation clauses. Authorities effectively enforced these contracts, and penalties were sufficient to deter violations. Minimum wage agreements exceeded the poverty income level for a single person but did not exceed the poverty income level for a family with two adults and two children.

The law sets a maximum 45-hour workweek for blue- and white-collar workers in industry, services, and retail trades, and a 50-hour workweek for all other workers. The rules exclude certain professions, such as taxi drivers and medical doctors.

To protect worker health and safety, the law contains extensive provisions that are current and appropriate for the main industries. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment.

The Federal Department of Economic Affairs, Education, and Research and cantonal labor inspectorates effectively enforced laws relating to hours of work and occupational safety and health across all sectors including the informal economy. In 2018 the cantons inspected 12,376 businesses. The ministry also oversees collective bargaining agreements. The number of labor inspectors was sufficient to enforce compliance.

The courts determined fines according to the personal and economic situation of the perpetrator at the time of sentencing.

Migrant workers in low-wage jobs were more likely to experience exploitative labor practices. During the year several local NGOs and international organizations, including the International Organization for Migration, expressed concern that authorities lacked the necessary resources and expertise to adequately address labor exploitation prevalent in the construction, hospitality, health-care, and domestic-labor sectors.

Immigrants may work and have the same rights as other workers. There are no special provisions or requirements for noncitizen workers apart from having legal immigration status and a valid work permit. The government did not allow individuals without legal status or work permits to work. Individuals who obtained legal status could request a work permit. Asylum seekers usually were not allowed to work during the first three to six months after they had applied for asylum but in exceptional cases could work as self-employed.

In 2017 the Federal Office for Health facilitated the establishment of a fund for assisting asbestos victims who had been diagnosed with cancer caused by workplace conditions dating to 2006. The fund was financed by voluntary industry contributions, including starting capital of six million Swiss francs/U.S. dollars and financial pledges of 24 million Swiss francs/U.S. dollars.

Rape and Domestic Violence: The law criminalizes rape and sexual assault of women, men, and children, but the regime did not enforce the law effectively. Rape is punishable by imprisonment and hard labor for at least 15 years (at least nine years in mitigating circumstances), which is aggravated if the perpetrator is a government official, religious official, or has legitimate or actual authority over the victim. Male rape is punishable by imprisonment for up to three years. The law specifically excludes spousal rape, and it reduces or suspends punishment if the rapist marries the victim. The victim’s family sometimes agreed to this arrangement to avoid the social stigma attached to rape.

The UN Population Fund (UNFPA) and other UN agencies, NGOs, and media outlets characterized rape and sexual violence as endemic, underreported, and uncontrolled in the country (see sections 1.c. and 1.g.). Humanitarian organizations reported that women, men, and community leaders consistently identified sexual violence as a primary reason their families fled the country. The COI reported that rape and sexual violence continued to play a prominent role in the conflict and was used to terrorize and punish women, men, and children perceived as associated with the opposition, as did terrorist groups such as the HTS and ISIS. There were instances, comparatively far fewer, of armed opposition groups reportedly raping women and children. The HTS and ISIS also reportedly forced women and girls into sexual slavery.

The law does not specifically prohibit domestic violence, but it stipulates that men may discipline their female relatives in a form permitted by general custom. According to a May UNFPA report, violence against women and children was pervasive and increasing due to the conflict and the lack of economic opportunity for men. Victims did not report the vast majority of cases. Security forces consistently treated violence against women as a social rather than a criminal matter. Observers reported that when some abused women tried to file a police report, police did not investigate their reports thoroughly, if at all, and that in other cases police officers responded by abusing the women.

In previous years several domestic violence centers operated in Damascus; the Ministry of Social Affairs and Labor licensed them. Local NGOs reported, however, that many centers no longer operated due to the conflict. There were no known government-run services for women outside Damascus. According to local human rights organizations, local coordination committees and other opposition-related groups offered programs specifically for protection of women; NGOs did not integrate these programs throughout the country, and none reported reliable funding.

Other Harmful Traditional Practices: The law permits judges to reduce penalties for murder and assault if the defendant asserts an “honor” defense, which often occurred. The regime kept no official statistics on use of this defense in murder and assault cases and reportedly rarely pursued prosecution of so-called honor crimes. There were no officially reported honor killings during the year, but reporting from previous years indicated that honor killings increased since the onset of the crisis in 2011. NGOs working with refugees reported families killed some rape victims inside the country, including those raped by regime forces, for reasons of honor.

The terrorist groups ISIS and the HTS permitted and committed so-called honor killings in territories under their control (see section 1.g.).

Sexual Harassment: The law prohibits discrimination in employment on the basis of gender but does not explicitly prohibit sexual harassment. The regime did not enforce the law effectively. Sexual harassment was pervasive and uncontrolled. For example, a 2019 UNFPA report cited an adolescent girl from Idlib who was blackmailed and harassed by a stranger who took revealing photos of her in a changing room and threatened to share them with her family.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization by the regime, but the Free Yezidi Foundation reported that ISIS forced some Yezidi women whom they had impregnated to have abortions (see section 1.g.).

Discrimination: Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Criminal, family, religious, personal status, labor, nationality, inheritance, retirement, and social security laws discriminate against women. For example, if a man and a woman separately commit the same criminal act of adultery, then by law the woman’s punishment is double that of the man. The law generally permits women to initiate divorce proceedings against their spouses, but the law does not entitle a divorced woman to alimony in some cases. Under the law a divorced mother loses the right to guardianship and physical custody of her sons when they reach age 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family. Personal status laws applied to Muslims are derived from sharia and are discriminatory toward women. Church law governs personal status issues for Christians, in some cases barring divorce. Some personal status laws mirror sharia regardless of the religion of those involved in the case. While the constitution provides the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. Women cannot pass citizenship to their children. The regime’s interpretation of sharia is the basis of inheritance law for all citizens except Christians. Accordingly, courts usually granted Muslim women half the inheritance share of male heirs. In all communities, male heirs must provide financial support to female relatives who inherit less. If they refuse to provide this support, women have the right to sue.

The law provides women and men equal rights in owning or managing land or other property, but cultural and religious norms impeded women’s property rights, especially in rural areas.

The Commission for Family Affairs, Ministry of Justice, and the Ministry of Social Affairs and Labor shared responsibility for attempting to accord equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered.

Women participated in public life and in most professions, including the armed forces, although UNFPA reported that violence and lawlessness in many regions reduced women’s access to the public sphere. Various sources observed that women constituted a minority of lawyers, university professors, and other professions.

The terrorist groups ISIS and the HTS reportedly placed similar discriminatory restrictions on women and girls in the territories they controlled. For example, the International Center for the Study of Radicalism reported in September that the HTS forced women and girls into marriage, imposed a dress code on women and girls, banned women and girls from wearing makeup, required that women and girls be accompanied by a mahram or male member of their immediate family, forbade women from speaking with unrelated men or hosting men who were not their husband, forbade widows from living alone, banned women’s centers, banned meetings with mixed male and female participation, and segregated classrooms. The HTS maintained all-female police units to support the Hisbah in enforcing these regulations, sometimes violently, among women. Summary punishments for infractions ranged from corporal punishment, such as lashing, to execution.

Birth Registration: Children derive citizenship solely from their father. In large areas of the country where civil registries were not functioning, authorities did not register births. The regime did not register the births of Kurdish noncitizen residents, including stateless Kurds (see section 2.g.). Failure to register resulted in deprivation of services, such as diplomas for high school-level studies, access to universities, access to formal employment, and civil documentation and protection.

Education: The regime provided free public education to citizen children from primary school through university. Education is compulsory for all children between the ages of six and 12. Enrollment, attendance, and completion rates for boys and girls generally were comparable. Noncitizen children could also attend public schools at no cost but required permission from the Ministry of Education. While Palestinians and other noncitizens, including stateless Kurds, could generally send their children to school and universities, stateless Kurds were ineligible to receive a degree documenting their academic achievement.

The conflict and widespread destruction continued to hamper the ability of children to attend school. In October UNICEF reported that 5.3 million children were in need of humanitarian assistance. UNICEF also reported that fighting destroyed or damaged or that combatants occupied one in every three schools. Approximately 1.75 million children were out of school (among more than 2.6 million Syrian children, including refugees and others in the diaspora); another 1.35 million were at risk for leaving school.

ISIS and the HTS reportedly imposed their interpretation of sharia on schools and discriminated against girls in the territories they controlled. The International Crisis Group reported in March that the HTS continued to segregate classrooms by gender, imposed their curriculum on teachers, and closed private schools and educational centers. Additionally, the STJ reported in March that the HTS Salvation Government banned any students who had previously been granted elementary and middle-school diplomas by the regime from pursuing their high school education in any schools controlled by the HTS.

Child Abuse: The law does not specifically prohibit child abuse, but it stipulates that parents may discipline their children in a form permitted by general custom. According to a 2017 UNFPA report, violence against children, especially girls, was pervasive and increasing due to the conflict and the lack of economic opportunity for men.

NGOs reported extensively on reports of regime and proregime forces, as well as the HTS and ISIS, sexually assaulting, torturing, detaining, killing, and otherwise abusing children (see sections 1.a., 1.b., 1.c., and 1.g.). The HTS and ISIS subjected children to extremely harsh punishment, including execution, in the territories they controlled.

Early and Forced Marriage: The legal age for marriage is 18 for men and 17 for women. A boy as young as 15 or a girl as young as 13 may marry if a judge deems both parties willing and “physically mature” and if the fathers or grandfathers of both parties’ consent. Early and forced marriages were common. CARE reported in March that young women were increasingly vulnerable to forced marriage due to the extreme financial hardships placed upon families while the conflict progressed into its eighth year.

Many families reportedly arranged marriages for girls, including at younger ages than typically occurred prior to the start of the conflict, believing it would protect them and ease the financial burden on the family.

There were instances of early and forced marriage of girls to members of regime, proregime, and armed opposition forces.

In previous years ISIS abducted and sexually exploited Yezidi girls in Iraq and transported them to Syria for rape and forced marriage; many of those Yezidi women and girls remained captive during the year (see section 1.g. and section 6, Women). Even after the territorial defeat of ISIS, the Free Yezidi Foundation reported that Yezidi women and children remained with ISIS-affiliated families in detention camps due to the intense trauma from their treatment under ISIS and out of fear. From 2014 onwards, ISIS began to forcibly marry Sunni (also a minority) girls and women living in territories under its control. Some of those forced to marry ISIS members were adults, including widows, but the vast majority of cases the COI documented revealed that girls between the ages of 12 and 16 were victims of forced marriage. Many women and girls reportedly were passed among multiple ISIS fighters, some as many as six or seven times within two years. The HTS also reportedly forced Druze and other minority women and girls into marriage as well as Sunni women and girls.

Sexual Exploitation of Children: The law stipulates penalties for those found guilty of certain forms of child abuse associated with trafficking crimes, including kidnapping and forced prostitution, both of which carry a penalty of up to three years in prison. The law considers child pornography a trafficking crime, but the punishment for child pornography was set at the local level with “appropriate penalties.” It was also unclear if there had been any prosecutions for child pornography or if authorities enforced the law.

The age of sexual consent by law is 15 with no close-in-age exemption. Premarital sex is illegal, but observers reported authorities did not enforce the law. Rape of a child younger than 15 is punishable by not less than 21 years’ imprisonment and hard labor. There were no reports of regime prosecution of child rape cases.

Child Soldiers: Several sources documented the continued unlawful recruitment and use of children in combat (see section 1.g.).

Displaced Children: There was a large population of IDP children and some refugee children as well. These children reportedly experienced increased vulnerability to abuses, including by armed forces (see sections 1.c., 1.g., 2.e., and 2.f.).

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.

In 2016 NGOs estimated that fewer than 20–perhaps fewer than 10–Jews remained in the country. The national school curriculum did not include materials on tolerance education or the Holocaust. There is no designation of religion on passports or national identity cards, except for Jews. Government-controlled radio and television programming continued to disseminate anti-Semitic news articles and cartoons. The regime-controlled Syrian Arab News Agency frequently reported on the “Zionist enemy” and accused the Syrian opposition of serving “the Zionist project.”

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

The Ministry of Social Affairs and Labor is responsible for assisting persons with disabilities, working through dedicated charities and organizations to provide assistance. During an April briefing with the UN Security Council, Syrian activist Nujeen Mustafa explained that persons with disabilities remained among the most vulnerable and neglected of all displaced persons in the country, particularly in areas of active conflict.

The destruction of schools and hospitals, most often by regime and proregime forces, limited access to education and health services for persons with disabilities, but government and nongovernment social care institutes reportedly exist for blindness, deafness, cerebral palsy, and physical and intellectual disabilities. The regime did not effectively work to provide access for persons with disabilities to information, communications, building, or transportation. In its November report, UNFPA detailed how both public and private spaces–including educational institutions, health-care services and religious or cultural buildings–were inaccessible to the elderly and persons with disabilities, leading to further ostracization and deprivation. UNFPA further stated that persons with disabilities were sometimes denied aid, as they could not access it, and some distribution centers required presence in person. UNFPA identified women and adolescent girls with disabilities as being at a dangerously high risk of various forms of violence and exploitation.

According to the COI, on May 13, two men and a child with intellectual disabilities were kidnapped by an armed group when travelling from Afrin to I’zaz. One of those abducted was reportedly found dead a few days later displaying signs of torture, while the kidnappers demanded a ransom of $10,000 for the remaining abductees. The bodies of the second man and child were discovered more than a month later. There was no indication the regime effectively investigated or punished those responsible for violence and abuses against persons with disabilities.

The regime actively restricted national and ethnic minorities from conducting traditional, religious, and cultural activities. The Kurdish population–citizens and noncitizens–faced official and societal discrimination and repression as well as regime-sponsored violence. Regime and proregime forces, as well as ISIS and armed opposition forces such as the Turkish-backed FSA, reportedly arrested, detained, tortured, killed, and otherwise abused numerous Kurdish activists and individuals as well as members of the SDF during the year (see section 1.g.).

The regime continued to limit the use and teaching of the Kurdish language. It also restricted publication in Kurdish of books and other materials, Kurdish cultural expression, and at times the celebration of Kurdish festivals.

The Alawite community, to which Bashar Assad belongs, enjoyed privileged status throughout the regime and dominated the state security apparatus and military leadership. Nevertheless, the regime reportedly also targeted Alawite opposition activists for arbitrary arrest, torture, detention, and killing. Extremist opposition groups targeted Alawite communities on several occasions for their perceived proregime stance.

In March the COI reported that armed opposition groups detained hundreds of women and girls belonging to minority groups, particularly Alawites, and used them as bargaining chips for initiating prisoner swaps with regime and proregime forces.

The terrorist groups ISIS and the HTS violently oppressed and discriminated against all non-Sunni Arab ethnic minorities in the territories they controlled (see section 1.g.).

HRW documented multiple instances of Syrian opposition forces “discriminating on ethnic grounds.” HRW reported that TSOs participating in Turkey’s military offensive into northeast Syria “refused to allow the return of Kurdish families displaced by Turkish military operations and looted and unlawfully appropriated or occupied their property.” HRW reported opposition forces systematically blocked Kurdish IDP returns while permitting some Arab IDP returns.

The law criminalizes consensual same-sex sexual conduct, defined as “carnal relations against the order of nature” and punishable by imprisonment up to three years. In previous years police used this charge to prosecute LGBTI individuals. There were no reports of prosecutions under the law during the year, but NGO reports indicated the regime arrested dozens of LGBTI persons since 2011 on charges such as abusing social values; selling, buying, or consuming illegal drugs; and organizing and promoting “obscene” parties. Local media and NGOs reported instances in which regime and proregime forces used accusations of homosexuality as a pretext to detain, arrest, torture, and kill civilians. The frequency of such instances was difficult to determine, since police rarely reported their rationale for arrests.

Although there were no known domestic NGOs focused on LGBTI matters, there were several online networking communities, including an online LGBTI-oriented magazine. Human rights activists reported there was overt societal discrimination based on sexual orientation and gender identity in all aspects of society.

The terrorist HTS regularly detained, tortured, and killed LGBTI individuals in the territories they controlled (see section 1.g.). For example, in August The Guardian newspaper reported that a Syrian transgender woman was arrested by HTS officers barely 110 yards across the border into Idlib after being deported by Turkish authorities. According to a fellow refugee deported on the same bus, the HTS officers went through her cellular telephone, humiliating her about pictures they found. The woman has not been heard from since she was seen forced into the back of a taxi, a bag tied over her head.

There were no reports of violence or discrimination against persons with HIV/AIDS, but human rights activists believed such cases were underreported and the UN Development Program (UNDP) noted that stigma affected access to health care. The UNDP and the Global Fund to Fight AIDS, Tuberculosis, and Malaria assessed that the incapability of the health-care sector to identify newly infected persons or offer medical support in a hostile environment posed a major problem and added to the risk of further spread of the disease among the general population.

Yezidis, Druze, Christians, Shia, and other religious minorities were subject to violence and discrimination by ISIS, the HTS, and other extremist groups (see section 1.g.).

a. Freedom of Association and the Right to Collective Bargaining

While the law provides for the right to form and join unions, conduct legal labor strikes, and bargain collectively, there were excessive restrictions on these rights. The law prohibits antiunion discrimination but also allows employers to fire workers at will.

The law requires all unions to belong to the regime-affiliated General Federation of Trade Unions (GFTU). The law prohibits strikes involving more than 20 workers in certain sectors, including transportation and telecommunications, or strike actions resembling public demonstrations. Restrictions on freedom of association also included fines and prison sentences for illegal strikes.

The law requires that government representatives be part of the bargaining process in the public sector, and the Ministry of Social Affairs and Labor could object to, and refuse to register, any agreements concluded. The law and relevant labor protections do not apply to workers covered under civil service provisions, under which employees neither have nor are considered to need collective bargaining rights. The law does not apply to foreign domestic servants, agricultural workers, NGO employees, or informal-sector workers. There are no legal protections for self-employed workers, although they constituted a significant proportion of the total workforce. Foreign workers may join the syndicate representing their profession but may not run for elected positions, with the exception of Palestinians, who may serve as elected officials in unions.

The regime did not enforce applicable laws effectively or make any serious attempt to do so during the year. Penalties were not sufficient to deter violations.

The Baath Party dominated the GFTU, and Baath Party doctrine stipulates that its quasi-official constituent unions protect worker rights. The GFTU president was a senior member of the Baath Party, and he and his deputy could attend cabinet meetings on economic affairs. In previous years the GFTU controlled most aspects of union activity, including which sectors or industries could have unions. It also had the power to disband union governing bodies. Union elections were generally free of direct GFTU interference, but successful campaigns usually required membership in the Baath Party. Because of the GFTU’s close ties to the regime, the right to bargain collectively did not exist in practical terms. Although the law provides for collective bargaining in the private sector, past regime repression dissuaded most workers from exercising this right.

There was little information available on employer practices with regard to antiunion discrimination. Unrest and economic decline during the year caused many workers to lose their private-sector jobs, giving employers the stronger hand in disputes.

The law does not prohibit all forms of forced or compulsory labor, and such practices existed. The penal code does not define forced labor. The code states, “those sentenced to forced labor will be strictly required to do work with difficulty on par with their sex, age, and may be inside or outside of the prison.” The penal code allows for forced labor as a mandatory or optional sentence for numerous crimes, such as treason. Authorities may sentence convicted prisoners to hard labor, although according to the International Labor Organization, authorities seldom enforced such a sentence. There was little information available on regime efforts to enforce relevant laws during the year or on the effectiveness of penalties to deter violations.

Terrorist groups, including ISIS and the HTS, reportedly forced, coerced, or fraudulently recruited some foreigners, including migrants from Central Asia, children, and Western women to join them. Thousands of Yezidi women and girl captives of ISIS remained missing and were presumed to have served as sex slaves and in domestic servitude (see section 1.g.).

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

The law provides for the protection of children from exploitation in the workplace and prohibits the worst forms of child labor. There was little publicly available information on enforcement of the child labor law. The regime generally did not make significant efforts to enforce laws that prevent or eliminate child labor. Independent information and audits regarding regime enforcement were not available. The minimum age for most types of nonagricultural labor is 15 or the completion of elementary schooling, whichever occurs first, and the minimum age for employment in industries with heavy work is 17. Parental permission is required for children younger than 16 to work. Children younger than 18 may work no more than six hours a day and may not work overtime or during night shifts, weekends, or on official holidays. The law specifies that authorities should apply “appropriate penalties” to violators. Restrictions on child labor do not apply to those who work in family businesses and do not receive a salary.

Child labor occurred in the country in both informal sectors, such as begging, domestic work, and agriculture, as well as in positions related to the conflict, such as lookouts, spies, and informants. Conflict-related work subjected children to significant dangers of retaliation and violence.

Various forces, particularly terrorist groups and regime-aligned groups, continued to recruit and use child soldiers (see section 1.g.).

Organized begging rings continued to subject children displaced within the country to forced labor.

Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Labor and nationality laws discriminate against women. While the constitution provides the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. The Commission for Family Affairs, Ministry of Justice, and Ministry of Social Affairs and Labor shared responsibility for attempting to accord equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered. Women participated in most professions, including the armed forces, although UNFPA reported that violence and lawlessness in many regions reduced women’s access to the public sphere. Various sources observed that women constituted a minority of lawyers, university professors, and other professions.

The constitution does not address discrimination based on sexual orientation, age, or HIV-positive status. Since the law criminalizes homosexuality, many persons faced discrimination due to their sexual orientation.

The law prohibits discrimination against persons with disabilities, including their access to education, employment, health services, and other state services, but the regime did not enforce these provisions effectively. Discrimination occurred in hiring and access to worksites. The law seeks to integrate persons with disabilities into the workforce, reserving 4 percent of government jobs and 2 percent of private-sector jobs for them. Private-sector businesses are eligible for tax exemptions after hiring persons with disabilities.

Discrimination in employment and occupation occurred with respect to certain minority groups (see section 6, National/Racial/Ethnic Minorities).

The law divides the public-sector monthly minimum wage into five levels based on job type or level of education, almost all of which fell below the World Bank’s poverty indicator. Benefits included compensation for meals, uniforms, and transportation. Most public-sector employees relied on bribery to supplement their income. Private-sector companies usually paid much higher wages, with lower-end wage rates semiofficially set by the regime and employer organizations. Many workers in the public and private sectors took additional manual jobs or relied on their extended families to support them.

The public-sector workweek was 35 hours, and the standard private-sector workweek was 40 hours, excluding meals and rest breaks. Hours of work could increase or decrease based on the industry and associated health hazards. The law provides for at least one meal or rest break totaling no less than one hour per day. Employers must schedule hours of work and rest such that workers do not work more than five consecutive hours or 10 hours per day in total. Employers must provide premium pay for overtime work.

The regime set occupational safety and health standards. The law includes provisions mandating that employers take appropriate precautions to protect workers from hazards inherent to the nature of work. The law does not protect workers who chose to remove themselves from situations that endanger their health or safety from losing their employment.

The Ministry of Social Affairs and Labor is responsible for enforcing the minimum wage and other regulations pertaining to acceptable conditions of work. The Ministries of Health and of Social Affairs and Labor designated officials to inspect worksites for compliance with health and safety standards. Workers could lodge complaints about health and safety conditions with special committees established to adjudicate such cases. Wage and hour regulations as well as occupational health and safety rules do not apply to migrant workers, rendering them more vulnerable to abuse.

There was little information on regime enforcement of labor law or working conditions during the year. There were no health and safety inspections reported, and even previous routine inspections of tourist facilities, such as hotels and major restaurants, no longer occurred. The enforcement of labor law was lax in both rural and urban areas, since many inspector positions were vacant due to the conflict and their number was insufficient to cover more than 10,000 workplaces. Penalties were not sufficient to deter violations.

Before the conflict began, 13 percent of women participated in the formal labor force, compared with 73 percent of men. During the year the unemployment rate for both men and women remained above 50 percent, with millions unable to participate in the workforce due to continued violence and insecurity. During the year UNFPA reported that local female employment participation increased in areas such as Damascus, Raqqa, and Daraa, as men were detained or killed.

Foreign workers, especially domestic workers, remained vulnerable to exploitative conditions. For example, the law does not legally entitle foreign female domestic workers to the same wages as Syrian domestic workers. The Ministry of Social Affairs and Labor oversees employment agencies responsible for providing safe working conditions for migrant domestic workers, but the scope of oversight was unknown. The continued unrest resulted in the large-scale voluntary departure of foreign workers as demand for services significantly declined, but violence and lawlessness impeded some foreign workers from leaving the country.

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence and provides protection for rape survivors. Rape trials are not open to the public unless the victim consents. Amendments to the Sexual Assault Crime Prevention Act stipulate experts will assist in questioning and appear in court as witnesses when rape victims are minors or mentally disabled, and they authorize the use of one-way mirrors, video conferencing, or other practices to protect victims during questioning and at trial. The law permits a charge of rape even if the victim chooses not to press charges and allows prosecutors to investigate complaints of domestic violence even if the victim has not filed a formal complaint.

The law establishes the punishment for rape as a minimum of five years’ imprisonment, and courts usually sentenced individuals convicted of rape to five to 10 years in prison. Courts typically sentenced individuals convicted in domestic violence cases to less than six months in prison.

In one prominent case, a man surnamed Wu was sentenced to 20 years in jail in May for sexually assaulting 10 minors and 12 women. Wu was given an additional jail sentence of 14 years after the prosecutors found there were another 17 victims.

Many victims did not report the crime for fear of social stigmatization, and various nongovernmental organizations (NGO) and academic studies estimated the total number of sexual assaults was seven to 10 times higher than the number reported to police. Some abused women chose not to report incidents to police due to social pressure not to disgrace their families.

The law requires all cities and counties to establish violence prevention and control centers to address domestic and sexual violence, child abuse, and elder abuse.

Sexual Harassment: The law prohibits sexual harassment (see section 7.d.). In most cases perpetrators were required to attend classes on gender equality and counseling sessions, and when the victims agreed, to apologize to the victims.

Incidents of sexual harassment were reportedly on the rise in public spaces, schools, the legislature, and in the government.

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. Women experienced some discrimination in employment (see section 7.d.).

Birth Registration: Citizenship is derived from that of either parent. Births must be registered within 60 days; failure to do so results in the denial of national health care and education benefits. Registration is not denied on a discriminatory basis.

Child Abuse: The law stipulates persons learning of cases of child abuse or neglect must notify police or welfare authorities. An official 24-hour hotline accepted complaints of child abuse and offered counseling. Courts are required to appoint guardians for children of parents deemed unfit. In light of increasing numbers of child abuse cases in childcare centers, May 2018 amendments to the Early Childhood Education and Care Act imposed tougher punishments. Childcare center owners and teachers who physically abuse or sexually harass children may be fined between NT$60,000 and NT$500,000 ($1,950 and $16,300), and the names of perpetrators and their institutions will be made public. Owners who fail to verify the qualifications of teachers and other employees face a maximum fine of NT$250,000 ($8,140).

Children’s rights advocates called on medical professionals to pay attention to rising numbers of infants and young children sent to hospitals with unusual injuries and to take the initiative to report suspected abuse to law enforcement while treating these children. Advocates also called attention to growing numbers of bullying, violence, and sexual assault cases at correctional institutions, while pointing out these facilities were usually understaffed, and their personnel were inadequately trained to counsel and manage teenage inmates.

Central and local authorities coordinated with private organizations to identify and assist high-risk children and families and to increase public awareness of child abuse and domestic violence.

In May the Legislative Yuan amended Article 286 of the Criminal Code, raising the maximum age of children protected by the law from 16 to 18, and imposing tougher sanctions on abusers who cause the death of children, who could now face life sentences.

In January a girl aged one-and-a-half was beaten and starved to death by her aunt, surnamed Hsueh, and a man surnamed Lee. In August the court ruled Hsueh and Lee guilty of child homicide, sentencing both to life imprisonment and depriving them of civil rights for life.

Early and Forced Marriage: The legal minimum age of marriage is 18 years for men and 16 for girls.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. November 2017 amendments to the Child and Youth Sexual Exploitation Prevention Act (CYSEPA) stipulate a perpetrator who films an underage person engaging in sexual intercourse or obscene acts or produces pictures, photographs, films, videotapes, compact discs, electronic signals, or other objects that show an underage person engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for between one and seven years, and could face a maximum fine of NT$1.0 million ($32,600).

The minimum age for consensual sexual relations is 16 years. Persons who engage in sex with children younger than 14 face sentences of three to 10 years in prison. Those who engage in sex with minors between 14 and 16 receive a mandatory prison sentence of three to seven years. Solicitors of sex with minors older than 16 but younger than 18 face a maximum of one year in prison or hard labor or a maximum fine of NT$3 million ($97,700).

While authorities generally enforced the law domestically, elements of the law that treat possession of child pornography as a misdemeanor rather than a felony hampered enforcement in some cases. Authorities also did not investigate or prosecute any cases of child sexual exploitation committed by citizens while traveling abroad, although the law permits this.

In February 2018 police arrested two men in connection with an international child pornography distribution ring. Police uncovered mobile hard drives that contained an estimated 2,500 pornographic videos of minors, including infants. The suspects were charged with violating the CYSEPA and sentenced respectively to two months in jail, which can be commuted to a fine of NT$60,000 ($1,960), plus a two-year probation.

NGOs raised concerns about online sexual exploitation of children and reported sex offenders increasingly used cell phones, web cameras, live streaming, apps, and other new technologies to deceive and coerce underage girls and boys into sexual activity.

There were reports of minors in prostitution.

International Child Abductions: Due to its unique political status, Taiwan is not eligible to become 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, estimated at 1,000 individuals who meet regularly, and consisted predominately of foreign residents. 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 and stipulates authorities must provide certain services and programs to persons with disabilities. Persons with disabilities have the right to vote and participate in civic affairs. Taiwan has incorporated the terms of the UN Convention on the Rights of Persons with Disabilities into its laws.

Authorities enacted and made efforts to implement laws and programs to provide access to buildings, information, and communications. NGOs contended the lack of barrier-free spaces and accessible transportation systems continued to limit civic engagement by persons with disabilities, particularly outside Taipei. In January the government released its annual assessment report on accessibility in public buildings and areas, listing Taipei City, New Taipei City, Kaohsiung City, and Nantou County as excellent. Chiayi County and Penghu County, the only two local governments that did not pass the assessment, were put on notice to make further improvements. The annual assessment results serve as a reference for the central government to allocate funding for the coming fiscal year.

Most children with disabilities attended mainstream schools, but separate primary, secondary, and vocational schools were also available for students with disabilities. NGOs asserted services for students with disabilities remained largely inadequate.

From mid-2018 until August, three cases were reported in Taipei City of residents opposing proposals to establish institutions for people with intellectual disabilities or mental illnesses in their neighborhoods, despite efforts by the Taipei Department of Social Welfare and relevant advocacy groups to hold several discussion sessions with neighbors. NGOs urged that, should the residents continue to block the projects, the authorities fine the residents in accordance with the penal provisions stipulated in the People with Disabilities Rights Protection Act.

As of June spouses born in Southeast Asian countries and the PRC accounted for more than 1 percent of the total population. Overseas spouses were reportedly targets of social discrimination outside and, at times, inside the home.

The Nationality Act allows non-PRC-born foreign spouses of Taiwan passport holders to apply for Taiwan residency after three years, while PRC-born spouses must wait six years. Unlike non-PRC spouses, however, PRC-born spouses may work in Taiwan immediately on arrival. The status and rights of PRC-born spouses are governed by the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area.

Starting in August, seven Southeast Asian languages–Vietnamese, Indonesian, Thai, Burmese, Khmer, Malay, and Tagalog–were incorporated into the language curriculum in some elementary schools, reflecting the growing number of children of partial Southeast Asian descent. As of June more than 150,000 second-generation students were enrolled in elementary, junior high, and senior high schools.

Authorities officially recognize 16 indigenous tribes, accounting for approximately 2.3 percent of the population. The law provides indigenous people equal civil and political rights and stipulates authorities should provide resources to help indigenous groups develop a system of self-governance, formulate policies to protect their basic rights, and promote the preservation and development of their languages and cultures.

The law designates the languages of Taiwan’s 16 indigenous tribes as national languages and entitles indigenous peoples to use their languages in official settings. As part of a pilot program, authorities in 2018 established a number of schools designed exclusively for indigenous children to ensure they grow up in their native cultural, including linguistic, environment.

In March 2018 the Legal Aid Foundation funded by the Judicial Yuan launched Taiwan’s first indigenous legal service center in Hualian to provide legal assistance to indigenous persons.

Although the law allows for the delineation of government-owned traditional indigenous territories, indigenous rights advocates argued a large amount of indigenous land was seized and privatized decades ago, depriving indigenous communities of the right to participate in the development of these traditional territories.

Existing law stipulates authorities and the private sector should consult with indigenous people and obtain their consent to or participation in, as well as share with them the benefits of, land development, resource utilization, ecology conservation, and academic research in indigenous areas. There are, however, no regulations in place for obtaining this consent with respect to private land.

Indigenous people participated in decisions affecting their land through the political process. The law sets aside six of the 113 seats in the legislature for indigenous tribal representatives elected by indigenous voters. In addition to the six legislators, the Legislative Yuan as of August had one indigenous legislator elected on a proportional representation party list.

In July the Taipei High Administrative Court ruled in favor of the indigenous residents who protested the 2017 20-year renewal of permits for Asia Cement Corporation’s mining operations near a Truku community in Hualien County. The Bureau of Mines renewed the permit without the consent of the Truku community. The court agreed with the plaintiffs the Bureau of Mines renewal of the permits violated Article 21 of the Indigenous Peoples’ Basic Law, which requires governments or private parties to consult with and obtain consent from indigenous peoples in such cases.

The law stipulates employers cannot discriminate against job seekers based on sexual orientation and prohibits schools from discriminating against students based on their gender expression, gender identity, or sexual orientation.

In June 2018 the Control Yuan reprimanded the Ministry of Health and Welfare and the MOI for ignoring intersex persons and failing to protect their right to health. The Control Yuan pointed out parents may be pressured to allow intersex infants to undergo gender assignment surgery because of insufficient medical guidelines and pressure on parents to register their child’s gender at birth. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced discrimination in accessing sensitive health services, and the Control Yuan found the lack of accessible care a violation of the principle of equality.

Activists for LGBTI rights said due to victims’ reluctance to lodge formal complaints, discrimination against LGBTI persons was more widespread than suggested by the number of court cases. Reported instances of violence against LGBTI individuals were rare, and the police response was adequate.

In August the Taipei District Court ruled in favor of an LGBTI rights advocate surnamed Hu, who was denied a funeral subsidy in 2017 after the death of his same-sex partner Ho. The court deemed Hu and his partner as de facto legally married and therefore entitled to the spousal funeral subsidy.

The law prohibits potential employers from requesting health examination reports from job candidates to prove they do not have HIV or other communicable diseases. There was reported discrimination, including employment discrimination, against persons with HIV/AIDS (see section 7.d.).

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, conduct strikes, and bargain collectively. The law allows foreign workers to form and join unions and to serve as union officers. The law establishes three types of unions: enterprise unions, industrial unions, and professional unions. Enterprise unions are responsible for negotiating the immediate labor rights and entitlements of enterprise-level “collective agreements.” A minimum of 30 members is required to form an enterprise union; there may only be one union per enterprise. Employees in companies with fewer than 30 workers may only join a professional union or an industrial union to exercise their rights. This applied to approximately 78 percent of employees of small and medium sized enterprises. Industrial unions help to link workers in the same industry. Professional unions are geographically constrained within municipal boundaries.

The law prohibits discrimination, dismissal, or other unfair treatment of workers for union-related activities and requires reinstatement of workers fired for trade union activity. Employees hired through dispatching agencies (i.e., temporary workers) do not have the right to organize and bargain collectively in the enterprises where they work. In May the Labor Standards Act was modified to provide job security measures to, and identify the liability of enterprises and dispatching agencies for, temporary workers, particularly the responsibility for occupational injury and the presumption of indefinite and nontransferrable contract.

The right to strike remained highly regulated. Teachers, civil servants, and defense industry employees do not have the right to strike. Workers in industries such as utilities, hospital services, and telecommunication service providers are allowed to strike only if they maintain basic services during the strike. Authorities may prohibit, limit, or break up a strike during a disaster. For all workers, the law divides labor disputes into “rights disputes” and “adjustment disputes.” Workers are allowed to strike only in adjustment disputes, which include issues such as compensation and working schedules. The law forbids strikes in rights disputes related to violations of collective agreements and employment contracts.

The law requires mediation of labor disputes when authorities deem them sufficiently serious or involving unfair practices. Most labor disputes involved wage and severance issues. Local labor authorities were the usual venue to settle disputes by either mediation or arbitration, which is referred to as the alternative dispute resolution. Mediation, which accounted for 95 percent of all cases in 2018, provided a civil resolution and cost-effective way to reach a settlement, usually within 20 days. Arbitration, with legally binding obligations, generally took between 45 and 79 working days to finalize, which was often too lengthy for cases requiring urgent remedies. The law prohibits labor and management from conducting strikes or other acts of protest during conciliation or arbitration proceedings. Labor organizations said this prohibition impeded workers’ ability to exercise their right to strike.

The Ministry of Labor oversees implementation and enforcement of labor laws, in coordination with local labor affairs bureaus. Authorities effectively enforced laws providing for the freedom of association and collective bargaining. A labor ministry arbitration committee reviewed cases of enterprises using discriminatory or improper action to repress union leaders and their activities, and authorities subjected violators to fines or restoration of employee’s duties. Such fines, however, generally were not sufficient to deter violations, especially for financial sectors. Among 12 arbitrated cases with China Airlines as of October, six were appealed by the enterprise; two of them, with a restoration order, have yet to be complied with.

Large enterprises frequently made it more difficult for employees to organize an enterprise union by using such methods as blacklisting the union organizers from promotion or relocating them into other work divisions. These methods were particularly common in the technology sector. For example, there was only one enterprise union in the entire Hsinchu Science Park. With the exception of the banking industry, industrial unions were also underdeveloped.

Authorities encouraged collective bargaining agreements to provide better terms and conditions than the law stipulates. For example, the High-Speed Rail Trade Union successfully won back overtime payments through collective bargaining. The implementation of collective bargaining is still inconsistent. For example, after inspections, the Financial Supervisory Commission removed the chairpersons of certain financial holdings companies from their firms’ independent salary review committees.

Professional unions have grown more influential in collective bargaining. For example, the Taoyuan pilots’ professional union began a strike in February to win better safety provisions for pilots on “red-eye” routes. In August the Taoyuan flight attendants’ professional union went on strike on behalf of EVA Air flight attendants, which became Taiwan’s longest strike on record, lasting 17 days before reaching an agreement.

The law prohibits all forms of forced or compulsory labor. The law prescribes penalties for forced labor, and the government effectively enforced the law, but courts delivered light sentences or fines in most forced labor convictions. Such penalties were inadequate to serve as an effective deterrent. Authorities continued public-awareness campaigns, including disseminating worker-education pamphlets, operating foreign-worker hotlines, and offering Ministry of Education programs on labor trafficking as part of the broader human rights curriculum. According to the National Immigration Agency, 13 forced labor cases were opened, and a further five individuals were convicted in the first seven months of the year.

Labor laws do not cover domestic household workers, leaving them vulnerable to exploitation. Forced labor occurred primarily in the domestic service, fishing, farming, manufacturing, and construction sectors. Foreign workers were most susceptible to forced labor, especially when serving as crew members on Taiwan-flagged fishing vessels. Some labor brokers charged foreign workers exorbitant recruitment fees and used debts incurred from these fees in the source country as tools of coercion to subject the workers to debt bondage (see section 7.e.). Authorities ordered six brokers convicted of illegal activities in 2018 to close; however, there was no legal prohibition against reopening a business through a proxy that registers as a new company. In November 2018 the Employment Services Act was modified to require brokers to report to law enforcement authorities within 24 hours if they learn of an employer mistreating a foreign worker. Penalties were not sufficient to deter violations, although authorities sought to enforce the law.

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

The law prohibits all the worst forms of child labor. The law prohibits work by children younger than 15 years without approval from appropriate authorities after an evaluation of the nature of the work to be performed, the working environment, and other factors. The law prohibits children younger than 18 from doing heavy or hazardous work. Working hours for children are limited to eight hours per day, and children may not work overtime or on night shifts.

Authorities effectively enforced minimum age laws. Employers who violate minimum age laws face a prison sentence, fines, or both, which was sufficient to deter violations.

The law prohibits discrimination with respect to employment and occupation. The law prohibits potential employers from requesting medical reports from job candidates to prove they do not have HIV or other communicable diseases. The law forbids termination of employment because of pregnancy or marriage.

Workers who encounter discrimination can file complaints with two independent committees composed of scholars, experts, and officials in city and county departments of labor affairs. Local labor affairs bureaus are empowered to intervene and investigate discrimination complaints. Authorities enforced decisions made by those committees. Employers can appeal rulings to the Ministry of Labor and the Administrative Court.

Latest available statistics showed that among the 201 sex discrimination cases reported in 2017, the majority involved forced resignations due to pregnancy. 141 sexual harassment cases and 118 unfair treatment or work equality cases were reported the same year. Scholars said these numbers significantly understated the problem due to workers’ fear of retaliation from employers and difficulties in finding new employment if the worker has a history of making complaints.

Persons with “minor” disabilities who have not applied for proof of disability from the government are nonetheless protected against employment discrimination. The Ministry of Labor imposes fines of between NT$300,000 and NT$1.5 million ($9,770 and $48,900) on employers who discriminate against this category of disabled workers or job seekers.

The law requires 3 percent of the workforce in the public sector and 1 percent of the workforce in the private sector to be persons with disabilities. In 2018, 4.3 percent of the public sector workforce were persons with disabilities; the private sector continued to fall short of the regulated target. The unemployment rate for persons with disabilities was three times higher than that for persons without disabilities.

The minimum wage is above the poverty line. There is no minimum wage for workers in categories not covered by the law, such as management employees, medical doctors, healthcare workers, gardeners, bodyguards, self-employed lawyers, civil servants, contractors for local authorities, and domestic household workers.

The law stipulates an eight-hour workday and 40-hour work week and allows up to 54 hours per month overtime. The mandatory rest interval for shift work is eight hours in certain sectors, provoking health and safety concerns. The permissible number of consecutive working days is 12 in two weeks. Employees in the “authorized special categories” approved by the Ministry of Labor are exempt from regular working hours stipulated in the law. These categories include security guards, flight attendants, insurance salespersons, real estate agents, nursery school teachers, ambulance drivers, hospital workers, media journalists, and public transport drivers.

Religious leaders continued to raise concerns the law did not guarantee a day off for domestic workers and caregivers, which limited their ability to attend religious services. This problem was particularly salient among the 235,000 foreign caregivers and household workers, predominantly from Indonesia and the Philippines, many of whom are Muslim or Christian and want to, or believe they must, attend religious services on a certain day of the week.

The law sets occupational safety and health standards that are appropriate for the main industries in the country. Employers are not subject to criminal charges if an employee is involved in a fatal accident due to unsafe working conditions. The freight and passenger transportation industries saw higher than average accident rates among drivers working overtime. Their employers often sought to transfer legal liability from the company to the driver.

Labor inspections conducted by local governments and specified agencies are regulated by the labor inspection law; but due to relatively weak enforcement, labor inspections often failed to serve as an effective deterrent against labor law violations and unsafe working conditions. Authorities can fine employers and withdraw their hiring privileges for violations of the law, and the law mandates publicizing the names of offending companies. The number of inspectors was not sufficient to deter violations.

The Ministry of Labor operated a Foreign Worker Direct Hire Service Center and an online platform to allow employers to hire foreign workers without using a broker. The Taiwan International Workers’ Association maintained, however, that red tape in the system continued to enable brokers to extract profits from foreign workers and prevented the Service Center from achieving widespread implementation. Regulations require inspection and oversight of foreign labor brokerage companies.

The Ministry of Labor may also permit foreign workers to transfer to new employers in cases of exploitation or abuse. Authorities also introduced several measures to reduce such exploitation. For example, authorities eliminated the requirement that foreign workers leave Taiwan every three years between re-employment contracts.

Taiwan authorities maintained a 24-hour toll-free “1955” hotline service in five languages (Mandarin, English, Indonesian, Thai, and Vietnamese) available for all foreign workers to obtain free legal advice, request urgent relocation and protection, report abuse by employers, file complaints about delayed salary payments, and make general inquiries. All cases reported are registered in the system for law enforcement to track and intervene if necessary. Among the 187,338 calls, the hotline helped 5,162 foreign workers to reclaim a total of NT$139 million ($4.53 million) in salary payments in 2018. Foreign workers’ associations maintained that in spite of the existence of the hotline and the authorities’ record of effective response, foreign workers often were reluctant to report employer abuses for fear the employer would terminate the contract and deport them, leaving them unable to reimburse debt accrued during the recruitment process.

The approximately 703,000 foreign workers, primarily from Indonesia, the Philippines, Thailand, and Vietnam, were vulnerable to exploitation. Foreign workers generally incurred significant debt burdens during the recruitment process due to excessive brokerage fees, guarantee deposits, and higher charges for flights and accommodations. Brokerage agencies, for example, often required their clients to take out loans for “training” and other fees at local branches of Taiwan banks in their home countries at high interest rates. Abuse was common in domestic service; there were several reports of employers raping foreign domestic helpers. In some instances, the victims were unable to leave until they paid off debts to employment brokers. Locally operated service centers, which briefed foreign workers on arrival, maintained a hotline for complaints and assistance and funded and operated shelters to protect abused workers. NGOs reported that the monthly take-home pay of some domestic workers was as low as 6.7 percent of the official poverty level.

Mistreatment and poor working conditions for foreign fishermen remained common. Foreign fishermen recruited offshore were not entitled to the same labor rights, wages, insurance, and pensions as those recruited locally. For example, the Control Yuan in 2018 issued a “correction verdict” to the Fisheries Agency and the Kaohsiung City Marine Bureau for their mismanagement and inaction when it became aware that the fishing vessel Fuh Sheng 11 subjected its Indonesian crewmembers to inhuman treatment.

Regulations only require a minimum monthly wage of $450 for foreign fishermen, significantly below the minimum wage on the island. Moreover, NGOs reported foreign fishing crews on Taiwan-flagged long-haul vessels generally received wages below $450 per month because of dubious deductions for administrative fees and deposits. Several NGOs, including the Taiwan International Workers Association, advocated abolishing the separate hiring system for foreign fishermen. In response the Fisheries Agency dispatched officers to the United States, Samoa, Mauritius, Fiji, Palau, South Africa (Cape Town), and Marshall Islands to monitor labor conditions on Taiwan-flagged long-haul fishing vessels when they dock at these ports. These officers used a multilingual questionnaire to interview foreign fishermen and examine labor conditions on board.

Rape and Domestic Violence: The law prohibits rape, which is punishable by up to 20 years’ imprisonment. There was no separate statute for spousal rape. Law enforcement officials usually advised women not to file charges but registered cases at the victim’s insistence. Most observers believed the majority of cases were unreported because victims wished to avoid humiliation.

Domestic violence does not have its own statute in the criminal code. Violence against women, including spousal abuse, remained a widespread problem. Women underreported violence against them due to fear of reprisal or inadequate response by police and the judiciary, resulting in virtual impunity for the perpetrators. Authorities wishing to promote traditional gender roles widely dismissed domestic violence as a “family matter.”

The government Committee for Women’s Affairs had limited resources to assist domestic violence victims, but local committee representatives referred women to crisis shelters for assistance.

In 2016 the government adopted official guidelines for the Ministry of Internal Affairs on how to refer and register cases of domestic violence, while not having a particular criminal statute to draw from to do so. Domestic violence incidents were registered under general violence and hooliganism, with a special notation in paperwork indicating a distinction for domestic violence.

Authorities seldom investigated reported cases of domestic violence, and they prosecuted few alleged perpetrators. The Ministry of Internal Affairs is authorized to issue administrative restraining orders, but police often gave only warnings, short-term detentions, or fines for committing “administrative offenses” in cases of domestic violence.

A Human Rights Watch report on domestic violence noted violence against women is “pervasive” and emphasized a failure to investigate reports of domestic violence in rural areas.

Sexual Harassment: No specific statute bans sexual harassment in the workplace. Victims often did not report incidents because of fear of social stigma. Women reporting sexual harassment faced retaliation from their employers as well as scrutiny from their families and communities.

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

Discrimination: Although the law provides for men and women to receive equal pay for equal work, cultural barriers restricted women’s professional opportunities. The law protects women’s rights in marriage and family matters, but families often pressured female minors to marry against their will. Religious marriages were common substitutes for civil marriages, due to the high marriage registration fees associated with civil marriages and the power afforded men under religious law.

A fatwa promulgated by the Council of Ulema in 2005 continued to prohibit Hanafi Sunni women–constituting the vast majority of the female population–from praying in mosques. Religious ceremonies also made polygyny possible, despite the illegality of the practice. NGOs estimated that up to 10 percent of men practiced polygyny. Many of these polygynous marriages involved underage brides. Unofficial second and third marriages were increasingly common, with neither the wives nor their children having legal standing or rights.

Birth Registration: Children derive citizenship by birth within the country’s territory or from their parents. There were no reports of birth registration being denied or not provided on a discriminatory basis. The government is required to register all births.

Education: Free and universal public education is compulsory until age 16 or completion of the ninth grade. UNICEF reported school attendance generally was good through the primary grades, but girls faced disadvantages, as parents often give priority in education to their sons whom they regard as future breadwinners.

Child Abuse: The Committee on Women and Family Affairs and regional child rights protection departments are responsible for addressing problems of violence against children.

Early and Forced Marriage: The legal minimum age for marriage of men and women is 18 years. Under exceptional circumstances, which a judge must determine, such as in the case of pregnancy, a couple may also apply to a court to lower the marriageable age to 17. Underage religious marriage was more widespread in rural areas.

The law expressly prohibits forced marriages of girls younger than age 18 or entering into a marriage contract with a girl younger than 18. Early marriage carries a fine or prison sentence of up to six months, while forced marriage is punishable by up to five years’ imprisonment. Because couples may not register a marriage where one of the would-be spouses is younger than age 18, many simply have a local religious leader perform the wedding ceremony. Without a civil registration certificate, the bride has few legal rights. According to the Office of Ombudsman for Human Rights, in 2018 there were 30 recorded cases of illegal marriage of underage persons in the country, with poverty reported as the main cause for early marriage.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. In January the government amended its criminal code to conform with international law; Article 167 now prohibits the buying and selling of children and outlines a provision that requires an exploitation act to qualify as human trafficking. The minimum age of consensual sex is 16 years. According to an NGO working with victims of domestic violence, sexual exploitation, and sex trafficking, there were several cases in which family members or third parties forced children into prostitution in nightclubs and in private homes.

Displaced Children: On April 30, 84 children whose mothers are imprisoned in Iraq for belonging to ISIS were returned to the country, according to the Ministry of Foreign Affairs. Media and civil society contacts reported the children were not reintegrated with family members willing to foster them. Instead, government authorities assigned these children, depending on their age and other factors, to government-run boarding schools, orphanages, or sanitariums. Civil society organizations reported that the children had limited or no access to psychologists, psychotherapists, social workers, nutritionists, or medical professionals since their return. According to the Ombudsman for Children, not all children will be handed over to relatives at the end of rehabilitation, and the government will study on a case-by-case basis whether the families are capable of taking in the children.

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

There were no reports of anti-Semitic acts. The small Jewish community had a place of worship and faced no overt pressure from the government or other societal pressures. Emigration to other countries continued.

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

The law on social protection of persons with disabilities applies to individuals having physical or mental disabilities, including sensory and developmental disabilities. The law prohibits discrimination against persons with disabilities in employment, education, access to health care, and provision of other state services, but public and private institutions generally did not commit resources to implement the law. The law requires government buildings, schools, hospitals, and transportation, including air travel, to be accessible to persons with disabilities, but the government did not enforce these provisions.

Many children with disabilities were not able to attend school because doctors did not deem them “medically fit.” Children deemed “medically unfit” were segregated into special state-run schools specifically for persons with physical and mental disabilities. Doctors decided which subjects students were capable of studying, and directors of state-run schools could change the requirements for students to pass to the next grade at their discretion.

The government charges the Commission on Fulfillment of International Human Rights, the Society of Invalids, and local and regional governmental structures with protecting the rights of persons with disabilities. Although the government- maintained group living and medical facilities for persons with disabilities, funding was limited, and facilities were in poor condition.

There were occasional reports that some law enforcement officials harassed those of Afghan nationality and Uzbeks.

While same-sex sexual conduct is legal in the country, and the age of consent is the same as for heterosexual relationships, the law does not provide legal protection against discrimination. Throughout the country there were reports LGBTI individuals faced physical and psychological abuse, harassment, extortion, and exploitation for revealing their LGBTI status to their families. On January 31, the then Ombudsman for Human Rights Zarif Alizoda, announced the country would not implement the recommendations of international organizations on LGBTI rights, because they conflict with local moral values. Earlier, the chief psychiatrist Khurshed Qunghurotov said in a media interview that bisexuality, lesbianism, and homosexuality are all “pathologies of character” and that the LGBTI community is “mentally ill.”

There is no law against discrimination based on sexual orientation or gender identity, and LGBTI persons were victims of police harassment and faced threats of public beatings by community members. LGBTI representatives claimed law enforcement officials extorted money from LGBTI persons by threatening to tell their employers or families of their activities.

In some cases LGBTI persons were subjected to sex trafficking. Hate crimes against members of the LGBTI community reportedly went unaddressed. LGBTI representatives claimed health-care providers discriminated against and harassed LGBTI persons. LGBTI advocacy and health groups reported harassment from government officials and clergy, to include violent threats, as well as obstruction of their activities by the Ministry of Health.

Government authorities reportedly compiled a registry of hundreds of persons in the LGBTI community as part of a purported drive to promote moral behavior and protect vulnerable groups in society. In 2017 the Interior Ministry and General Prosecutor’s Office drew up the list, which included 319 men and 48 women.

It was difficult for transgender persons to obtain new official documents from the government. The law allows for changing gender in identity papers if a medical organization provides an authorized document. Because a document of this form does not exist, it was difficult for transgender persons to change their legal identity to match their gender. This created internal problems involving any activity requiring government identification, including the acquisition of a passport for international travel.

There was societal discrimination against individuals with HIV/AIDS, and stigma and discrimination were major barriers for persons with HIV to accessing prevention, treatment, and support.

The government offered HIV testing free of charge at 140 facilities, and partner notification was mandatory and anonymous. The World Health Organization noted officials systematically offered HIV testing to prisoners, military recruits, street children, refugees, and persons seeking visas, residence, or citizenship.

Women remained a minority of those infected with HIV, although their incidence of infection was increasing.

As of June 30, the Ministry of Health officially registered 8,308 HIV-infected individuals, including 3,365 women and 4,943 men. During the first six months of the year, the ministry registered 694 new HIV-positive individuals, including 283 women and 411 men.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions but requires registration for all NGOs, including trade unions. The law also provides that union activities, such as collective bargaining, be free from interference except “in cases specified by law,” but the law does not define such cases. Workers have the right to strike, but the law requires that meetings and other mass actions have prior official authorization, limiting trade unions’ ability to organize meetings or demonstrations. The law provides for the right to organize and bargain collectively, but it does not specifically prohibit antiunion discrimination. Penalties are insufficient to deter violations, and the government did not effectively enforce the law.

Workers joined unions, but the government used informal means to exercise considerable influence over organized labor, including influencing the selection of labor union leaders. The government-controlled umbrella Federation of Trade Unions of Tajikistan did not effectively represent worker interests. There were reports the government compelled some citizens to join state-endorsed trade unions and impeded formation of independent unions. According to International Labor Organization figures, 1.3 million persons belonged to unions. There were no reports of antiunion discrimination during the year.

Anecdotal reports from multiple in-country sources stated that citizens were reluctant to strike due to fear of government retaliation. Police reportedly arrested 15 agricultural workers, charging them with organizing an illegal event, after an April 29 protest outside the Dushanbe headquarters of Faroz, a company belonging to President Rahmon’s family. Dozens of workers had gathered around the gates of the company to object to proposed lower wages for harvesting the medicinal plant ferula. Police did not comment on the arrests.

On May 9, the Shahrituz District Court imprisoned Karomatullo Shekhov, a local trader, for six days of “administrative arrest” for protesting against tax inspectors. An acquaintance of Shekhov told media that the court found him guilty of “disturbing public order.” On May 7, a group of traders, including Shekhov, protested against an additional tax imposed on them by local tax authorities. The protesters filmed their conversation with tax officers and posted the video on social media. Following the protest, three other unnamed protesters were accused of disturbing public order and disobedience to tax inspectors.

Collective bargaining contracts covered 90 percent of workers in the formal sector.

The government fully controlled trade unions. There were no reports of threats or violence by government entities toward trade unions; however, unions made only limited demands regarding workers’ rights repeatedly because they feared the government reaction. Most workers’ grievances were resolved with union mediation between employee and employer.

Labor NGOs not designated as labor organizations played a minimal role in worker rights, as they were restricted from operating fully and freely.

The January criminal code provisions are consistent with international law regarding the prohibition of all forms of forced or compulsory labor, including that of children, except in cases defined in law. The government did not effectively enforce the law to prohibit compulsory labor, and resources, inspections, and remediation were inadequate to address concerns over forced labor. While penalties to discourage the practice of forced labor were stringent and commensurate with other serious crimes, such as rape, the government investigated, prosecuted, and convicted fewer individuals suspected of trafficking persons for forced labor than in prior years. Two cases involving nine individuals were dismissed by presidential amnesty. The Prosecutor General’s Office continued to investigate three Dushanbe-based employment agencies that sent several citizens to Saudi Arabia where they were forced to work in homes of Saudi citizens.

The government continued to implement its national referral mechanism that has formal written procedures for identification, referral, and assistance to victims of trafficking. Law enforcement reported screening for victims when making arrests for prostitution. NGOs reported that in many cases when victims were identified by authorities, they were detained but not put in jail.

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

The law outlaws all of the worst forms of child labor. The minimum age for children to work is 16 years, although children may work at age 15 with permission from the local trade union. By law children younger than age 18 may work no more than six hours a day and 36 hours per week. Children as young as age seven may participate in household labor and agricultural work, which is separately classified as family assistance. Many children younger than age 10 worked in bazaars or sold goods on the street. The highest incidences of child labor were in the domestic and agricultural sectors.

Enforcement of child labor laws is the responsibility of the Prosecutor General’s Office, Ministry of Justice, Ministry of Social Welfare, Ministry of Internal Affairs, and appropriate local and regional governmental offices. Unions also are responsible for reporting any violations in the employment of minors. Citizens can bring unresolved cases involving child labor before the prosecutor general for investigation. There were few reports of violations because most children worked under the family assistance exception. There were reports that military recruitment authorities kidnapped children younger than age 18 from public places and subjected them to compulsory military service to fulfill local recruitment quotas.

The government enforced child labor laws and worked with the International Organization for Migration (IOM) to prevent the use of forced child labor. IOM and local NGOs noted that penalties were sufficient to deter violations. Nevertheless, there were isolated reports some children were exploited in agriculture. The U.S. Department of Labor’s 2019 List of Goods Produced by Child Labor or Forced Labor reported cotton harvest as a good produced by child labor. The overall instances of forced child labor in the cotton harvest decreased dramatically after 2013; the 2015 IOM annual assessment showed local or national government authorities responded to most cases. During the 2015 harvest, the government levied two fines against employers using child labor and collected a total of 1,800 somoni ($190) from violators.

The Interministerial Commission to Combat Trafficking in Persons disseminated a directive to local officials reiterating prohibitions and ordered the Labor Inspector’s Office to conduct a monitoring mission of the cotton-picking season. According to the IOM, however, no independent monitoring of the cotton harvest was conducted during the year.

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

The law prohibits discrimination with respect to employment and occupation on the basis of race, sex, gender, disability, language, HIV-positive status, other communicable diseases, or social status. The law does not expressly prohibit worker discrimination on the basis of color, religion, political opinion, national origin or citizenship, or age.

In June 2017 parliament approved amendments to the Law on Police, which bans persons with dual citizenship, foreign nationals, and stateless persons from serving in the police force. In March 2017 the Council of Majlisi Namoyandagon, the lower house of parliament, approved amendments to the Law on Public Service prohibiting dual citizenship for any persons in public service. In 2016 lawmakers approved amendments to the law banning individuals with dual citizenship from serving in the country’s security services and requiring knowledge of the Tajik (state) language.

Employers discriminated against individuals based on sexual orientation and HIV-positive status, and police generally did not enforce the laws. LGBTI persons and HIV-positive individuals opted not to file complaints due to fear of harassment from law enforcement personnel and the belief that police would not take action.

The law provides that women receive equal pay for equal work, but cultural barriers continued to restrict the professional opportunities available to women.

The government did not effectively enforce discrimination laws, and penalties were not adequate to deter violations.

World Bank data reveals that almost one-third of the country’s population lives below the poverty line of 18 somoni ($1.90) per person per day. The monthly minimum wage of 400 somoni ($42) is below the poverty line. The State Inspectorate for Supervision of Labor, Migration, and Employment under the Ministry of Labor, Migration, and Employment is responsible for the overall supervision of enforcing labor law in the country. The Ministry of Finance enforces financial aspects of the labor law, and the Agency of Financial Control of the presidential administration oversees other aspects of the law. There is no legal prohibition on excessive compulsory overtime. The law mandates overtime payment, with the first two hours paid at a time-and-a-half rate and the remainder at double the rate. Resources, inspections, and remediation to enforce the law were inadequate. The State Inspectorate conducts inspections once every two years. Penalties for violations are adequate to deter violations, but the regulation was not enforced, and the government did not pay its employees for overtime work. Overtime payment was inconsistent in all sectors of the labor force.

The State Inspectorate for Supervision of Labor, Migration, and Employment is also responsible for enforcing occupational health and safety standards. The government did not fully comply with these standards, partly because of corruption and the low salaries paid to inspectors. The law provides workers the right to remove themselves from hazardous working conditions without fear of loss of employment, but workers seldom exercised this right.

Farmers and agricultural workers, accounting for more than 60 percent of employment in the country, continued to work under difficult circumstances. There was no system to monitor or regulate working conditions in the agricultural and informal sectors. Wages in the agricultural sector were the lowest among all sectors, and many workers received payment in kind. The government’s failure to ensure and protect land tenure rights continued to limit its ability to protect agricultural workers’ rights.

Rape and Domestic Violence: The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation. The law stipulates a woman wishing to report a rape must do so at a police station, where she must receive a release form before seeking medical help. This process contributed to medical complications, incomplete forensic evidence, and failure to report rapes. Victims often feared that cases reported to police would be made public.

On May 21, MP Zitto Kabwe criticized the government’s failure to apprehend rape culprits in the Kigoma Region. He referred to a practice known as teleza, when perpetrators apply dirty oil over their bodies to become slippery to make them harder to catch. Kabwe received a report of three raped women in his constituency who were admitted to the Kigoma Hospital. The NGO Tamasha was the first to expose the cases and reported a total of 43 rape cases. Tamasha later engaged human rights NGOs such as the LHRC, THRDC, and Twaweza, which collectively raised the issue in a letter to the government.

The law prohibits assault but does not specifically prohibit domestic violence. Domestic violence against women remained widespread, and police rarely investigated such cases. The LHRC Mid-Year Human Rights Report covering January through June stated that sexual violence against children remained an issue of concern. The LHRC, however, was not able to obtain data on reported cases of violence against children on the mainland. Media surveys and human rights-monitoring NGOs showed that many children continued to be subjected to sexual violence, especially rape. According to the LHRC report, 66 percent of reported major violence against children incidents were sexual violence, of which 90 percent were rape: 30 percent of such incidents were reported in Lake Zone (Geita, Mwanza, Shinyanga, Mara, Simiyu and Kagera Regions), while the Southern Highlands Zone accounted for 32 percent.

Authorities rarely prosecuted persons who abused women. Persons close to the victims, such as relatives and friends, were most likely to be the perpetrators. Many who appeared in court were set free because of corruption in the judicial system, lack of evidence, poor investigations, and poor evidence preservation.

There were some government efforts to combat violence against women. Police maintained 417 gender and children desks in regions throughout the country to support victims and address relevant crimes. In Zanzibar, at One Stop Centers in both Unguja and Pemba, victims could receive health services, counseling, legal assistance, and a referral to police. In August, Kagera Regional Police reported they had registered 88 cases of gender-based violence between January and July that are pending in court. These included 46 cases of rape, while the rest were related to school pregnancies.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C from being performed on girls younger than age 18, but it does not provide for protection to women ages 18 or older. For information on the incidence of FGM/C, see Appendix C.

Prosecutions were rare. Many police officers and communities were unaware of the law, victims were often reluctant to testify, and some witnesses feared reprisals from FGM/C supporters. Some villagers reportedly bribed local leaders not to enforce the law in order to carry out FGM/C on their daughters. The Ministry of Health reported that approximately 10 percent of women had undergone FGM/C. The areas with the highest rates of FGM/C were Manyara (58 percent), Dodoma (47 percent), Arusha (41 percent), Mara (32 percent), and Singida (31 percent).

Sexual Harassment: The law prohibits sexual harassment of women in the workplace. There were reports women were asked for sexual favors in return for promotions or to secure employment. According to the Women’s Legal Aid Center, police rarely investigated reported cases. Those cases that were investigated were often dropped before they got to court–in some instances by the plaintiffs due to societal pressure and in others by prosecutors due to lack of evidence. There were reports women were sexually harassed when campaigning for office, and one MP said that women MPs were subjected to sexual harassment frequently. The LHRC released a report in 2018 stating female students were frequently sexually harassed in higher-learning institutions, a point reiterated by a professor at the University of Dar es Salaam in a Tweet calling on President Magufuli to intervene because there were so many incidents of harassment on campus.

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, including in matters such as employment, housing, or access to education and health care; however, the law also recognizes customary practices that often favored men.

While women faced discriminatory treatment in the areas of marriage, divorce, inheritance, and nationality, overt discrimination in areas such as education, credit, business ownership, and housing was uncommon. Nevertheless, women, especially in rural areas, faced significant disadvantages due to cultural, historical, and educational factors. According to the 2018 World Economic Forum Global Gender Gap Report, men earn 39 percent more than do women.

Birth Registration: Citizenship is derived by birth within the country or abroad if at least one parent is a citizen. Registration within three months of birth is free; parents who wait until later must pay a fee. Public services were not withheld from unregistered children. The Registration, Insolvency and Trusteeship Agency, in collaboration with Tigo telecommunication company, facilitated birth registrations of more than 3.5 million children younger than age five over the last six years in 13 regions. For additional information, see Appendix C.

Education: Tuition-free primary education is compulsory and universal on both the mainland and Zanzibar until age 15. Secondary school is tuition free but not compulsory.

Girls represented approximately one-half of all children enrolled in primary school but were absent more often than boys due to household duties and lack of sanitary facilities. At the secondary level, child marriage and pregnancy often caused girls to be expelled or otherwise prevented girls from finishing school.

Under the Education and Training Policy launched by the government in 2015, pregnant girls may be reinstated in schools. In 2017, however, President Magufuli declared that girls would not be allowed to return to school after giving birth. Human rights NGOs criticized the policy as contrary to the country’s constitution and laws. This policy led to girls being blamed and excluded from educational opportunities, while the fathers of the babies were often their teachers or other older men who frequently did not suffer any consequences.

Child Abuse: Violence against and other abuse of children were major problems. Corporal punishment was employed in schools, and the law allows head teachers to cane students. The National Violence against Children Survey, conducted in 2009 (the most recent data available), found almost 75 percent of children experienced physical violence prior to age 18. In April the Maswa Simiyu Regional Court sentenced a teacher to 30 years in prison after he was convicted of raping two former students.

On October 3, video clips appeared on social media showing the regional commissioner of Songwe beating a group of male secondary school students contrary to established procedure. The following day, President Magufuli publicly urged parents and schoolteachers to do the same.

Early and Forced Marriage: The law sets the legal age for marriage at 18. A 2016 amendment to the Law of the Child makes it illegal to marry a primary or secondary school student. To circumvent these laws, individuals reportedly bribed police or paid a bride price to the family of the girl to avoid prosecution. According to Human Rights Watch, girls as young as age seven were married. Zanzibar has its own law on marriage, but it does not specifically address early marriage. The government provided secondary school-level education campaigns on gender-based violence, which, in one reported case in 2018, led to one girl using that knowledge to escape a forced marriage. For additional information, see Appendix C.

On October 23, the Court of Appeal rejected a government appeal to retain provisions in the Marriage Act of 1971, which would permit girls as young as 14 to marry with parental consent, ruling that the act was unconstitutional and discriminatory towards girls. The government must now remove the parental consent exceptions provision for marriage before the age of 18.

Sexual Exploitation of Children: The law criminalizes child sex trafficking and child pornography. Those convicted of facilitating child pornography are subject to a fine ranging from TZS one million ($440) to TZS 500 million ($220,000), a prison term of one to 20 years, or both. Those convicted of child sex trafficking are subject to a fine ranging from TZS five million ($2,200) and TZS 150 million ($66,000), a prison term of 10 to 20 years, or both. There were no prosecutions based on this law during the year.

The law provides that sexual intercourse with a child younger than 18 is rape unless within a legal marriage. The law was not always enforced because of cases not being reported or because girls facing pressure dropped charges. For example there were accounts of rapes of girls that went unreported in Zanzibar.

Infanticide or Infanticide of Children with Disabilities: Infanticide continued, especially among poor rural mothers who believed themselves unable to afford to raise a child. Nationwide statistics were not available.

Displaced Children: According to the Ministry of Health, Community Development, Gender, Elderly, and Children, large numbers of children were living and working on the street, especially in cities and near the borders. The ministry reported 6,132 children were living in hazardous conditions during the year. These children had limited access to health and education services, because they lacked a fixed address or money to purchase medicines, school uniforms, and books. They were also vulnerable to sexual abuse. According to the Ministry of Health, Community Development, Gender, Elderly, and Children, from July 2018 to March, 13,420 displaced children were given necessities including food, clothing, education, and health from a combination of government and private organizations.

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 population is 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 discrimination against persons with physical, sensory, intellectual, and mental disabilities, but the government did not effectively enforce these provisions.

Few public buildings were accessible to persons with disabilities. New public buildings, however, were built in compliance with the law. The law provides for access to information and communication, but not all persons with disabilities had such access.

There were six members of the union parliament with disabilities. Persons with disabilities held three appointed seats in the Zanzibar House of Representatives. The Prime Minister’s Office includes a ministerial position that covers disabilities. The country defines persons with albinism as disabled and appointed a person with albinism as its ambassador to Germany in 2017.

Limits to the political participation of persons with disabilities included inaccessible polling stations, lack of accessible information, limited inclusion in political parties, the failure of the National Electoral Commission to implement directives concerning disability, and prejudice toward persons with disabilities.

According to the 2008 Tanzanian Disability Survey, an estimated 53 percent of children with disabilities attended school. There were no significant reported patterns of abuse in educational or mental health facilities.

Consensual same-sex sexual conduct is illegal in the country. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence of 30 years to life on the mainland and imprisonment up to 14 years in Zanzibar. In Zanzibar the law also provides for imprisonment up to five years or a fine for “acts of lesbianism.” In the past courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution. The law does not prohibit discrimination based on sexual orientation and gender identity. Police often harassed persons believed to be LGBTI based on their dress or manners.

During the year the government opposed improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. On September 20, the deputy minister of home affairs instructed police in Zanzibar to arrest members of the LGBTI communities, accusing them of being unethical, unaccepted, and against the law, and of bringing a bad image to the island and being linked to drug use. During the year there was one report that police arrested two suspects for alleged homosexual activity and subjected them to forced anal examinations. There were also reports of arrests and detentions to harass known LGBTI activists.

LGBTI persons continued to be afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.

In January, after being arrested for allegedly engaging in same-sex activity, 17 individuals were reportedly subjected to anal exams in Kigongoni Public Hospital, Arusha, by medical personnel in the presence of armed police. The victims had no lawyer or representative present, and the “results” were never shared.

In 2017 authorities filed a case against two women in Mwanza who were recorded on a video posted on social media exchanging rings in an engagement ceremony. The case was withdrawn without being heard in 2018 and then reopened as a new case in June.

In April a 19-year-old student at Katoro Islamic Seminary died after being beaten by a teacher and fellow students. They reportedly beat him because of his alleged same-sex activity. He was buried without his family being informed; they contacted police when they realized he was missing. Following an investigation, police arrested four teachers and 11 students. Police also obtained a court order to exhume the remains for further investigation.

The 2013 People Living with HIV Stigma Index Report indicated persons with HIV/AIDS experienced significant levels of stigma countrywide (39 percent), with stigma particularly high in Dar es Salaam (50 percent). The most common forms of stigma and discrimination experienced were gossip, verbal insults, and exclusion from social, family, and religious activities. More than one in five persons with HIV/AIDS experienced a forced change of residence or inability to rent accommodations. In Dar es Salaam, nearly one in three of these persons experienced the loss of a job or other source of income.

The law prohibits discrimination against any person “known or perceived” to be HIV-positive and establishes medical standards for confidentiality to protect persons with HIV/AIDS. Police abuses of HIV-positive persons, particularly in three key populations (sex workers, drug users, and LGBTI persons), included arbitrary arrest, extortion, and refusal to accept complaints from victims of crime. In the health sector, key populations experienced denial of services, verbal harassment and abuse, and violations of confidentiality. In 2017 the government allowed community-based services for key populations to be reinstated following the release of revised guidelines, although the distribution of lubricants is still banned. NGOs and CSOs serving these key populations continued to face occasional backlash and harassment from law enforcement. There was continuing fear among these NGOs to operate freely and openly, as well as among LGBTI persons to seek health services, including HIV prevention and treatment.

Gender desks at police stations throughout the country were established to help address mistrust between members of key populations and police.

Despite efforts by the government and NGOs to reduce mob violence through educational outreach and community policing, mob violence continued. According to the LHRC Mid-Year Report, 385 were killed in mob violence. For example, in June, in the town of Shinyanga, Esther Samwel was killed by an angry mob after being accused of stealing some greens and vegetables at the market place.

Witchcraft-related killings continued to be a problem. According to the LHRC Mid-Year Report, there were 106 witchcraft-related killings from January to June. Major victims or targets of such killings continued to be elderly women and children. The regions with the greatest number of killings were Mbeya, Iringa, Dar es Salaam, and Shinyanga. For example, in Dar es Salaam, police arrested a man for selling his six-year-old daughter to be killed so that her body parts could be used in a potion to make him rich. The child’s body was found decapitated in the Mbeya Region with the right foot amputated.

From January to June, 10 children in Njombe Region were reported missing and later found dead with some body parts missing. In connection to this case, 28 suspects were arrested.

In 2015 the government outlawed witchdoctors in an attempt to curtail killings of persons with albinism. Attacks on persons with albinism were declining, and from January through June, there were no reported cases of persons with albinism being killed or attacked. Persons with albinism remained at risk of violence, however, especially during election times, as some ritual practitioners sought albino body parts in the belief they could be used to bring power, wealth, and good fortune. Schools used as temporary shelters in some cases evolved into long-term accommodations, with many students with albinism afraid to return to their homes. One shelter in Buhangija, however, had almost 470 children with albinism living there, but it was reported that 350 of these children have been reunited with their families. Widespread discrimination against persons with albinism still existed. During the year a woman with albinism was reportedly harassed at her place of work in Mwanza by other workers. She lost her job as a hotel restaurant hostess and was told to work cleaning the rooms instead.

Farmers and pastoralists sometimes argued over traditional animal grazing areas, and violence continued to break out during some disputes.

a. Freedom of Association and the Right to Collective Bargaining

The mainland and Zanzibari governments have separate labor laws. Workers on the mainland, except for workers in the categories of “national service” and prison guards, have the right to form and join independent trade unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination. The government nevertheless restricted these rights. Reinstatement of workers fired for trade union activity is not mandatory.

Trade unions in the private sector must consist of more than 20 members and register with the government, while public-sector unions need 30 members. Five organizations are required to form a federation. Trade union affiliation with nonunion organizations can be annulled by the Labor Court if it was obtained without government approval, or if the union is considered an organization whose remit is broader than employer-worker relations. A trade union or employers association must file for registration with the Registrar of Trade Unions in the Ministry of Labor within six months of establishment. The law, however, does not provide for specific time limits within which the government must register an organization, and the registrar has the power to refuse registration on arbitrary or ambiguous grounds. The government prescribes the terms of office of trade union leaders. Failure to comply with government requirements is subject to fines, imprisonment, or both.

The law requires unions to submit financial records and a membership list to the registrar annually and to obtain government approval for association with international trade unions. The registrar can apply to the Labor Court to deregister or suspend unions if there is overlap within an enterprise or if it is determined the union violated the law or endangered public security.

Collective bargaining agreements must be registered with the Labor Commission. Public-service employees, except for limited exceptions, such as workers involved in “national service” and prison guards, may also engage in collective bargaining.

Employers have the right to initiate a lockout provided they comply with certain legal requirements and procedures. For a strike to be declared legal, the law requires three separate notifications of intent, a waiting period of at least 92 days, and a union vote in the presence of a Ministry of Labor official that garners approval by at least 75 percent of the members voting. All parties to a dispute may be bound by an agreement to arbitrate, and neither party may then engage in a strike or a lockout until that process has been completed. Disputes regarding adjustments to or the terms of signed contracts must be addressed through arbitration and are not subject to strikes.

The law restricts the right to strike when a strike would endanger the life and health of the population. Picketing in support of a strike or in opposition to a lawful lockout is prohibited. Workers in sectors defined as “essential” (water and sanitation, electricity, health services and associated laboratory services, firefighting, air traffic control, civil aviation, telecommunications, and any transport services required for the provision of these services) may not strike without a pre-existing agreement to maintain “minimum services.” Workers in other sectors may also be subject to this limitation as determined by the Essential Services Committee, a tripartite committee composed of employers, workers, and government representatives with the authority periodically to deem which services are essential.

According to the 2004 Labor Relations Act, an employer may not legally terminate an employee for participating in a lawful strike or terminate an employee who accedes to the demands of an employer during a lockout.

Penalties for violations were not sufficient to deter violations. Disputes on the grounds of antiunion discrimination must be referred to the Commission for Mediation and Arbitration, a governmental department affiliated with the Ministry of Labor. There was no public information available regarding cases of antiunion discrimination.

There were no reports of sector-wide strikes or any other major strikes in the country.

In Zanzibar the law requires any union with 50 or more members to be registered, a threshold few companies could meet. The law sets literacy standards for trade union officers. The law provides the registrar considerable powers to restrict registration by setting forth criteria for determining whether an organization’s constitution contains suitable provisions to protect its members’ interests. The law applies to both public- and private-sector workers and bans Zanzibari workers from joining labor unions on the mainland. The law prohibits a union’s use of its funds, directly or indirectly, to pay any fines or penalties incurred by trade union officials in the discharge of their official duties. In Zanzibar both government and private sector workers have the right to strike as long as they follow procedures outlined in the labor law. For example, workers in essential sectors may not strike; others must give mediation authorities at least 30 days to resolve the issue in dispute and provide a 14-day advance notice of any proposed strike action.

The law provides for collective bargaining in the private sector. Public-sector employees also have the right to bargain collectively through the Trade Union of Government and Health Employees; however, members of the police force and prison service, and high-level public officials (for example, the head of an executive agency) are barred from joining a trade union. Zanzibar’s Dispute Handling Unit addresses labor disputes. In Zanzibar judges and all judicial officers, members of special departments, and employees of the House of Representatives are excluded from labor law protection.

In Zanzibar the courts are the only venue in which labor disputes can be heard. According to the Commission of Labor in Zanzibar, 16 workers used the courts for labor disputes. Labor enforcement in Zanzibar is insufficient, especially on the island of Pemba.

The government did not effectively enforce the law protecting the right to collective bargaining. On both the mainland and in Zanzibar, private-sector employers adopted antiunion policies or tactics, although discriminatory activities by an employer against union members are illegal. The Trade Union Congress of Tanzania (TUCTA)’s 2018 annual report claimed that international mining interests bribed government officials to ignore workers’ complaints and write false favorable reports on work conditions in mines. TUCTA also reported that employers discouraged workers from collective bargaining and retaliated against workers’ rights activists via termination of employment and other measures. The Tanzania Mines, Energy, Construction, and Allied Workers’ Union met in June to discuss how to improve organizing in the mining sector.

TUCTA also expressed concern over the proposal of a new computation formula for pensions. Under the new formula, 25 percent would be issued as a lump sum while the remaining 75 percent would be paid in monthly installments. TUCTA called for the government to revert to the old formula, under which workers received a 50 percent lump sum payment upon retirement. By the end of December 2018, President Magufuli announced the new formula would not go into effect until 2023 to provide more time to reach consensus.

The law prohibits most forms of forced or compulsory labor. The law allows prisoners to work without pay on construction and agriculture projects within prisons. The law deems such work acceptable as long as a public authority ensures the work is not for the benefit of any private party. The law also allows work carried out as part of compulsory national service in certain limited circumstances. The constitution provides that no work shall be considered forced labor if such work forms part of compulsory national service in accordance with the law, or “the national endeavor at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.”

The law establishes criminal penalties for employers using forced labor, but penalties are not sufficient to deter violations. The government did not effectively enforce the law. Neither the government nor the International Labor Organization (ILO) provided statistics on government enforcement. The ILO reported unspecified instances of forced labor, including those involving children from the southern highlands forced into domestic service or labor on farms, in mines, and in the informal business sector. Forced child labor occurred (see section 7.c.). In late 2018 the government drafted a national child labor strategy, which has yet to be formally launched.

Prisoners perform unpaid and nonvoluntary labor on projects outside of the prison, such as road repair, agriculture, and government construction projects. The Ministry of Home Affairs reported that prisoners perform labor on a joint sugar plantation project, including planting 2,000 acres of sugar under an agreement between the National Social Security Fund and the Parastatal Pension Fund (PPF). The Moshi Prison Department, in collaboration with PPF, installed leather manufacturing equipment, and prisoners produce shoes and handbags.

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

The law prohibits the exploitation of children in the workplace. By law the minimum age for contractual employment is 14 on the mainland; in Zanzibar the minimum age is 15. Children older than 14 but younger than 18 may be employed to do only nonhazardous work that is not likely to be harmful to the child’s health and development or attendance at school. The government published regulations to define hazardous work for children in several sectors, including in agriculture, fishery, mining, and quarrying, construction, service, informal operations, and the transport sectors. The law specifically limits working hours for children to six hours a day. Penalties were not sufficient to deter violations, and there were no reported cases of prosecutions under this law.

The government did not adequately enforce the law. The lack of enforcement left children vulnerable to exploitation and with few protections. Child labor was prevalent in agriculture, mining, industry, fishing, and domestic work. The ILO previously worked with the government to train labor inspectors on child labor, but there were no such activities reported during the year.

Child labor cases were brought to court in the mainland. Zanzibar’s Ministry of Labor, Youth Development, Women, and Children did not take legal action related to child labor.

Government measures to ameliorate child labor included verifying that children of school age attended school, imposing penalties on parents who did not enroll their children in school, and pressing employers in the formal sector not to employ children younger than 18. In September 2018 President Magufuli appointed a new labor commissioner who reportedly listed reducing child labor as one of his priorities. The country developed a national strategy for child labor in 2018; however, the government has yet to launch the strategy.

On the mainland children worked as domestic workers, street vendors, and shopkeepers as well as in small-scale agriculture, family-based businesses, fishing, construction, and artisanal mining of gold and tanzanite. According to Human Rights Watch, children as young as eight worked in mining. In Zanzibar children worked primarily in fishing, clove picking, domestic labor, small businesses, and gravel making.

In Zanzibar the government’s endeavors to contain child labor were minimal. In Micheweni and, Mwambe villages, for example, children were engaged in stone crushing. In fishing villages such as Matemwe, children would not go to school but go to work at the fish market.

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 .

The employment and labor relations law prohibits workplace discrimination, directly or indirectly, against an employee based on color, nationality, tribe, or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/AIDS, age, or station in life. The law does not specifically prohibit discrimination based on sexual orientation or gender identity, language, citizenship, or other communicable disease status. The law distinguishes between discrimination and an employer hiring or promoting based on affirmative action measures consistent with the promotion of equality, or hiring based on an inherent requirement of the job. The government in general did not effectively enforce the law, and penalties were insufficient to deter violations.

Women have the same status as men under labor law on the mainland. According to TUCTA, gender-based discrimination in terms of wages, promotions, and legal protections in employment continued to occur in the private sector. It was difficult to prove and often went unpunished. While employers in the formal sector were more attentive to laws against discrimination, problems were particularly acute in the informal sector, in which women were disproportionately employed. Women often were employed for low pay and in hazardous jobs, and they reported high levels of bullying, threats, and sexual harassment. A 2015 study by the LHRC found that women faced particular discrimination in the mining, steel, and transport industries. The 2017 LHRC human rights and business report shows women still experienced discrimination.

Discrimination against migrant workers also occurred. They often faced difficulties in seeking documented employment outside of the informal sector. The Noncitizens Employment Regulation Act of 2015 gives the labor commissioner authority to deny work permits if a citizen with the same skills is available. During the year foreign professionals, including senior management of international corporations, frequently faced difficulties obtaining or renewing work permits. Because refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector. While efforts by nongovernment and government actors had been made to curb discrimination and violence against persons with albinism, the LHRC reported that this population still lived in fear of their personal security and therefore could not fully participate in social, economic, and political activities. The LHRC also stated that persons with disabilities also faced discrimination in seeking employment and access to the workplace.

Inspections conducted since the enactment of the law in 2015 revealed 779 foreign employees working without proper permits. Of these, 29 were repatriated and 77 were arraigned in court. Because legal refugees lived in camps and could not travel freely (see section 2.d.), few worked in the formal sector.

The government established minimum wage standards in 2015 for employees in both the public and private sectors on the mainland, and it divided those standards into nine employment sectors. The minimum wage was above the government poverty line, but in many industries, it was below World Bank standards for what constitutes extreme poverty. The government’s poverty line has not been updated since 2012. The law allows employers to apply to the Ministry of Labor for an exemption from paying the minimum wage. The labor laws cover all workers, including foreign and migrant workers and those in the informal sector. The minimum wage on Zanzibar was above the poverty line.

The standard work week is 45 hours, with a maximum of nine hours per day or six days per week. Any work in excess of these limits should be compensated with overtime pay at one-and-a-half times the employee’s regular wage. Under most circumstances, it is illegal to schedule pregnant or breastfeeding women for work between 10 p.m. and 6 a.m.

The law states employees with 12 months of employment are entitled to 28 days of paid annual leave, and it requires employee compensation for national holidays. The law prohibits excessive or compulsory overtime, and it restricts required overtime to 50 hours in a four-week period or in accordance with previously negotiated work contracts. The law requires equal pay for equal work.

Several laws regulate occupational safety and health (OSH) standards in the workplace. According to TUCTA, OSH standards are appropriate for the main industries and enforcement of these standards had been improving, but challenges remained in the private sector. In March the National Audit Office released a follow-up report on a 2013 performance audit on the management of occupational health and safety in the country. The audit found the vast majority of recommendations had been fully implemented.

OSH standards, however, were not effectively enforced in the informal economy. The Occupational Safety and Health Authority did not employ sufficient inspectors. By law workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively enforce this protection.

Workers may sue an employer if their working conditions do not comply with the Ministry of Labor’s health and environmental standards. Disputes were generally resolved through the Commission for Mediation and Arbitration. There were no exceptions for foreign or migrant workers.

Many workers did not have employment contracts and lacked legal protections. The LHRC reported many workers did not have written contracts, and those who did were often not provided with written copies of their contract. Additionally, employers often kept copies of the contracts that differed from the versions given to the employees. Companies frequently used short-term contracts of six months or less to avoid hiring organized workers with labor protections.

The government did not effectively enforce labor standards, particularly in the informal sector, where the majority of workers were employed. Penalties were insufficient to deter violations. The number of inspectors was insufficient to deter violations.

In dangerous industries such as construction, employees often worked without protective equipment such as helmets, gloves, or harnesses. According to a 2008 Accident Notification Survey (latest available), the sectors with the highest rates of fatal accidents were construction and building, transport, and mining and quarrying. Domestic workers were reportedly frequent victims of abuse.

Rape and Domestic Violence: Rape of men and women is illegal, although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines.

NGOs asserted rape was a serious problem and welcomed an amendment to the Penal Code enacted in May that struck down an earlier provision allowing sexual-assault offenders younger than age 18 to avoid prosecution by marrying their victim. The amendment replaces the marital option with a new procedure in which youth offenders can avoid prosecution only after successfully completing a rehabilitation program administered by the youth and family court. NGOs expressed concern, however, that the amendment narrowed the definition of rape to acts in which male sex organs were used to physically violate victims, thereby leaving victims assaulted by perpetrators using other body parts or inanimate objects without legal remedies.

NGOs also maintained that victims underreported rapes and domestic assaults, in part due to a lack of understanding by authorities that impeded effective implementation of the law regarding violence against women.

According to NGOs the agencies tasked with addressing the problem were underfunded, and victims often perceived police as incapable of bringing perpetrators to justice.

Domestic violence against women was a significant problem. The Ministry of Public Health operated one-stop crisis centers to provide information and services to victims of physical and sexual abuse throughout the country. The law establishes measures designed to facilitate both the reporting of domestic violence complaints and reconciliation between the victim and the perpetrator. Moreover, the law restricts media reporting on domestic-violence cases in the judicial system. NGOs expressed concern the law’s family unity approach puts undue pressure on a victim to compromise without addressing safety issues and led to a low conviction rate.

Authorities prosecuted some domestic-violence crimes under provisions for assault or violence against a person, where they could seek harsher penalties. Women’s rights groups reported domestic violence frequently went unreported, however, and police often were reluctant to pursue reports of domestic violence. The government operated shelters for domestic-violence victims, one in each province. The government’s crisis centers, located in all state-run hospitals, cared for abused women and children.

The Ministry of Social Development and Human Security continued to develop a community-based system, operating in all regions of the country, to protect women from domestic violence. The program focused on training representatives from each community on women’s rights and abuse prevention to increase community awareness.

Female Genital Mutilation/Cutting (FGM/C): No specific law prohibits this practice. NGOs reported that FGM/C occurred in the Muslim-majority south, although statistics were unavailable. There were no reports of governmental efforts to prevent or address the practice.

Sexual Harassment: Sexual harassment is illegal in both the public and private sectors. The law specifies maximum fines of THB 20,000 ($666) for those convicted of sexual harassment, while abuse categorized as an indecent act may result in a maximum 15 years’ imprisonment and a maximum fine of THB 30,000 ($1,000). The law governing the civil service also prohibits sexual harassment and stipulates five levels of punishment: probation, docked wages, salary reduction, suspension, and termination. NGOs claimed the legal definition of harassment was vague and prosecution of harassment claims difficult, leading to ineffective enforcement of the law.

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

Discrimination: The 2017 constitution provides that “men and women shall enjoy equal rights and liberties. Unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or political view, shall not be permitted.”

The Ministry of Social Development and Human Security took steps to implement legislation mandating gender equality by allocating funding to increase awareness about the law and promote gender education and equality, and by hearing from complainants who experienced gender discrimination. Since 2015 the Ministry of Social Development and Human Security has received 41 complaints and issued judgement in 24 cases. The majority of cases related to transgender persons facing discrimination (see subsection on Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity, below). Human rights advocates expressed concern about lengthy delays in reviewing individual discrimination complaints and a lack of awareness among the public and within the ministry’s provincial offices.

Women generally enjoy the same legal status and rights as men, but sometimes experienced discrimination particularly in employment. The law imposes a maximum jail term of six months or a maximum fine of THB 20,000 ($666) or both, for anyone convicted of gender discrimination. The law mandates nondiscrimination based on gender and sexual identity in policy, rule, regulation, notification, project, or procedures by government, private organizations, and any individual, but it also stipulates two exceptions criticized by civil society groups: religious principles and national security.

Women were unable to confer citizenship to their noncitizen spouses in the same way as male citizens.

Women comprised approximately 9 percent of the country’s military personnel. Ministry of Defense policy limits the percentage of female officers to not more than 25 percent in most units, with specialized hospital or medical, budgetary, and finance units permitted 35 percent. Military academies (except for the nursing academy) refused admission to female students, although a significant number of instructors were women.

Since September 2018, women have been barred from applying to the police academy. Activists criticized this as contrary to the aims of legislation promoting gender equality, and formally petitioned the Office of the Ombudsman to urge the decision be revisited. Separately, the RTP listed “being a male” as a requirement in an employment announcement for new police investigators; the NHRCT and the Association of Female Police Investigators objected publicly to this announcement. In media reports the RTP cited the need for this requirement given that police investigations require hard work and the perception that female officers take frequent sick leave or abruptly resign.

Birth Registration: Citizenship is conferred at birth if at least one parent is a citizen. Birth within the country does not automatically confer citizenship, but regulations entitle all children born in the country to birth registration, which qualifies them for certain government benefits regardless of citizenship (see section 2.d.). The law stipulates every child born in the country receive an official birth certificate regardless of the parents’ legal status. Many parents did not obtain birth certificates for their children due to administrative complexities and a lack of recognition of the importance of the document. In the case of hill-tribe members and other stateless people, NGOs reported misinformed or unscrupulous local officials, language barriers, and restricted mobility made it difficult to register births.

Education: An NCPO order provides that all children receive free “quality education for 15 years, from preschool to the completion of compulsory education,” which is defined as through grade 12. NGOs reported children of registered migrants, unregistered migrants, refugees, or asylum seekers had limited access to government schools.

Child Abuse: The law provides for the protection of children from abuse, and laws on rape and abandonment carry harsher penalties if the victim is a child. The penalties for raping a child younger than age 15 range from four to 20 years’ imprisonment and fines between THB 80,000 ($2,670) and 400,000 ($13,300). Those convicted of abandoning a child younger than age nine are subject to a jail term of three years, a fine of up to THB 60,000 ($2,000), or both. The law provides for protection of witnesses, victims, and offenders younger than 18 years in abuse and pedophilia cases. According to advocacy groups, police showed reluctance to investigate abuse cases, which in turn impacted prosecutorial outcomes.

Early and Forced Marriage: The minimum legal age for marriage for both sexes is 17, while anyone younger than 20 requires parental consent. A court may grant permission for children between age 15 and 16 to marry.

Girls Not Brides, an international NGO, reported that 23 percent of girls in the country are married before their 18th birthday and 4 percent are married before age 15, according to statistics from 2015-2016, the most recent available.

In the Muslim-majority southernmost provinces, Islamic law used for family matters and inheritance allows the marriage of young girls after their first menstrual cycle with parental approval. Child rights advocates and journalists reported it was common for Malaysian men to cross into southern Thailand to engage in underage marriages. In December 2018, the Islamic Committee of Thailand raised the minimum age for Muslims to marry from 15 to 17 years old. Under the new regulation, however, a Muslim younger than the age of 17 can still marry with a written court order or written parental consent, which will be considered by a special subcommittee of three members, of which at least one member must be a woman with knowledge of Islamic laws.

Sexual Exploitation of Children: The law provides heavy penalties for persons who procure, lure, compel, or threaten children younger than 18 for the purpose of prostitution, with higher penalties for persons who purchase sexual intercourse with a child younger than 15. Authorities may punish parents who allow a child to enter into prostitution and revoke their parental rights. The law prohibits the production, distribution, import, or export of child pornography. The law also imposes heavy penalties on persons convicted of sexually exploiting persons younger than 18, including for pimping, trafficking, and other sexual crimes against children.

Child sex trafficking remained a problem and the country continued to be a destination for child sex tourism, although the government continued to make efforts to combat the problem. Children from migrant populations, ethnic minorities, and poor families remained particularly vulnerable, and police arrested parents who forced their children into prostitution. Citizens and foreign sex tourists committed pedophilia crimes, including the commercial sexual exploitation of children, and production and distribution of child pornography.

The government made efforts throughout the year to combat the sexual exploitation of children, including opening two new child advocacy centers in Ubon Ratchathani and Kanchanaburi provinces, adding to existing centers in Chiang Mai, Pattaya, and Phuket that allow for developmentally appropriate interviews of child victims and witnesses. The centers allowed both forensic interviewing and early social-service intervention in cases of child abuse, trafficking, and exploitation. The multiagency Thailand Internet Crimes against Children Task Force continued to accelerate its operations, leveraging updated regulations and investigative methods to track internet-facilitated child exploitation.

Displaced Children: Authorities generally referred street children to government shelters located in each province, but foreign undocumented migrants avoided the shelters due to fear of deportation. As of September 2018 the government reported 4,323 street children sought shelter nationwide. In July 2019, the NGO Foundation for the Better Life of Children reported approximately 50,000 children were living on the streets, 20,000 of them foreign born. The government generally sent citizen street children to school, occupational training centers, or back to their families with social-worker supervision. The government repatriated some street children who came from other countries.

Institutionalized Children: There were limited reports of abuse in orphanages or other institutions.

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 resident Jewish community is very small, and there were no reports of anti-Semitic acts. During the year Nazi symbols and figures were sometimes displayed on merchandise and used in advertising. Pitchayapha Natha from the teen-pop group BNK48 was criticized after wearing a T-shirt bearing a Nazi swastika. The incident happened a few days before International Holocaust Remembrance Day, and Pitchayapha later apologized for the incident.

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

The 2017 constitution prohibits discrimination based on disability and physical or health conditions. The law provides tax benefits to employers employing a certain number of disabled persons. The tax revenue code provided special income-tax deductions to promote employment of persons with disabilities.

The government modified many public accommodations and buildings to accommodate persons with disabilities, but government enforcement was not consistent. The law mandates persons with disabilities have access to information, communications, and newly constructed buildings, but authorities did not uniformly enforce these provisions. The law entitles persons with disabilities who register with the government to free medical examinations, wheelchairs, and crutches.

The government’s Community-based Rehabilitation Program and the Community Learning Center for People with Disabilities project operated in all provinces. The government provided five-year, interest-free, small-business loans for persons with disabilities.

The government maintained dozens of separate schools and education centers for children with disabilities and operated occupational and career development centers for adults with disabilities. The law requires all government schools nationwide to accept students with disabilities, and a majority of schools taught students with disabilities during the year. The government also operated shelters and rehabilitation centers specifically for persons with disabilities, including day-care centers for autistic children.

Disabled persons’ organizations (DPOs) reported difficulty in accessing information about a range of public services, as well as political platforms in advance of elections.

Some disability rights activists alleged that government officials, including from the National Office for Empowerment of Persons with Disabilities at the Ministry of Social Development and Human Security, and private companies often contract with DPOs to recruit employees with disabilities, an arrangement that can allow dishonest officials and DPO staff to keep a portion of the wages intended for those workers.

Two groups–former Chinese civil-war belligerents and their descendants living in the country for several decades, and children of Vietnamese immigrants residing in 13 northeastern provinces–lived under laws and regulations restricting their movement, residence, education, and access to government employment. A law confines the Chinese group to residence in the northern provinces of Chiang Mai, Chiang Rai, and Mae Hong Son.

Noncitizen members of hill tribes faced restrictions on their movement, could not own land, had difficulty accessing bank credit, and faced discrimination in employment. Although labor laws give them the right to equal treatment as employees, employers often violated those rights by paying them less than their citizen coworkers and less than minimum wage. The law also limits noncitizens in their choice of occupations. The law further bars them from government welfare services but affords them limited access to government-subsidized medical treatment.

The law provides citizenship eligibility to certain categories of hill tribes who were not previously eligible (see section 2.d.). The government supported efforts to register citizens and educate eligible hill tribe members about their rights.

No laws criminalize expression of sexual orientation or consensual same-sex sexual conduct between adults.

The lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that police treated LGBTI victims of crime the same as other persons except in the case of sexual crimes, where there was a tendency to downplay sexual abuse or not to take harassment seriously.

The law does not permit transgender persons to change their gender on identification documents, which, coupled with societal discrimination, limited their employment opportunities.

The UN Development Program (UNDP) and NGOs reported that LGBTI persons experienced discrimination, particularly in rural areas. The UNDP also reported media represented LGBTI persons in stereotypical and harmful ways resulting in discrimination.

Legislation mandating gender equality prohibits discrimination “due to the fact that the person is male or female or of a different appearance from his or her own sex by birth” and protects transgender students from discrimination. The country’s fourth national human rights plan, covering the period 2019-2023, is currently under revision by the Office of the National Economic and Social Development Board; the current 2014-2018 plan included steps for protecting the rights of “persons with different sexual orientation/gender identities.”

NGOs and the United Nations reported transgender persons faced discrimination in various sectors, including in the military conscription process, while in detention, and because of strict policies in place at most schools and universities which require students to wear uniforms that align with their biological gender. If university or school uniform codes are not followed, students may be denied graduation documents, have their grades deducted, or both.

In May the Ministry of Education introduced a new curriculum incorporating discussion of sexual orientation and gender diversity for grades one-12; this followed two years of advocacy by the LGBTI community.

There was some commercial discrimination based on sexual orientation and gender identity.

Some social stigma remained for persons with HIV/AIDS despite intensive educational efforts by the government and NGOs. There were reports some employers refused to hire persons who tested positive for HIV.

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides that a person shall enjoy the liberty to unite and form an association, cooperative, union, organization, community, or any other group. Labor laws guarantee the rights of workers in private-sector and state-owned enterprises (SOE) to organize trade unions and engage in collective bargaining. Civil servants have the liberty to assemble as a group, provided that such assembly does not affect the efficiency of national administration and continuity of public services and does not have a political objective.

Among wage and salary workers, 3.5 percent are unionized and only 34 out of 77 provinces have labor unions.

The law allows private-sector workers to form and join trade unions of their choosing without prior authorization, to bargain collectively, and to conduct legal strikes, although these rights come with restrictions. For example, workers have the rights to strike legally if they have notified the authorities 24 hours in advance, if a demonstration is not on public roads, and if it does not violate any laws.

When bargaining collectively, workers can submit a set of demands through the union if at least one-fifth of the workforce are members of that union; or at workplaces without a union, if they have signatures from at least 15 percent of the workforce. Under the law, only workers with the same employer or in the same industry may form a union. Contract workers, even if working in the same factory and doing the same job as full-time workers, cannot join the union because they are classified as belonging to the service industry while full-time workers come under the “manufacturing industry.” Nevertheless, the law makes contract workers eligible for the same benefits as those enjoyed by union members. The inability for contract workers and full-time workers to join the same union could diminish the benefits of bargaining collectively as a larger group. In addition, short-term contract workers are less likely to join unions for fear of losing their jobs. Labor advocates claim that many companies hire contract workers to undermine unionization efforts. A survey of the auto-parts and electronics industries found that more than 45 percent of the workforce consists of contract workers, and about half of them have short-term contracts.

The law allows one union per SOE. Banks, trains, airlines, airports, marine ports, and postal services are among those industries owned by SOEs. If an SOE union’s membership falls below 25 percent of the eligible workforce, regulations require dissolution of the union.

The law restricts formal links between unions of SOEs and their private-sector counterparts because they are governed by two separate laws.

The law allows employees at workplaces without a union to submit collective demands if at least 15 percent of employees are listed as supporting that demand. Employees in private enterprises with more than 50 workers may establish “employee committees” to represent workers’ financial interests and to negotiate with employers; employees may also form “welfare committees” to represent workers’ non-financial interests. Employee and welfare committees may offer employers suggestions but are barred from submitting labor demands or going on strike. The law prohibits employers from taking adverse employment actions against workers for their participation in these committees and from obstructing the work of the committees. Union leaders often join employee and welfare committees to avail themselves of this legal protection. Within 11,600 enterprises which have more than 50 workers in the country, there are 1,689 labor unions, 14,888 welfare committees, and 739 employee committees. NGOs report that welfare committees are uncommon in the border regions where the majority of workers are migrants.

The government may block private-sector strikes with national security implications or with negative repercussions on the population at large, but it did not invoke this provision during the year.

Strikes and lockouts are prohibited at SOEs and penalties for violations include imprisonment, fines, or both.

In March 2018 the Supreme Court ordered seven union leaders of the State Railway of Thailand (SRT) to pay a fine of THB 15 million ($500,000) plus accrued interest for leading an illegal strike after a train derailment in 2009 despite the finding of the International Labor Organization (ILO) that union leaders’ actions were in line with international standards on the role of unions in occupational safety and health (OSH). To execute the court order, the SRT in November 2018 started to garnish the wages and seize the assets of union leaders. In addition, several SRT union leaders were charged with corruption and face imprisonment of up to 10 years and fines. In October the NACC filed criminal corruption charges against the seven union leaders. If convicted, the leaders could potentially face up to five years in prison.

Noncitizen migrant workers, whether registered or undocumented, do not have the right to form unions or serve as union officials. Migrants can join unions organized and led by Thai citizens. Migrant-worker participation in unions is low due to language barriers, weak understanding of legal rights, frequent changes in employment status, membership fees, restrictive union regulations, and segregation of citizen workers from migrant workers by industry and by zones (particularly in border and coastal areas). In practice, unregistered associations, community-based organizations, and religious groups often represent the interests of migrant workers. In workplaces where the majority of workers are migrants, migrant workers are sometimes elected to the welfare committees and employee committees. Migrant workers are allowed to make collective demands if they obtain the names and signatures of at least 15 percent of employees. NGOs reported few cases, however, where migrant workers’ collective demands were successful in effecting change, particularly along the border areas.

The law does not protect union members against antiunion actions by employers until their union is registered. To register a union, at least 10 workers must submit their names to the Department of Labor Protection and Welfare (DLPW). The verification process of vetting the names and employment status with the employer exposes the workers to potential retaliation before registration is complete. Moreover, the law requires that union officials be full-time employees of the company or SOE and prohibits permanent union staff.

The law protects employees and union members from criminal or civil liability for participating in negotiations with employers, initiating a strike, organizing a rally, or explaining labor disputes to the public. The law does not protect employees and union members from criminal charges for reputational damage, however, and NGOs report that reputational damage charges are sometimes used to intimidate union members and employees. The law also does not prohibit lawsuits intended to censor, intimidate, or silence critics through costly legal defense. In March the government amended the Criminal Procedure Code to protect defendants in frivolous libel cases from prosecution. Under this amended law, a court may dismiss a defamation lawsuit if it is considered dishonest. Human rights defenders hope this amendment will help minimize strategic litigation against workers and provide protection for honest whistleblowers. In June human rights lawyers assisted five migrant workers in filing a retaliatory lawsuit claiming compensation for lost wages, reputational damage, and legal fees after the courts dismissed the employer’s lawsuit against the migrant workers on charges of illegal entry, illegal stay, and theft.

The law prohibits termination of employment of legal strikers but permits employers to hire workers or use subcontract workers to replace strikers. The legal requirement to call a general meeting of trade union members and obtain strike approval by at least 50 percent of union members constrained strike action, given that many factories use shift workers, making it difficult to make a quorum.

Labor-law enforcement was inconsistent and in some instances ineffective in protecting workers who participated in union activities. Employers may dismiss workers for any reason except participation in union activities, provided the employer pays severance. There were reports of workers dismissed for engaging in union activities, both before and after registration; in some cases, labor courts ordered workers reinstated. Labor courts or the Labor Relations Committee may make determinations on complaints of unfair dismissals or labor practices and may require compensation or reinstatement of workers or union leaders with wages and benefits equal to those received prior to dismissal. The Labor Relations Committee consists of representatives of employers, government, and workers groups, and there are associate labor court judges who represent workers and employers. There were reports employers attempted to negotiate terms of reinstatement after orders were issued, offering severance packages for voluntary resignation, denying reinstated union leaders access to work, or demoting workers to jobs with lower wages and benefits.

In some cases, judges awarded compensation in lieu of reinstatement when employers or employees claimed they could not work together peacefully; however, authorities rarely applied penalties for conviction of labor violations, which include imprisonment, a fine, or both. Penalties were insufficient to deter violations. Labor inspection increasingly focused on high-risk workplaces and the use of intelligence from civil society partners. Labor inspections, however, remained infrequent and the number of labor inspectors and resources were inadequate given the size of the workforce. Trade-union leaders suggested that inspectors should move beyond perfunctory document reviews toward more proactive inspections. Rights advocates reported that provincial-level labor inspectors often attempted to mediate cases, even when labor rights violations requiring penalties had been found.

There were reports employers used various techniques to weaken labor-union association and collective-bargaining efforts. These included replacing striking workers with subcontractors, which the law permits as long as strikers continue to receive wages; delaying negotiations by failing to show up at Labor Relations Committee meetings or sending non-decision makers to negotiate; threatening union leaders and striking workers; pressuring union leaders and striking workers to resign; dismissing union leaders, ostensibly for business reasons, violation of company rules, or negative attitudes toward the company; prohibiting workers from demonstrating in work zones; inciting violence, then using a court order to clamp down on protests; transferring union leaders to other branches, thus making them ineligible to participate in employee or welfare committees; transferring union leaders and striking workers to different, less desirable positions or stripping them of management authority; and supporting the registration of competing unions to circumvent established, uncooperative unions.

Employers sometimes filed lawsuits against union leaders and strikers for trespass, defamation, and vandalism. For instance, in 2015 the central labor court ordered four union leaders of Thai Airways to pay claims of damages in the amount of THB 326 million ($10,900,000) for causing reputational damage; the case is now pending a Supreme Court decision. The ILO expressed concern that the court decision ran counter to the principles of freedom of association, and that the excessive damages awarded were likely to have an intimidating effect on the Thai Airways Union and inhibit their legitimate union activities. Human rights defenders said lawsuits like these and threats to terminate the employment of union leaders had a chilling effect on freedoms of expression and association (also see section 7.b.).

NGOs and labor advocates reported incidents where their staff were followed or threatened by employers after they had been seen advocating for labor rights.

The law prohibits forced or compulsory labor, except in the case of national emergency, war, martial law, or imminent public calamity. The prescribed penalties for human trafficking were sufficient to deter violations. The government amended the Anti-Trafficking in Persons Act for the third time in five years. The new amendment defined forced labor as a stand-alone offense, and guaranteed access to services and protections for forced-labor victims similar to services and protections for human-trafficking victims. It also applied the same penalties when forced labor victims were seriously injured or killed. To implement the amendment, government agencies and non-government groups worked on revisions of subordinate regulations, victim-identification guidelines, and standard operating procedures. The Ministry of Social Development and Human Security, the Ministry of Labor, and the Office of Attorney General organized training workshops for law enforcement and multidisciplinary teams to understand the changes to the law.

There were many reports that forced labor continued in fishing, agriculture, domestic work, and begging. The government did not effectively enforce the law. Penalties were not sufficient to deter violations.

NGOs acknowledged a decline in the most severe forms of labor exploitation in the fishing sector. Some NGOs, however, point to inconsistencies in enforcing labor laws, particularly around irregular or delayed payment of wages, illegal wage deductions, illegal recruitment fees, withholding of documents, and not providing written contracts in a language that workers understand. In March the government for the first time began to award accident compensation for all migrant fishery workers regardless of registration status.

Labor rights groups reported that some employers sought to prevent migrant workers from changing jobs or forced them to work by delaying wages, burying them in debt, or accusing them of theft. NGOs reported cases where employers colluded to blacklist workers who reported labor violations, joined unions, or changed jobs.

The government and NGOs reported a significant increase in the number of trafficking victims identified among smuggled migrants, particularly from Burma. Most of those cases involved transnational trafficking syndicates both in Thailand and in the country of origin. Many victims were subjected to deception, detention, starvation, human branding, and abuse during their journey. Traffickers sometimes destroyed the passports and identity documents of victims. Some victims were sold to different smugglers and subjected to debt bondage.

Private companies continued to pursue civil and criminal lawsuits against workers, NGOs, and journalists (also see section 7.a.). Since 2016, Thammakaset, a poultry farm owner in Lopburi Province, has filed 13 criminal and civil cases against 14 former employees, labor rights activists, and journalists on various charges such as criminal defamation, theft of timecards, and computer crime, most recently in May. Authorities and courts dismissed most of these complaints and ordered Thammakaset to pay THB 1.7 million ($56,600) in compensation for back wages, overtime, and holiday pay to 14 former employees for labor-law violations. As of September some of these cases were still pending a court decision.

The ILO noted that the law allowed for forced prison labor in several circumstances, including as punishment for participating in strikes or for holding or expressing certain political views.

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

The law does not prohibit all of the worst forms of child labor. The law protects children from child trafficking, commercial sexual exploitation, use in illicit activities, and forced labor, but does not meet the international standard for prohibiting military recruitment of children by non-state armed groups. The law regulates the employment of children under age 18 and prohibits employment of children under 15. Children under 18 are prohibited from work in any activity involving metalwork, hazardous chemicals, poisonous materials, radiation, extreme temperatures, high noise levels, toxic microorganisms, operation of heavy equipment, and work underground or underwater. The law also prohibits children under 18 from workplaces deemed hazardous, such as slaughterhouses, gambling establishments, places where alcohol is sold, massage parlors, entertainment venues, sea-fishing vessels, and seafood processing establishments. As such, children ages 15 to 17 may legally engage in hazardous “home work” (work assigned by the hirer of an industrial enterprise to a homeworker to be produced or assembled outside of the workplace). The law provides limited coverage to child workers in some informal sectors, such as agriculture, domestic work, and home-based businesses. Self-employed children and children working outside of employment relationships, defined by the existence of an agreement or contract and the exchange of work against pay, are not protected under the national labor law, but they are protected under laws on child protection and trafficking in persons. Children participating in paid and non-paid Muay Thai (Thai boxing) competitions, however, are not protected under national labor law, and it is unclear whether child-protection legislation sufficiently protects child Muay Thai participants.

Penalties for violations of the law may include imprisonment or fines and have been largely effective as a deterrent. Parents of victims whom the court finds were “driven by unbearable poverty” can be exempt from penalties.

Government and private-sector entities used bone-density checks and dental examinations in an effort to identify potentially underage job applicants. Such tests, however, were not always conclusive. Labor inspectors used information from civil society to target inspections for child labor and forced labor.

Civil society and international organizations reported few cases of child labor in manufacturing, fishing, shrimping, and seafood processing. They attributed the decline to legal and regulatory changes in 2014 that expanded the number of hazardous-job categories in which children under 18 were prohibited from working and that in 2017 increased penalties for the use of child laborers.

NGOs, however, reported that some children from Thailand, Burma, Cambodia, Laos, and ethnic minority communities were working in informal sectors and small businesses, including farming, home-based businesses, restaurants, street vending, auto services, food processing, construction, domestic work, and begging. Some children were forced to work in prostitution, pornography, begging, and the production and trafficking of drugs (see section 6, Children). The Thailand Internet Crimes against Children task force investigated 19 cases of child-sex trafficking and 60 cases of possession of child-pornographic materials.

The government did not effectively enforce the law. The DLPW is the primary agency charged with enforcing child-labor laws and policies. In 2018 the government increased the number of labor inspectors and interpreters. During the year, 94 percent of labor inspections were targeted at fishing ports and high-risk workplaces including garment factories, shrimp and seafood processing, poultry and pig farms, auto repair shops, construction sites, and in service-sector businesses like restaurants, karaoke bars, hotels, and gas stations. The DLPW identified 99 cases involving 206 alleged violations of child-labor laws. In the majority of cases, employers were cited for failing to notify DLPW of employing children ages 15 to 18. Only 16 cases of underage child labor were found. Penalties were not sufficient to deter violations.

Observers noted several limiting factors in effective enforcement of child-labor laws, including insufficient labor inspectors, insufficient interpreters during labor inspections, ineffective inspection procedures (especially in hard-to-reach workplaces like private residences, small family-based business units, farms, and fishing boats), and a lack of official identity documents among young migrant workers from neighboring countries. A lack of public understanding of child-labor laws and standards was also an important factor.

In June the government published its first national working-children survey, using research methodology in line with international guidelines. This survey was the product of cooperation among the Ministry of Labor, the National Statistical Office (NSO), and the ILO. The survey revealed that of 10.47 million children ages 5 to 17, 3.9 percent were working children, including 1.7 percent who were child laborers (exploited working children)–1.3 percent in hazardous work, and an additional 0.4 percent in non-hazardous work. The majority of child laborers were doing hazardous work in household or family businesses (55 percent), in the areas of agriculture (56 percent), service trades (23 percent), and manufacturing (20 percent). Boys were in child labor more than girls and more than half of child laborers were not in school. Of the top three types of hazardous work which children performed in the country, 22 percent involved lifting heavy loads, 8 percent working in extreme conditions or at night, and 7 percent being exposed to dangerous chemicals and toxins.

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 .

Labor laws do not specifically prohibit discrimination in the workplace. The law does impose penalties of imprisonment or fines for anyone committing gender or gender-identity discrimination, including in employment decisions. A law requires workplaces with more than 100 employees to hire at least one worker with disabilities for every 100 workers.

Discrimination with respect to employment occurred against LGBTI persons, women, and migrant workers (also see section 7.e.). Government regulations require employers to pay equal wages and benefits for equal work, regardless of gender. Union leaders stated the wage differences for men and women were generally minimal and were mostly due to different skills, duration of employment, and types of jobs, as well as legal requirements which prohibit the employment of women in hazardous work. Nonetheless, a 2016 ILO report on migrant women in the country’s construction sector found female migrant workers consistently received less than their male counterparts, and more than half were paid less than the official minimum wage, especially for overtime work (see also section 6, Women).

In September 2018 the police cadet academy announced it would no longer admit female cadets. This decision was widely criticized as discriminatory and detrimental to the ability of the police force to identify some labor violations against women. Discrimination against persons with disabilities occurred in employment, access, and training. Advocacy groups for the rights of persons with disabilities filed a complaint on embezzlement and illegal deduction of wages from workers with disabilities in April. The case is under investigation by the Public Sector Anti-Corruption Commission.

Members of the LGBTI community faced frequent discrimination in the workplace, partly due to common prejudices and a lack of protective laws and policies on discrimination. Transgender workers reportedly faced even greater constraints, and their participation in the workforce was often limited to a few professions, such as cosmetology and entertainment.

The minimum wage was three times higher than the government-calculated poverty line.

The maximum workweek by law is 48 hours, or eight hours per day over six days, with an overtime limit of 36 hours per week. Employees engaged in “dangerous” work, such as the chemical, mining, or other industries involving heavy machinery, may work a maximum of 42 hours per week and may not work overtime. Petrochemical industry employees may not work more than 12 hours per day but may work continuously for a maximum period of 28 days.

The law requires safe and healthy workplaces, including for home-based businesses, and prohibits pregnant women and children younger than 18 from working in hazardous conditions. The law also requires the employer to inform employees about hazardous working conditions prior to employment. Workers do not have the right to remove themselves from situations that endangered health or safety without jeopardy to their employment.

Legal protections do not apply equally to all sectors. For example, the daily minimum wage does not apply to employees in the public sector, SOEs, domestic work, nonprofit work, and seasonal agricultural work. Ministerial regulations provide household domestic workers some protections regarding leave, minimum age, and payment of wages, but they do not address minimum wage, regular working hours, social security, or maternity leave. NGOs reported contract workers in the public sector received wages below minimum wage as they were governed by separate laws.

A large income gap remained between formal and informal employment, with workers in nonagricultural sectors earning three times that of those in the agricultural sector, on average. According to government statistics, 55 percent of the labor force worked in the informal economy, with limited protection under labor laws and the social security system.

The ILO and many NGOs reported that daily minimum wages, overtime, and holiday-pay regulations were not well enforced in small enterprises, in certain areas (especially rural or border areas), or in certain sectors (especially agriculture, construction, and sea fishing). Labor unions estimated 5-10 percent of workers received less than the minimum wage; however, the share of workers who received less than minimum wage was likely higher among unregistered migrant workers and in the border region. Unregistered migrant workers rarely sought redress under the law due to their lack of legal status and the fear of losing their livelihood. In September police raided and interviewed hundreds of workers in medium-size garment factories in Mae Sot along the Burma border after the media reported that workers were paid less than the daily minimum wage. Labor inspectors under the Department of Labor Protection and Welfare then demanded that employers in those factories pay back wages to workers as required by the law.

The DLPW enforces laws related to labor relations and occupational safety and health. The law subjects employers to fines and imprisonment for minimum-wage noncompliance, but the government did not effectively enforce the law and penalties were insufficient to deter violations. There were many reports during the year of minimum-wage noncompliance which went to mediation, where workers settle for owed wages lower than the daily minimum wage. The DLPW issued orders to provincial offices in 2018 prohibiting labor inspectors from settling cases where workers received wages and benefits less than that required under the law.

Convictions for violations of occupational safety and health (OSH) regulations include imprisonment and fines; however, the number of OSH experts and inspections was insufficient, with most inspections only taking place in response to complaints. The number of labor inspectors was insufficient for the size of the workforce as well. Union leaders estimated only 20 percent of workplaces, mostly large factories owned by international companies, complied with government OSH standards. Workplace safety instructions as well as training on workplace safety were mostly in Thai, likely contributing to higher incidence of accidents among migrant workers.

Medium-sized and large factories often applied government health and safety standards, but overall enforcement of safety standards was lax, particularly in the informal economy and among smaller businesses. NGOs and union leaders noted that ineffective enforcement was due to insufficient qualified inspectors, an overreliance on document-based inspection (instead of workplace inspection), a lack of protection against retaliation for workers complaints, a lack of interpreters, and a failure to impose effective penalties on noncompliant employers. The Ministry of Labor hired and trained more inspectors and foreign-language interpreters in 2018. The interpreters were assigned primarily to fishing-port inspection centers, multidisciplinary human-trafficking teams, and provincial labor offices with a high density of migrant workers.

The country provides universal health care for all citizens, and social security and workers’ compensation programs to insure employed persons in cases of injury or illness and to provide maternity, disability, death, child-allowance, unemployment, and retirement benefits. Registered migrant workers in both the formal and informal labor sectors and their dependents are also eligible to buy health insurance from the Ministry of Public Health.

NGOs reported that many construction workers, especially subcontracted workers and migrant workers, were not in the social-security system or covered under the workers’ compensation program, despite legal requirements. While the social-security program is mandatory for employed persons, it excludes workers in the informal sectors. Workers employed in the informal sector, those in temporary or seasonal employment, and the self-employed, may contribute voluntarily to the workers’ compensation program and receive government matching funds.

In March the Ministry of Labor issued regulations providing workers compensation to all workers except vendors and domestic workers. Labor-union leaders reported, however, that compensation for work-related illnesses was rarely granted because the connection between the health condition and the workplace was often difficult to prove.

In November a new labor-protection law for workers in the fishing industry came into effect. It required workers to have access to health-care and social-security benefits, and for vessels with deck size over 300 tonnage gross or which go out more than three days at a time to provide adequate living conditions for workers. Social-security benefits and other parts of the law, however, were not enforced pending approval of subordinate laws by the Council of State. The existing government requirements are for registered migrant fishery workers to buy health insurance and for vessel owners to contribute to the workers’ compensation fund. In August, NGOs reported the first case where a fishery migrant worker holding a border-pass became eligible for accident compensation. The lack of sufficient occupational safety and health training in the migrant workers’ language, of inspections by OSH experts, of first aid, and of reliable systems to ensure timely delivery of injured workers to hospitals after serious accidents, increased the vulnerability of fishery workers. During the year, NGOs reported several cases where the navy rescued fishery workers who had been in accidents at sea.

NGOs reported poor working conditions and lack of labor protections for migrant workers, including those near border-crossing points. In July 2018 the Royal Ordinance Concerning the Management of Foreign Workers’ Employment went into effect. The decree provides for civil penalties for employing or sheltering unregistered migrant workers, while strengthening worker protections by prohibiting Thai employment brokers and employers from charging migrant workers additional fees for recruitment. The decree also bans subcontracting and prohibits employers from holding migrant workers’ documents. It outlaws those convicted of violating labor and anti-trafficking-in-persons laws from operating employment agencies. In October the Chiang Mai provincial court sentenced an employer who retained the personal documents of migrant employees to one month in prison and a fine of THB 10,000 ($333), but the penalties were later reduced to 15 days’ imprisonment and a fine of THB 5,000 ($167).

Labor-brokerage firms used a “contract labor system” under which workers sign an annual contract. By law businesses must provide contract laborers “fair benefits and welfare without discrimination;” however, employers often paid contract laborers less and provided fewer or no benefits.

Department of Employment regulations limit the maximum charges for recruitment fees, but effective enforcement of the rules was hindered by workers’ unwillingness to provide information and the lack of documentary evidence regarding underground recruitment, documentation fees, and migration costs. Exploitative employment-service agencies persisted in charging citizens working overseas illegal recruitment fees as high as THB 500,000 ($16,700), that frequently equaled two years of earnings. NGOs reported that workers would often borrow this money at exorbitant interest rates from informal moneylenders.

In 2018, the latest year for which data were available, there were 86,297 reported incidents of accidents or work-related diseases. Of these, 2 percent resulted in organ loss, disability, or death. The Social Security Office reported most serious workplace accidents occurred in manufacturing, wholesale retail trade, construction, transportation, hotels, and restaurants. Observers said workplace accidents in the informal and agricultural sectors and among migrant workers were underreported. Employers rarely diagnosed or compensated occupational diseases, and few doctors or clinics specialized in them.

Rape and Domestic Violence: Rape, including marital rape, is a crime punishable by up to 20 years in prison. The law broadly covers all forms of domestic violence. Penalties for “mistreatment of a spouse” include two to six years’ imprisonment; however, prosecutors frequently used a different article in domestic violence cases (“simple offenses against physical integrity”), which carries a sentence of up to three years in prison.

Failures to investigate or prosecute cases of alleged rape and sexual abuse were common. The PNTL’s vulnerable persons units generally handled cases of domestic violence and sexual crimes, but they did not have enough staff to provide a significant presence in all areas of the country.

Nevertheless, the formal justice system addressed an increasing number of reported domestic and sexual abuse cases. According to the Office of the Prosecutor General, domestic violence offenses were the second-most commonly charged crimes in the criminal justice system, after simple assault. Prosecutors, however, routinely charged cases involving aggravated injury and use of deadly weapons as low-level simple assaults. Judicial observers also noted judges were lenient in sentencing in domestic violence cases. Several NGOs criticized the failure to issue protection orders and overreliance on suspended sentences, even in cases involving significant bodily harm. In July the Suai district court convicted a domestic violence defendant of a simple offense against physical integrity based on the charge that the man used a piece of firewood to hit a woman in the back four times and kicked her twice in the stomach. The public defender requested a lenient penalty, arguing the man had reconciled with the woman and had not hit her again. The court sentenced him to five months in prison, suspended for one year, so that unless police were notified within a year that he again assaulted the woman, he would serve no prison time. Lacking information about such sentences, communities see only the return home of such offenders.

Police, prosecutors, and judges routinely ignored many parts of the law that protect victims. NGOs noted that fines paid to the court in domestic violence cases often came from shared family resources, hurting the victim economically.

Gender-based violence remained a serious concern. In 2016 an Asia Foundation study found that 59 percent of girls and women between the ages of 15 and 49 had experienced sexual or physical violence at the hands of an intimate partner and that 14 percent of girls and women had been raped by someone other than a partner. In this context, local NGOs viewed the law requiring that domestic violence cases be reported to the police and handled in the formal judicial system as having a positive effect by encouraging victims of domestic violence to report their cases to police. In a July sexual abuse case, the Suai district court found that a man had sexual intercourse five times with a 13-year-old minor and imposed a prison sentence of 15 years.

The Ministry of Social Solidarity and Inclusion is charged with assisting victims of domestic violence. Due to staff shortages, the ministry had difficulty responding to all cases. To deal with this problem, the ministry worked closely with local NGOs and service providers to offer assistance. Local NGOs operated shelters; however, demand for these services exceeded capacity. Local and international civil society partnered with government to deliver public education and training to police and the military about combatting gender-based violence.

Sexual Harassment: The labor code prohibits sexual harassment in the workplace, but workplace and public harassment reportedly was widespread. Relevant authorities processed no such cases during the year (see section 7.d.).

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

Discrimination: The constitution states, “Women and men shall have the same rights and duties in all areas of family life and political, economic, social, cultural life,” but it does not specifically address discrimination. Some customary practices discriminate against women, including traditional inheritance systems that tend to exclude women from land ownership.

Some communities continued to practice the payment of a bride price as part of marriage agreements (barlake); this practice has been linked to domestic violence and to the inability to leave an abusive relationship. Some communities also continued the practice of forcing a widow either to marry one of her husband’s family members or, if she and her husband did not have children together, to leave her husband’s home.

The secretary of state for equality and inclusion is responsible for the promotion of gender equality. Rede Feto (Women’s Network), a national women’s advocacy network, held its fifth national congress in October. Delegates to the congress, with representation from all of the country’s municipalities, created a 2020-23 action plan and delivered it to government officials for consideration in the 2020 budget process. Participants identified priority areas for government intervention to address inequality: patriarchal traditions, education, health, the economy, women’s participation in the labor force, human trafficking, decentralization, and social inclusion.

Birth Registration: Children acquire citizenship by birth in the country or from a citizen parent or grandparent. A central civil registry lists a child’s name at birth and issues birth certificates. Birth registration rates are high, with no discernible difference in the rates of registration for girls and boys. While access to services such as schooling does not depend on birth registration, it is necessary to acquire a passport. Registration later in life requires only a reference from the village chief.

Children born to stateless parents born in the country acquire citizenship. Children born in the country to foreign parents may declare themselves Timorese once they are 17 or older.

Education: The constitution stipulates that primary education shall be compulsory and free according to the state’s ability. The law requires nine years of compulsory education beginning at age six; however, there is no system to ensure that the provision of education is free. Public schools were tuition free, but students paid for supplies and uniforms. According to 2018 government statistics, the net enrollment rate for primary education was 88 percent, while the net enrollment rate for secondary education was 35 percent. Nonenrollment was substantially higher in rural than in urban areas. While initial attendance rates for boys and girls were similar, girls often were forced to leave school if they became pregnant and faced difficulty in obtaining school documents or transferring schools. Lack of sanitation facilities at some schools also led some girls to drop out upon reaching puberty. Overall, women and girls had lower rates of education than men and boys.

Child Abuse: The law protects against child abuse; however, abuse in many forms was common. Sexual abuse of children remained a serious concern. Despite widespread reports of child abuse, few cases entered the judicial system. Observers criticized the courts for handing down shorter sentences than prescribed by law in numerous cases of sexual abuse of children during the year. Incest between men and children in their immediate and extended family was a serious problem, and civil society organizations called for laws to criminalize it as a separate crime. Victims of incest faced a range of challenges such as limited information on the formal justice system, limited protection for the victims, threats and coercion from defendants, and social stigmatization from the family and community. A local NGO monitored 49 cases of incest between 2012 and May 2018 and claimed the actual number was far higher. In April an American missionary and former priest was arrested for sexually abusing young girls in his care at the Topu Honis shelter in Oecusse.

While the Ministry of Education has a zero-tolerance policy for corporal punishment, there is no law on the issue, and reports indicated the practice was common.

Early and Forced Marriage: Although a marriage cannot be registered until the younger spouse is at least age 16, cultural, religious, and civil marriages were recognized in the civil code. Cultural pressure to marry, especially if a girl or woman becomes pregnant, was strong. Underage couples cannot officially marry, but they are often married de facto once they have children together. Forced marriage rarely occurred, although reports indicated that social pressure sometimes encouraged victims of rape to marry their attacker or persons to enter into an arranged marriage when a bride price was paid. According to the most recent information from UNICEF (2015), an estimated 19 percent of girls married prior to the age of 18.

Sexual Exploitation of Children: Sexual assault against children was a significant but largely unaddressed problem. The age of consent is 14. The penal code, however, makes sexual conduct by an adult with anyone younger than 17 a crime if the adult takes “advantage of the inexperience” of the younger person, and it increases penalties when such conduct involves victims younger than 14. Some commercial sexual exploitation of children occurred. The penal code makes both child prostitution and child pornography crimes. It defines a “child” for purposes of those provisions as a “minor less than 17 years of age.” The penal code also criminalizes abduction of a minor.

There were reports that child victims of sexual abuse were sometimes forced to testify in public fora despite a witness protection law that provides for video-link or other secure testimony.

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.

There was no indigenous Jewish population, 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 constitution grants equal rights to and prohibits discrimination against persons with disabilities in addition to requiring the state to protect them. No specific legislation addresses the rights or support of persons with disabilities.

The Ministry of Social Solidarity and Inclusion is responsible for protecting the rights of persons with disabilities. The Ministry of Health is responsible for treating mental disabilities. In many municipalities, children with disabilities were unable to attend school due to accessibility problems. The Council of Ministers approved a national inclusive-education policy; however, the government did not implement the policy during the year. Schools lacked wheelchair access and other infrastructure for inclusive education, according to a national disabilities NGO.

Civil society representatives complained that a disabilities national action plan formulated under the previous government was never implemented due to budgetary issues and lack of sensitivity within the line ministries. The current government did not act on plans for a national council for persons with disabilities prepared under the previous government, according to a national disability NGO. The PDHJ, an independent government body, hosted a meeting of the South East Asia National Human Rights Institutions Forum in Dili in October with the theme of ensuring inclusiveness and equality for persons with disabilities. Civil society representatives from Indonesia, Malaysia, Burma, the Philippines, and Thailand participated.

Electoral regulations provide accommodations, including personal assistance, to enable persons with disabilities to vote. Civil society election monitors and the National Election Commission identified inconsistencies in the accessibility of polling places and accommodations for voters with disabilities in the 2018 parliamentary elections.

Service providers noted domestic violence and sexual assault against persons with disabilities was a growing concern. They indicated the police and judiciary were slow to respond to such incidents.

In September the Human Rights Defenders Network condemned an assault by two individuals in university uniforms on a woman with psychosocial disabilities. The assault was documented in a video, which was widely viewed on Facebook. Police were investigating the case as of November.

Persons with mental disabilities accused of crimes are entitled to special protections by law.

The constitution and law are silent on consensual same-sex sexual conduct and other matters of sexual orientation and gender identity. In a speech on July 12, the day of a Pride March in Dili, President Lu-Olo called for a society where “all citizens can live free from discrimination, violence, and fear.” The PDHJ worked with civil society organization CODIVA (Coalition on Diversity and Action) to increase awareness in the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community of processes available for human rights complaints. While physical abuse in public or by public authorities was uncommon, LGBTI persons were often verbally abused and discriminated against in some public services, including medical centers. CODIVA noted transgender members of the community were particularly vulnerable to harassment and discrimination. A 2017 study conducted for Rede Feto, the national women’s advocacy network, with lesbian and bisexual women and transgender men in Dili and Bobonaro documented the use by family members of rape, physical and psychological abuse, ostracism, discrimination, and marginalization against LGBTI individuals.

Access to education was limited for some LGBTI persons who were removed from the family home or who feared abuse at school. Transgender students were more likely to experience bullying and drop out of school at the secondary level.

According to civil society organizations, HIV and AIDS patients experienced social stigma and were ostracized by their families and communities. The national HIV/AIDS commission provided training to medical staff on fair and humane treatment for HIV/AIDS patients, with the goal of reducing discrimination patients encounter at hospitals and medical centers.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of workers to form and join unions of their choosing, to strike, and to bargain collectively. The law prohibits dismissal or discrimination for union activity, and it allows for financial compensation in lieu of reinstatement. The law prohibits foreign migrant workers from participating in the leadership of trade unions but does not restrict their membership. The law does not apply to workers in family-owned agricultural or industrial businesses used primarily for subsistence. The law also does not apply to public-sector workers or domestic workers.

There are official registration procedures for trade unions and employer organizations. Workers employed by companies or institutions that provide “indispensable social needs” such as pharmacies, hospitals, or telecommunications firms are not barred from striking, but they are “obliged to ensure the provision of minimal services deemed indispensable” to satisfy public needs during a strike. The law allows the Council of Ministers to suspend a strike if it affects public order. The law prohibits employer lockouts.

The State Secretariat for Vocational Training and Employment (SEPFOPE) is charged with implementing the labor code and labor-dispute settlement. The government lacked sufficient resources and skilled staff to enforce the right to freedom of association adequately. According to SEPFOPE, the most common labor issues were terminations where employers did not follow the procedures outlined in local labor law. The trade union confederation registered 174 complaints of alleged violations of labor rights between January and August. Many disputes involved employees who alleged dismissal without cause or firing upon returning from sick or maternity leave.

Violations of the labor code are punishable by fines and other penalties, but they were not sufficient to deter violations. Alleged violations included failure to provide maternity benefits, nonpayment of wages, and unfair dismissal. The trade union confederation noted some companies led by veterans of the country’s independence struggle did not respect labor laws, believing their status would excuse any violations.

Workers’ organizations were generally independent and operated without interference from government or employers. Unions may draft their own constitutions and rules and elect their representatives. The majority of workers were employed in the informal sector, resulting in a large nonunionized work force. Attempts to organize workers were slow since workers generally lacked experience negotiating contracts and engaging in collective bargaining.

The penal code prohibits and criminalizes coercion, grave coercion, and slavery. The penal code also considers forced labor and deceptive hiring practices to be a form of human trafficking. The government did not effectively enforce the law. SEPFOPE inspections increased during the year as compared with the previous year. The law prescribes imprisonment penalties; however, these were not sufficient to deter violations.

The law prescribes fines, judicial dissolution, and asset forfeiture as penalties, and authorizes compensation of victims. The Interagency Working Group to Combat Human Trafficking conducted training sessions for law enforcement and met six times during the year to discuss a range of migration-related issues in addition to trafficking.

Forced labor of adults and children occurred (see section 7.c.) but was not widespread. At times persons from rural areas who came to Dili in pursuit of better educational and employment prospects were subjected to domestic servitude. Family members placed children in bonded household and agricultural labor, primarily in rural areas, to pay off family debts.

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

The law does not prohibit all of the worst forms of child labor. Under the law, it is not illegal to procure or offer a 17-year-old child for prostitution, pornography, or pornographic performances or for illicit activities, such as the production and trafficking of drugs. Under the International Labor Organization’s Convention 182, all of the worst forms of child labor must be specifically outlawed for all children younger than 18. The law applies only to those younger than 17.

The law prohibits child labor and specifically prohibits children younger than 15 from working, except in “light work” and in vocational training programs for children ages 13 to 15. The labor law prohibits children younger than 17 from all forms of hazardous work, a definition that leaves 17-year-olds vulnerable to child labor and exploitation. The government generally did not enforce child labor laws outside the capital. The labor code does not apply to family-owned businesses operated for subsistence, the sector in which most children worked. By year’s end the government had not adopted a list of prohibited hazardous work.

The Ministry of Social Solidarity and Inclusion, the Secretariat of State for Professional Education and Employment, and the PNTL are responsible for enforcing child-labor law. A lack of child labor professionals at SEPFOPE hindered proper enforcement. The number of labor inspectors was inadequate to investigate child labor cases and enforce the law, particularly in rural areas where child labor in the agriculture sector is prevalent. Penalties for child labor and forced labor violations may include fines and imprisonment; however, they were insufficient to deter violations.

Child labor in the informal sector was a problem, particularly in agriculture, street vending, and domestic service. Children in rural areas continued to engage in dangerous agricultural activities, such as cultivating and processing coffee in family-run businesses, using dangerous machinery and tools, carrying heavy loads, and applying harmful pesticides. In rural areas, heavily indebted parents sometimes put their children to work as indentured servants to settle debts. If the child is a girl, the receiving family could also demand any bride price payment normally owed to the girl’s parents. Children were also employed in fishing, with some working long hours, performing physically demanding tasks, and facing dangerous conditions.

There were some reports of commercial sexual exploitation of children (also 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 .

The law prohibits discrimination in employment or occupation, although it does not specifically prohibit such discrimination based on sexual orientation. The law also mandates equal pay. The government did not effectively enforce the law’s provisions.

Employers may only require workers to undergo medical testing, including HIV testing, with the worker’s written consent. Work-visa applications require medical clearance.

Discrimination against women reportedly was common throughout the government but sometimes went unaddressed. NGO workers noted this was largely due to lack of other employment opportunities and fear of retaliation among victims. Women also were disadvantaged in pursuing job opportunities due to cultural norms, stereotypes, and an overall lower level of qualifications or education. Some reported that pregnant women did not receive maternity leave and other protections guaranteed by the labor code.

The legally set minimum monthly wage was above the official national poverty level.

The labor code provides for a standard workweek of 44 hours. Overtime cannot exceed 16 hours per week, except in emergencies, which the labor code defined as “force majeure or where such work is indispensable in order to prevent or repair serious damages for the company or for its feasibility.” The law sets minimum standards for worker health and safety. The law provides explicitly for the right of pregnant women and new mothers to stop work that might harm their health without a cut in pay. It does not provide other workers the right to leave a hazardous workplace without threat of dismissal. The law requires equal treatment and remuneration for all workers, including legally employed foreign workers. The government did not effectively enforce the law. The number of inspectors was insufficient to deter violations.

The law, including legislation pertaining to hazardous work, does not apply to the informal sector. According to data from the Ministry of Finance, the informal sector employed 72 percent of the workforce. Domestic workers, a large percentage of the working population, especially of working women, were inadequately protected and particularly vulnerable to exploitative working conditions, with many receiving less than minimum wage for long hours of work.

The labor code does not assign specific penalties or fines for violations of wage, hour, or occupational health and safety laws. Labor unions criticized inspectors for visiting worksites infrequently and for discussing labor concerns only with managers during inspections.

According to a local union, the government lacked the political will and institutional capacity to implement and enforce the labor code fully, and violations of minimum safety and health standards were common, particularly in the construction industry. There were no major industrial accidents.

Rape and Domestic Violence: The law criminalizes rape, but authorities did not generally enforce it effectively. The law does not specifically address domestic violence. The law provides for five to 10 years’ imprisonment for conviction of rape and a fine of two million to 10 million CFA francs ($3,400 to $17,000). Conviction of spousal rape is punishable by up to 720 hours of community service and a fine of 200,000 to one million CFA francs ($340 to $1,700). A prison term for conviction of 20 to 30 years applies if the victim is younger than 14, was gang raped, or if the rape resulted in pregnancy, disease, or incapacitation lasting more than six weeks. Although the government did not provide statistics on the incidence of rape or arrests for rape, some data were available from legal advocates for victims and NGOs.

Domestic violence against women was widespread. Police generally did not intervene in abusive situations, and many women were not aware of the formal judicial mechanisms designed to protect them. The government made some efforts to combat rape and domestic violence. For example, on May 8, International Women’s Day, the Ministry of Social Action, Women’s Empowerment and Literacy together with the International Center for Human Rights Research, Counseling, and Expertise released a collection of national laws related to combating violence against women and girls. The release was intended to raise awareness regarding gender-based violence, specifically among local officials, security force members, lawyers, teachers, women’s associations, and local leaders. Additionally, several NGOs actively educated women on their rights.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women. According to UNICEF data from 2017, FGM/C had been performed on 3.1 percent of girls and women between the ages of 15 and 49. The most common form of FGM/C was excision, usually performed a few months after birth. The practice was most common in isolated Muslim communities in the sparsely populated Central and Savanes Regions.

The government sponsored educational seminars on FGM/C. Several domestic NGOs, with international assistance, organized campaigns to educate women on their rights and how to care for victims of FGM/C. NGOs also worked to create alternative labor opportunities for former FGM/C perpetrators. For additional information, see Appendix C.

Sexual Harassment: Sexual harassment was a problem. While the law states harassment is illegal and may be prosecuted in court, authorities did not enforce it. The law provides for one to three years’ imprisonment and a fine of up to 3,000,000 CFA francs ($5,090) for conviction of sexual harassment. Penalties for conviction are increased for sexual harassment of a vulnerable person, defined as a minor, person of advanced age, pregnant woman, or person with an illness or disability.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. For additional information, see Appendix C.

Discrimination: Although by law women and men are equal, women experienced discrimination in education, pay, pension benefits, inheritance, and transmission of citizenship (see section 6, Children). In urban areas women and girls dominated market activities and commerce. Harsh economic conditions in rural areas, where most of the population live, left women with little time for activities other than domestic tasks and agricultural fieldwork. While the formal legal system supersedes the traditional system, it is slow, distant, and expensive to access; rural women were effectively subject to traditional law.

There are no restrictions on women signing contracts, opening bank accounts, or owning property. Women did not experience formal-sector economic discrimination in access to employment, credit, or business management. By traditional law a wife has no maintenance or child support rights in the event of divorce or separation. The formal legal system provides inheritance rights for a wife upon the death of her husband. Polygyny was practiced and recognized by formal and traditional law.

Birth Registration: According to the constitution, citizenship is derived either from birth within the country’s borders or, if abroad, from a Togolese parent. Conflicting nationality laws, however, discriminated against women. While the constitution provides that a child born of one citizen parent, be it the father or the mother, is a citizen, the nationality code states a woman may pass her nationality to a child only if the father is stateless or unknown. The child code, however, has gender-neutral nationality provisions that conflict with the nationality code. For additional information, see Appendix C.

Education: School attendance is compulsory for boys and girls until age 15, and the government provides tuition-free public education from nursery through primary school. Parents must pay for books, supplies, uniforms, and other expenses. There was near gender parity in primary school attendance. Girls were more likely than boys to complete primary school but less likely to attend secondary school.

Child Abuse: Child abuse was a widespread problem. The law criminalizes child abuse, defined as any sexual relationship or touching by an adult of a child younger than 16, the legal age of consensual sexual conduct for girls and boys. Conviction of violations is punishable by 10 to 20 years’ imprisonment and a fine of 25,000,000 to 50,000,000 CFA francs ($42,400 to $84,900). The government worked with local NGOs on public awareness campaigns to prevent exploitation of children.

The government maintained a toll-free telephone service for persons to report cases of child abuse and to seek help. The service provided information on the rights of the child and legal procedures and access to social workers who could intervene in emergencies. The government worked with UNICEF to train teachers on children’s rights and included human rights education in elementary school curricula.

Early and Forced Marriage: The legal ages for marriage are 18 for girls and 20 for boys, although both may marry at younger ages with parental consent.

The government and NGOs engaged in a range of actions to prevent early marriage, particularly through awareness raising among community and religious leaders. The Ministries of Education, Gender, and Health led development of the National Program Against Child Marriage and Teenage Pregnancy. Multiple initiatives focused on helping girls stay in school. Messages broadcast through media, particularly local radio, stressed avoiding early marriage and the importance of educating girls. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, including the sale and offering or procuring of children for prostitution, and practices related to child pornography, and provides penalties for those convicted of up to 20 years’ imprisonment and fines of 25 million to 50 million CFA francs ($42,400 to $84,900). For conviction of violations involving children younger than 15, prison sentences may be up to 10 years. The law was not effectively enforced. The minimum age of consensual sexual conduct is 16 for boys and girls.

The law prohibits child pornography, and penalties for conviction are five to 10 years’ imprisonment.

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 HYPERLINK “https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html”https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

There is no known Jewish community, 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 discrimination against persons with physical, mental, intellectual, and sensory disabilities, but the government did not effectively enforce these prohibitions. The law does not mandate accessibility to public or private facilities for persons with disabilities, although some public buildings had ramps. Children with disabilities attended schools at all levels, with some attending schools specifically for those with disabilities. Information regarding possible abuse in these facilities was unavailable. The law does not restrict the right of persons with disabilities to vote and participate in civic affairs, although lack of accessible buildings and transportation precluded some from doing so.

The Ministry of Health, the Ministry of Education, and the Ministry of Social Action, Women’s Empowerment and Literacy were responsible for protecting the rights of persons with disabilities. The Ministry of Social Action, Women’s Empowerment and Literacy conducted awareness campaigns to fight discrimination and promote equality; it also distributed food and clothing and provided skills training to persons with disabilities.

Northern ethnic groups, especially the Kabye tribe, dominate the civil and military services, while southern ethnic groups, especially the Ewe, dominate the private commercial sector. Relative dominance was a recurring source of political tension.

The law prohibits “acts against nature committed with an individual of one’s sex,” widely understood as a reference to same-sex sexual activity. The law provides that a person convicted of engaging in consensual same-sex sexual activity may be sentenced to one to three years’ imprisonment and fined one million to three million CFA francs ($1,700 to $5,090), but it was not enforced. On those occasions when police arrested someone for engaging in consensual same-sex sexual activity, the charge was usually for some other legal infraction as justification for the arrest, such as disturbing the peace or public urination. The media code forbids promotion of immorality. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced societal discrimination in employment, housing, and access to education and health care. Existing antidiscrimination law does not apply to LGBTI persons. No law allows transgender persons to change gender markers on government-issued identity documents.

LGBTI groups may register with the Ministry of Territorial Affairs as health-related groups, particularly those focused on HIV/AIDS prevention. Activists reported violence against LGBTI persons was common, but police ignored complaints. Most human rights organizations, including the CNDH, refused to address LGBTI concerns.

The law prohibits discrimination against persons with HIV/AIDS, and the government sponsored broadcasts aimed at deterring discrimination. The government National Council for the Fight Against AIDS (CNLS) is mandated with preventing discrimination against individuals living with HIV/AIDS. The CNLS conducts awareness raising activities, training, and other activities focused on achieving the objectives of the National Strategic Plan to Fight against HIV/AIDS 2016-2020. Persons with HIV/AIDS, nonetheless, faced some societal discrimination. For example, there were cases of family abandonment when HIV-positive status was discovered, and the perception that HIV/AIDS was religious punishment for wrongdoing persists.

a. Freedom of Association and the Right to Collective Bargaining

The constitution and law provide for the right of workers, except security force members (including firefighters and police), to form and join unions and bargain collectively. Supporting regulations allow workers to form and join unions of their choosing. Children younger than 18 who are authorized to work may not join unions, except with the authorization of a parent or guardian.

Workers have the right to strike, although striking health-care workers may be ordered back to work if the government determines it necessary for the security and well-being of the population. While no legal provisions protect strikers against employer retaliation, the law requires employers to obtain an authorizing judgment from the labor inspectorate before they may fire workers on strike. If employees are fired illegally, including for union activity, they must be reinstated and compensated for lost salary. The law creating the export processing zone (EPZ) allows EPZ workers to form two unions but exempts companies within the EPZ from providing workers with many legal protections, including protection against antiunion discrimination regarding hiring and firing.

There are six collective bargaining agreements in force in the country. By law if parties engaged in collective bargaining do not reach agreement, the government may compel them to seek arbitration.

The government generally enforced legal provisions regarding freedom of association and the right to organize for unions, particularly outside the EPZ. While the law provides that violation of the right to organize is a criminal offense, it does not specify fines or other penalties applicable to conviction.

While the law prohibits all forms of forced or compulsory labor, the government did not enforce the law effectively. Investigations were infrequent because labor inspectors must pay for their own travel and lodging expenses without reimbursement. Penalties for conviction were sufficiently stringent to deter violations. Prisoners are required to work; it was unclear if they are hired out to private employers.

Forced labor occurred. Children were subjected to forced labor (see section 7.c.).

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

The law does not prohibit all the worst forms of child labor. The law prohibits the employment of children younger than 15 in any enterprise or type of work and children younger than 18 from working at night. It requires a daily rest period of at least 12 hours for all working children. The law does not include corresponding penalties for violations. The minimum age for employment in hazardous work, such as some types of industrial and technical employment, is 18, although exceptions are often made for children ages 16 and 17 who are in good health and physically fit. The law allows 15-year-old children to carry, pull, or push loads weighing up to 308 pounds. The government has not defined what is considered hazardous work for children employed on ships and boats. The law prohibits the employment of children in some of the worst forms of child labor, including trafficking, prostitution, pornography, and the use of children in armed conflict. The law, however, authorizes employment of children ages 16 and older in other sectors likely to harm their health, safety, or morals.

The Ministry of Civil Service, Labor, Administrative Reform, and Social Protection is responsible for enforcing the prohibition against the worst forms of child labor. The ministry provided support to a center for abandoned children and worked with NGOs to combat child trafficking. Ministry efforts to combat child trafficking included holding workshops in collaboration with UNICEF, the International Labor Organization, NGOs, labor unions, police, customs officials, and other partners to raise awareness of child labor in general and forced child labor in particular.

The government did not effectively enforce child labor law. Legal penalties were insufficient to deter violations. Ministry inspectors enforced age requirements only in the formal sector in urban areas.

Child labor was a problem. Some children started work at age five and typically did not attend school for most of the school year. Children worked in both rural and urban areas, particularly in family-based farming and small-scale trading, and as porters and domestic servants. In some cases children worked in factories. In the agricultural sector, children assisted their parents with the harvesting of cotton, cocoa, and coffee. Children were involved in crop production, such as of beans and corn, for family consumption.

The most dangerous activity involving child labor was in quarries, where children assisted their parents in crushing rock by hand and carrying buckets of gravel on their heads. The government did not sanction such labor, and it occurred only in small, privately owned quarries. Reputable local NGOs reported that, while quarry work was a weekend and holiday activity for most children, some left school to work full time in the quarries.

In both urban and rural areas, particularly in farming and small-scale trading, very young children assisted their families. In rural areas parents sometimes placed young children into domestic work in other households in exchange for one-time fees as low as 12,500 to 17,500 CFA francs ($21 to $30).

Children sometimes were subjected to forced labor, primarily as domestic servants, porters, and roadside sellers. Children were also forced to beg. Employers subjected children to forced labor on coffee, cocoa, and cotton farms, as well as in rock quarries, domestic service, street vending, and begging. Children were trafficked into indentured servitude. Child sexual exploitation occurred (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 .

The law prohibits discrimination in employment and occupation based on race, gender, disability, citizenship, national origin, political opinion, language, and HIV-positive status but does not specifically prohibit such discrimination based on sexual orientation or gender identity. Penalties were sufficient to deter violations. Due to social and cultural norms and stigma, however, individuals sometimes chose not to report violations.

The government, in general, did not effectively enforce the law. Evidence of hiring discrimination ranged from job advertisements that specified gender and age to requiring an applicant’s photograph. Gender-based discrimination in employment and occupation occurred (see section 6, Women). Although the law requires equal pay for equal work regardless of gender, this provision generally was observed only in the formal sector.

By traditional law, which applies to most women, a husband legally may restrict his wife’s freedom to work and may control her earnings.

Societal discrimination against persons with disabilities was a problem. Discrimination against migrant workers also occurred.

Representatives of the government, labor unions, and employers negotiate and endorse a nationwide agreement to set nationwide wage standards for all workers in the formal sector. The National Collective Bargaining Agreement sets minimum wages for different labor categories, ranging from unskilled through professional positions. The minimum wage is above the poverty line.

The government heavily regulates the labor market. Working hours of all employees in any enterprise, except in the agricultural sector, normally are not to exceed 40 hours per week. At least one 24-hour rest period per week is compulsory, and workers are to receive 30 days of paid leave each year. Working hours for employees in the agricultural sector are not to exceed 2,400 hours per year (46 hours per week). The law requires overtime compensation and restricts excessive overtime work. The Interprofessional Collective Convention sets minimum rates for overtime work at 120 percent of base salary for the first eight hours, rising to 140 percent for every hour after eight, 165 percent for work at nights and on Sundays and holidays, and double pay for Sunday and holiday nights. This requirement was seldom respected in the private sector.

The Ministry of Civil Service, Labor, Administrative Reform, and Social Protection is responsible for enforcement of all labor law, especially in the formal private sector. The number of labor inspectors was insufficient to enforce the law effectively.

A technical consulting committee in the Ministry of Civil Service, Labor, Administrative Reform, and Social Protection sets workplace health and safety standards. It may levy penalties on employers who do not meet labor standards, and workers have the right to complain to labor inspectors concerning unhealthy or unsafe conditions. Penalties for infractions were generally weak, and there was no evidence they deterred violations. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment. The law also provides protection for legal foreign workers. The law does not cover EPZ workers or workers in the informal sector, who represented a large, unregistered, nontaxpaying part of the economy. According to the Delegation of the Informal Sector Organization, a governmental entity, 80 percent of the country’s commercial trade is conducted in the informal sector, both urban and rural, which it defines as revenue-generating activity that produces both untaxed and government-regulated goods and services.

The law obliges large enterprises to provide medical services for their employees, and large companies usually attempted to respect occupational health and safety rules, while smaller ones often did not.

The government did not effectively enforce the law, and formal-sector employers often ignored applicable law. Employers often paid less than the official minimum wage, mostly to unskilled workers, and the government lacked the resources to investigate and punish violators. In 2015 an explosion at the West African Cement plant in Tabligbo killed six employees, after which workers struck for more than two months. In 2016 the Court of Tabligbo ruled the plant owners had to pay 280 million CFA francs ($475,000) to the victims’ families. The plant director of operations was prosecuted, convicted, and sentenced to eight months’ imprisonment; however, the sentence was suspended.

Rape and Domestic Violence: Rape is punishable by a maximum of 15 years in prison. The law recognizes spousal rape. The law makes domestic violence a crime punishable by a maximum of 12 months in prison, a fine of Tongan pa’anga (TOP) 2,000 ($860), or both. Repeat offenders face a maximum of three years in prison or a maximum fine of TOP 10,000 ($4,300). The law provides for protection from domestic violence, including protection orders; clarifies the duties of police; and promotes the health, safety, and well-being of domestic-violence victims.

Police investigated reported rape cases, and the government prosecuted these cases under the law. In February, for example, two male teenagers were sentenced to seven and eight years, respectively, for raping a woman. The police domestic-violence unit has a “no-drop” policy in complaints of domestic assault, and once filed, domestic-violence cases cannot be withdrawn and must proceed to prosecution in the magistrates’ courts. The Ministry of Police, local communities, churches, youth groups, other nongovernment organizations (NGOs), and the Women and Children Crisis Center (WCCC) have conducted more than 12 training programs for government agencies and civil society groups on issues such as human rights, child abuse, sexual harassment, violence against women, and domestic violence.

As of June, 95 percent of the total cases received by the WCCC in 2019 were victims of domestic violence. Police worked with the National Center for Women and Children as well as with the WCCC to provide shelter for abused women and girls and boys younger than 14 years. Both centers operated a safe house for victims. The WCCC reported a decline in sexual abuse cases involving teenagers ages 14 to 16.

Sexual Harassment: Sexual harassment is not a crime under the law, but physical sexual assault can be prosecuted as indecent assault. Complaints received by the police domestic-violence unit indicated that sexual harassment of women is a common problem.

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

Discrimination: Inheritance laws, especially those concerned with land, discriminate against women. Women can lease land, but inheritance rights pass through male heirs only; a male child born out of wedlock has precedence over the deceased’s widow or daughter. If there are no male relatives, a widow is entitled to remain on her husband’s land as long as she does not remarry and remains celibate. The inheritance and land rights laws also reduced women’s ability to access credit and to own and operate businesses.

Discrimination against women with respect to employment and wages occurred (see section 7.d.).

Birth Registration: Individuals acquire citizenship at birth automatically if at least one parent is a citizen. Birth in the country per se does not confer citizenship.

Education: Education to age 18 is compulsory but not, by law, free. There is a policy, however, that provides free education to all children between the ages of six and 14.

Child Abuse: There are laws against child abuse. If a case is reported to police, the child is removed from the parents or guardians and placed in the care of either the WCCC or the National Center for Women and Children while police investigate. The WCCC implemented a variety of child-abuse awareness programs at schools from primary to tertiary levels.

Early and Forced Marriage: The legal minimum age for marriage is 15 years. According to NGOs, child marriages were a result of several factors, including parental pressure, teenage pregnancy, or forced marriage to rapists.

Sexual Exploitation of Children: The minimum age for consensual sex is 15. Violators who sexually abuse children may be charged with “carnal knowledge of a child under age 12,” which carries a maximum penalty of life in prison, or “carnal knowledge of a child under 15,” which carries a maximum penalty of five years in prison. There were anecdotal reports of Tongan children being subjected to sex trafficking. The law prohibits the procurement of women and girls younger than age 21 for commercial sexual exploitation but does not criminalize the procurement of boys for the same. The law also prohibits child pornography with penalties of a maximum fine of TOP 100,000 ($43,000) or a maximum of 10 years in prison for individuals and a maximum fine of TOP 250,000 ($108,000) for corporations; however, the use of children younger than age 14 in the production of pornography is not criminally prohibited.

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.

There was no known resident Jewish community, 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 constitution broadly prohibits discrimination based on disability, but no laws specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. There were no legally mandated services or government programs for adults with disabilities, including for building accessibility or access to communications and information.

A Ministry of Education and Training program to bring children with disabilities into primary schools continued during the year. Many school buildings, however, were not accessible to students with physical disabilities, and attendance rates of children with disabilities at all educational levels were lower than those of students without disabilities.

As of September the National Council on Disability and the Ministry of Internal Affairs had implemented a program to provide financial assistance to disabled individuals. The Ministry provides 1,043 qualifying persons TOP 75 ($32) monthly.

The law restricts ownership and operation of retail food stores to citizens. Ethnic Chinese who are naturalized Tongan citizens dominated the retail sector in many towns. There were reports of crime and societal discrimination directed at members of the Chinese minority, but the government appropriately investigated and prosecuted reported offenses.

Sodomy is listed as a crime with a maximum penalty of 10 years in prison, but there were no reports of prosecutions under this provision for consensual sexual conduct between adults. No law specifically prohibits discrimination based on sexual orientation or gender identity or addresses hate crimes. No criminal-justice mechanisms exist to aid in the prosecution of bias-motivated crimes against lesbian, gay, bisexual, transgender, or intersex individuals. Society accepted a subculture of transgender dress and behavior, and a prominent NGO’s annual festival highlighted transgender identities. Social stigma or intimidation may have prevented reporting of incidents of violence or discrimination.

There were no reports of discrimination or violence against persons based on HIV/AIDS status, but social stigma or intimidation may have prevented reporting of incidents of discrimination or violence.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions, but the government has not promulgated regulations on the formation of unions, collective bargaining, or the right to strike. No law specifically prohibits antiunion discrimination or provides for reinstatement of workers fired for union activity. There was no dispute resolution mechanism in place specifically for labor disputes, although persons could take cases to court or refer cases to the Office of the Ombudsman. There were no reports of collective bargaining.

Penalties for legal violations incur criminal fines, which are not sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays and appeals.

The government and employers generally respected freedom of association. Trade unions and a variety of other worker associations exist. For example, the Friendly Islands Teachers Association and the Tonga Nurses Association were legally incorporated as civil society organizations, and the Friendly Island Seafarer’s Union Incorporated was affiliated with the International Transport Workers Federation. The Public Service Association acted as a de facto union representing all government employees.

The law does not prohibit all forms of forced or compulsory labor. The government effectively enforced the law. Penalties are sufficient to deter violations. No data was available on government efforts specifically to address forced labor. There were unconfirmed, anecdotal reports of forced labor among women and children in domestic service (see section 7.c.).

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

No legislation prohibits child labor or specifies a minimum age for employment. There were no reports that child labor existed in the formal wage economy. According to the National Center for Women and Children and other NGOs, some school-age children worked in the informal sector in traditional family activities such as subsistence farming and fishing.

The law does not meet the international standard for the prohibition of child trafficking because it does not specifically prohibit the domestic trafficking of children, nor does it criminally prohibit forced labor, debt bondage, and slavery, unless they involve transnational human trafficking.

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

The law does not prohibit discrimination based on any particular personal characteristic, feature, or group affiliation. Discrimination against women in employment and wages occurred. Women participated in the work force at a lower rate than men, were generally employed in lower-skilled jobs, and earned measurably less than men earn.

There is no minimum wage, but the Ministry of Commerce, Consumer, Trade, Innovation, and Labor sets wage-level guidelines. The law stipulates occupational health and safety standards for each sector, such as fisheries and agriculture. These standards are current and appropriate for main industries, and penalties for violating them were sufficient to deter violations. The government did not effectively enforce the law. Workers can remove themselves from situations that endanger health or safety without jeopardizing their employment.

The law does not provide for overtime pay for a workweek of more than 40 hours, but some employers, including some government offices, did pay their workers overtime.

Enforcement of regulations was inconsistent. The Ministry of Commerce, Consumer, Trade, Innovation, and Labor sought to enforce these standards in all sectors, including the informal economy; however, there were an insufficient number of inspectors. Penalties for violations took the form of monetary fines, which were adequate to deter violations.

Few industries exposed workers to significant danger.

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal and punishable by up to life imprisonment, but the courts often imposed considerably shorter sentences in cases of spousal rape. The law criminalizes domestic violence and provides for protection orders separating perpetrators of domestic violence, including abusive spouses and common-law partners, from their victims. Courts may also fine or imprison abusive spouses but did so rarely.

Rape and domestic violence remained serious and pervasive problems. According to the UN Global Database on Violence against Women, 30 percent of women in the country experienced physical or sexual violence from an intimate partner in their lifetime, and 19 percent experienced sexual violence from a nonpartner.

Victims of rape and domestic violence had access to national crisis hotlines and through a law enforcement referral could access temporary shelter and psychosocial services. The police service provided resources to their Victim and Witness Support Unit to encourage reporting rape and domestic violence. The government was training a domestic violence unit of the police service.

Sexual Harassment: The law does not criminalize sexual harassment. In March Minister of Labour and Small Enterprise Development Jennifer Baptiste-Primus launched a national workplace policy on sexual harassment, citing the 2017 National Women’s Health Survey for Trinidad and Tobago. The survey stated 13 percent of women experienced sexual harassment at work, in public transport, and in public spaces, and that as many as 84 percent of instances of sexual harassment were not reported.

The Ministry of Labour and Small Enterprise Development reported that disputes involving sexual harassment between 2016 and 2018 were 69 percent of all disputes reported during that period, a 38 percent increase since 2015.

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, and the government enforced the law effectively.

Birth Registration: Every person born in the country is a citizen at birth, unless the parents are foreign envoys accredited to the country. A child born outside the country can become a citizen at birth if either parent is a citizen. The law requires every child be registered within 42 days of birth. Registration is required to access public services.

Education: Education is free and compulsory between the ages of five and 16. There are significant differences between boys and girls in enrollment, attendance, and completion in public schools. Nearly 60 percent of all dropouts between 2012 and 2019 were boys. Boys’ enrollment in primary schools exceeded that of girls, but by the upper secondary level girls outnumbered boys.

Child Abuse: The law prohibits corporal punishment of children. According to NGOs, however, abuse of children in their own homes or in institutional settings remained a serious problem. Penalties for child abuse can include a fine of up to 10,000 Trinidad/Tobago dollars ($1,500), two years’ imprisonment, or both.

Early and Forced Marriage: The legal minimum age of marriage is 18.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children through the sale, offering, or procuring for prostitution, and any practices related to child pornography. Authorities enforced the law.

The age of sexual consent is 18, and the age of consent for sexual touching is 16.

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 were fewer than 100 Jewish persons in the country. 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 based on disability but does not mandate equal access for persons with disabilities. Persons with disabilities faced discrimination, stigma, and denial of opportunities, including access to employment and education. Persons who believe they are being discriminated against can file a complaint with the Equal Opportunity Commission for conciliation. Complaints that remained unresolved may be brought before the Equal Opportunity Tribunal, a superior court that has the power to impose fines, make orders for compensation, and grant injunctions.

The law criminalizes consensual same-sex sexual conduct between adults, but the government did not enforce it, and a court ruling deemed the law unconstitutional. The government’s appeal of the ruling was pending and was intended to make the ruling settled law.

The law decriminalizes sexual exploration between minors who are close in age but specifically retains language criminalizing the same activity among same-sex minors.

The law does not specifically prohibit discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. There were reports of harassment and threats against LGBTI persons, but victims tended to avoid media attention, and discrimination did not appear to be serious or widespread.

Stigmatization of persons with HIV persisted, especially of persons in high-risk groups, creating barriers to access and uptake of prevention and treatment services. The government’s HIV and AIDS Unit coordinated the national response to HIV/AIDS, and the government employed HIV/AIDS coordinators in all ministries as part of its multisector response.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers, including those in state-owned enterprises, to form and join independent unions, bargain collectively, and conduct legal strikes, but with some limitations. A union must have the support of an absolute majority of workers to obtain bargaining rights. Employees providing essential services do not have the right to strike; these employees negotiate with the government’s chief personnel officer to resolve labor disputes. The law stipulates that only strikes over unresolved labor disputes may take place, and that authorities may prohibit strikes at the request of one party unless the strike is called by a union representing a majority of the workers. The minister of labor may petition the court to curtail any strike he deems harmful to national interests.

The law prohibits employers from discriminating against workers due to union membership and mandates reinstatement of workers illegally dismissed for union activities.

The law’s definition of a worker excludes domestic workers (house cleaners, chauffeurs, and gardeners), but domestic workers had an established trade union that advocated for their rights.

The government effectively enforced applicable laws, although there was little information on specific penalties or on whether the penalties were sufficient to deter violations.

A union must have the support of an absolute majority of workers to obtain bargaining rights. This requirement limits the right of collective bargaining. Furthermore, collective agreement negotiations are subject to mandatory mediation and must cover a minimum of three years, making it almost impossible for such agreements to include workers on short-term contracts. According to the National Trade Union Center, the requirement that all negotiations go through the Public Sector Negotiation Committee, rather than through the individual government agency or government-owned industry, provided a further restriction that added significant delays. Some unions claimed the government undermined the collective bargaining process by pressuring the committee to offer raises of no more than 5 percent over three years.

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

In June police officers from Trinidad’s Countertrafficking Unit rescued two Chinese nationals forced to work at a Chaguanas factory against their will. A businessman brought the couple to the country and told them they would be employed as chefs at a popular Chinese restaurant. After the couple arrived, their passports were taken away and they were forced to work in the factory.

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

The law sets the minimum age for employment at 16. Children ages 14 to 16 may work in activities in which only family members are employed or that the minister of education has approved as vocational or technical training. The law prohibits children younger than age 18 from working between the hours of 10 p.m. and 5 a.m. except in a family enterprise. There is no separate minimum age for working in hazardous activities.

The government was generally effective in enforcing child labor laws, and the penalties were sufficient to deter violations, but there were anecdotal reports of children working in agriculture, as domestic workers, or involved in commercial sexual exploitation as a result of human trafficking.

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

The law prohibits employment discrimination on the basis of political opinion, sexual orientation, gender identity, language, age, disability, and HIV status or other communicable disease. The government generally enforced the law effectively, but discrimination in employment occurred with respect to disability, and women’s pay lagged behind men’s, especially in the private sector.

The national minimum wage was greater than the official poverty income level.

Workers in the informal economy reported wages above the national minimum wage but reported other areas of labor laws, including limits on the number of hours worked, were not enforced.

The Ministry of Labor and Small Enterprise Development is responsible for enforcing labor laws related to minimum wage and acceptable conditions of work. The Occupational Safety and Health Agency enforced occupational safety and health and regulations. Resources, inspections, and penalties appeared adequate to deter violations. The law provides a range of fines and terms of imprisonment for violations of the law, but despite these penalties, a number of violations occurred.

Occupational safety and health (OSH) standards are appropriate for the main industries in the country. Responsibility for identifying unsafe situations remained with OSH experts and not the worker. The law gives workers the right to remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities generally protected this right. According to government statistics, there were 81 critical accidents and 10 fatalities in the workplace between 2017 and 2018.

The law establishes a 40-hour workweek, a daily period for lunch or rest, and premium pay for overtime. The law does not prohibit excessive or compulsory overtime. The law provides for paid leave, with the amount of leave varying according to length of service. Workers in the informal economy reported wages above the national minimum wage but reported other areas of labor laws, including the number of hours worked, were not enforced.

Domestic workers, most of whom worked as maids and nannies, are covered by labor laws.

Rape and Domestic Violence: The law broadly defines violence against women as “any restriction denying women equality in the civil, political, economic, social, or cultural domains.” The 2018 law criminalizing gender-based violence adds or updates articles in the penal code to meet international best practices. It criminalizes incest, sexual harassment of women in public places, and gender discrimination.

Laws prohibiting domestic violence provide penalties for assault committed by a spouse or family member that are double those of an unrelated individual for the same crime, but enforcement was rare, and domestic violence remained a serious problem. The law provides penalties for domestic violence and allows women to seek restraining orders against their abusers without filing a criminal case or filing for divorce. The Ministry of Women, Family, Childhood and Senior Citizens established a national hotline for victims of violence. There were five centers dedicated to providing assistance to female victims of violence, one managed by the ministry and four by civil society organizations.

On May 22, Minister of Women, Family, Childhood, and Senior Citizens (MWFCS) Neziha Laabidi said that authorities annually receive an average of 40,000 complaints of domestic violence brought by women against their husbands. Civil society representatives said many incidents go unreported.

Rape remained a taboo subject, and cultural pressures often dissuaded victims from reporting sexual assault. There were no government public education programs on domestic violence, including rape. Victims received services at two dozen social centers throughout the country, in addition to the five centers dedicated to victims of gender-based violence.

On June 10, the First Instance Court of Tunis sentenced five individuals to life in prison for raping a 27-year-old woman. During the trial the defendants confessed to their crime, which took place in 2017 in the governorate of Manouba.

Sexual Harassment: The 2018 gender-based violence law includes a revised article related to sexual harassment. It allows up to a two-year sentence for the harasser and a 5,000-dinar ($1,740) fine, instead of the previous one year in prison. The law further clarifies that sexual harassment can include any act, gesture, or words with sexual connotation. The punishment is doubled if the victim is a child or the perpetrator has authority over the victim.

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

Discrimination: The constitution and law explicitly prohibit discrimination based on race, gender, disability, language, or social status, and the government generally enforced these prohibitions. Women faced societal rather than statutory barriers to their economic and political participation. Codified civil law is based on the Napoleonic code, although on occasion, judges drew upon interpretations of sharia (Islamic law) as a basis for customary law in family and inheritance disputes.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. Sharia inheritance law in some instances provides men with a larger share of an inheritance. Some families avoided the application of sharia by executing sales contracts between parents and children to ensure that daughters received shares of property equal to those given sons. Non-Muslim women and their Muslim husbands may not inherit from each other, unless they seek a legal judgement based on the rights enshrined in the constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

The law explicitly requires equal pay for equal work, and the government generally enforced it. The law allows female employees in the public sector to receive two-thirds of their full-time salary for half-time work, provided they have at least one child younger than age 16 or a child with special needs, regardless of age. Qualifying women may apply for the benefit for a three-year period, renewable twice for a maximum of nine years. Societal and cultural barriers significantly reduced women’s participation in the formal labor force, particularly in managerial positions. Women in the private sector earned on average one-quarter less than men for similar work. The 2018 law on gender-based violence contains provisions aimed at eliminating the gender-based wage gap.

Birth Registration: Citizenship is derived by birth from one’s parents, and the law provides for a period of 10 days to register a newborn. Thereafter, parents have 30 days to explain why they failed to register a newborn and complete the registration. Female citizens can transmit citizenship on an equal basis with male citizens, and there is no discrimination between a mother and father regarding passport application and authorization to leave the country.

Early and Forced Marriage: The minimum age for marriage for both sexes is 18, but the courts may, in certain situations, authorize the marriage of persons younger than 18 upon the request and approval of both parents.

Sexual Exploitation of Children: Anyone who has sexual relations with a child younger than age 16 is subject to 20 years in prison with the possibility for a life sentence due aggravating circumstances, including incest or the use of violence. Under previous laws, intercourse with a girl younger than 15 without the use of violence was punishable by six years in prison; the 2018 law raised the age of consent to 16, and removed a clause in the legal code that allowed the court to drop the charges of sex with a minor if the perpetrator agreed to marry the victim, with the approval of her parents. The law prohibits child pornography. UNICEF reported that one in four children live in poverty and that 88 percent of children ages one to 14 are subjected to physical, verb, or psychological violence in their homes and at school. The MWFCS reported to media on October 17 that during the year it received approximately 17,000 notifications related to child abuse cases, which the ministry attributed to “growing awareness among citizens about the need to denounce perpetrators of violence.”

On January 31, authorities closed an unlicensed, privately run Quranic school in Regueb, Sidi Bouzid Governorate and arrested its director and administrators on charges of human trafficking, polygamy, and suspicion of belonging to a terrorist organization. Authorities reported many of the children were mistreated and were the victims of economic and sexual abuse. On the same day as the closure, the public prosecutor initiated an investigation into the allegations of child exploitation, and a family judge ordered the transfer of the children to a state-run center in Tunis specializing in caring for children who were victims of abuse. In July the court sentenced one adult male who was affiliated with the school to 20 years in prison on charges of child sexual abuse.

On March 12, the MWFCS reported that a teacher in Sfax was accused of sexually abusing 20 elementary school students. The ministry announced it would provide the children with psychological support. Subsequent to these allegations, the Ministry of Education indicated the initial investigation revealed that these crimes took place outside of the school and that, as a result, the ministry would suspend any teacher providing private classes outside of the educational framework. Media later reported that authorities issued an arrest warrant against the teacher, although as of September there were no updates to the investigation.

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.

An estimated 1,400 Jews lived in the country. In September the Aleph Institute, an international Jewish organization that assists individuals in prisons, expressed concern about possible anti-Semitic treatment of two Jewish detainees. In one case, the Aleph Institute reported Ilane Racchah has been detained since July 2018 without a trial and that the investigative judge on his case posted to social media comments that appear anti-Semitic. Although prison officials allowed his family to bring him kosher meals, the normal visiting hours precluded the family from visiting Racchah on Sabbath or Jewish holidays and prevented the family from bringing him Jewish religious materials.

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

Since 1991 the law requires all new public buildings to be accessible to persons with physical disabilities, and the government generally enforced the law. Persons with physical disabilities did not have access to most buildings built before 1991. The government did not ensure information and communications were accessible for persons with disabilities.

The Ministry of Social Affairs is charged with protecting the rights of persons with disabilities. The government issued cards to persons with disabilities for benefits such as unrestricted parking, free and priority medical services, free and preferential seating on public transportation, and consumer discounts. In general public buses and trains are ill suited and not easily accessible to persons with disabilities. As of July 1, for the first time, authorities permitted persons with disabilities to obtain a driver’s license from their area of residence rather than the capital.

The government provided tax incentives to companies to encourage the hiring of persons with physical disabilities. There were approximately 300 government-administered schools for children with disabilities, at least five schools for blind pupils, one higher-education school, and one vocational training institution. The Ministry of Social Affairs managed centers that provided short- and long-term accommodation and medical services to persons with disabilities who lacked other means of support. On July 29, the ministry announced it would hire 226 persons with disabilities to work in the public sector.

The Ibsar Association, which works to promote rights for all persons with disabilities, estimated that fewer than one-third of persons with disabilities hold a government-issued disability card, which entitles the holder to a monthly government stipend of 120 dinars ($41.70).

One of the biggest challenges for persons with disabilities, according to Ibsar, was a lack of access to information through education, media, or government agencies. There were very limited education options or public-sector accommodations for persons with hearing or visual disabilities. There were no schools for children with hearing disabilities, and Ibsar estimated that more than 90 percent of persons with hearing disabilities were illiterate. For children with physical disabilities, infrastructure continued be a major hurdle to their social inclusion, as few buildings or cities are accessible to persons with physical disabilities or reduced mobility.

For the national elections, ISIE worked with civil society organizations to prepare electoral handbooks in braille and to develop elections-related materials in sign language, including a mobile application that standardizes signed vocabulary and phrases related to elections. Civil society observer groups noted ISIE increased its efforts to ensure accessibility to persons with disabilities but that there continued to be a need for effective, timely voter education programs targeted at persons with disabilities and their families.

In October 2018 parliament adopted a law against all forms of racial discrimination, including “all distinction, exclusion, restriction, or preference based on race, color, origin, heritage, or all other forms of racial obstruction, obstacle, or deprivation of rights and liberties or their exercise.” The law penalizes acts of racial discrimination with up to three years in prison and a 1,000-to 3,000-dinar ($347 to $1,040) fine for an individual and a 5,000- to 15,000-dinar ($1,740 to $5,220) fine for a legal entity.

On February 5, a court in Sfax sentenced a woman to a three-month suspended prison sentence and a 300-dinar ($104) fine for using racial slurs to insult her daughter’s black teacher. The court added an additional two-month suspended prison sentence and a 100-dinar ($35) fine for insulting a public official exercising his official duties. This was the first court sentence issued under the law criminalizing racial discrimination.

In December 2018 Falikou Coulibaly, president of the Association of Ivoirians in Tunisia, was killed during a robbery in a suburb of Tunis. Hundreds of Ivorian nationals demonstrated in Tunis to protest Coulibaly’s murder in what they characterized as a racist attack. Then minister in charge of relations with constitutional bodies, civil society, and human rights Mohamed Fadhel Mahfoudh told media, “It is not clear yet if this is a racist criminal act, but an investigation is ongoing. We are against any act of racism.”

The law criminalizes sodomy. Convictions carry up to a three-year prison sentence. According to NGOs, authorities occasionally used the law against sodomy to detain and question persons about their sexual activities and sexual orientation, reportedly at times based on appearance alone. In some instances NGOs reported that LGBTI individuals were targeted under the article of the penal code that criminalizes “infringement of morality or public morals,” which carries a penalty of six months in prison and a fine of 1,000 dinars ($347).

LGBTI individuals continued to face discrimination and violence, including death and rape threats, although societal stigma and fear of prosecution under sodomy laws discouraged individuals from reporting problems. On July 18, the First Instance Court of Sousse sentenced two young men to 18 months in prison each under Article 230 of the 1913 Penal Code that criminalizes same-sex relations. According to Shams Association, one of the accused reported being the victim of sexual harassment while in detention due to his sexual orientation.

Human rights organizations and LGBTI-focused NGOs stated that judges continued to sentence individuals to jail under the sodomy law, and since judges often assumed guilt of individuals who refused to submit voluntarily to an exam, individuals felt coerced to submit to anal examinations. On May 17, a coalition of NGOs, the Civil Collective for Individual Liberties, called on the government to accelerate the establishment of the Constitutional Court as a guarantor of rights, decriminalize consensual same-sex conduct, end forced or coerced anal examinations, recognize the rights of transgender people, and end harassment of LGBTI-rights organizations. The collective noted, “despite the commitment by Tunisian authorities since 2017 not to resort to the use of anal examinations, courts continue to order this practice.”

No laws restrict freedom of expression, association, or peaceful assembly for those speaking out about LGBTI issues. Nevertheless, in February the government appealed a 2016 court ruling overturning the government’s complaint that the Shams Association’s charter did not allow it to explicitly advocate for gay rights. Adding to its 2016 case, the government stated, “the Tunisian society rejects homosexuality culturally and legally,” and that the Shams Association violated Article 3 of Decree Law 3 “by conducting activities that contradict Tunisia’s laws and culture.” On May 17, the Tunis Court of Appeals ruled in favor of the Shams Association, noting that Shams did not violate the law by advocating for LGBTI rights.

During the year a small number of politicians offered support for increased rights for members of the LGBTI community. In October 2018, 10 Members of Parliament submitted a draft bill proposing decriminalization of homosexuality, recognition of gender identity, and penalization of homophobia. In a February 11 media interview, Nahda Party leader Lotfi Zitoun condemned the continued use of anal examinations as a violation of human rights and individual dignity. On April 3, the president of the Machrou Tounes party, Mohsen Marzouk, met representatives from the Shams Association and publicly expressed his support for LGBTI rights.

There continued to be no information on official discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

a. Freedom of Association and the Right to Collective Bargaining

The law provides workers with the right to organize, form, and join unions, and bargain collectively. The law allows workers to protest, provided they give 10 days’ advance notice to their federations and receive Ministry of Interior approval. Workers may strike after giving 10 days’ advance notice. The right to strike extends to civil servants, with the exception of workers in essential services “whose interruption would endanger the lives, safety, or health of all or a section of the population.” The government did not explicitly stipulate which services were “essential.” Authorities largely respected the right to strike in public enterprises and services. The law prohibits antiunion discrimination by employers and retribution against strikers. The government generally enforced applicable laws.

Conciliation panels with equal labor and management representation settled many labor disputes. Otherwise, representatives from the Ministry of Social Affairs, the Tunisian General Labor Union (UGTT), and the Tunisian Union for Industry, Commerce, and Handicrafts (UTICA) formed tripartite regional commissions to arbitrate disputes. Observers generally saw the tripartite commissions as effective.

Unions rarely sought advance approval to strike. Wildcat strikes (those not authorized by union leadership) occasionally occurred throughout the year. Sector-based unions carried out some strikes and sit-ins, such as those in education, security services, health services, and extractive industries. Even if they were not authorized, the Ministry of Interior tolerated most strikes.

In November 2018, after the UGTT and the government failed to reach an agreement over salary increases for public-sector employee, the UGTT organized a nationwide general strike of approximately 670,000 public-sector workers. On January 17, the UGTT led another nationwide public-sector strike to continue to put pressure on the government. Ministry of Interior officials estimated that 7,000 gathered in front of the UGTT headquarters in Tunis, while an additional 6,000 marched in Sfax, 4,000 in Sousse, and 2,000 in Beja. Media reported no incidents of violence or conflict with local authorities.

The UGTT alleged antiunion practices among private-sector employers, including firing of union activists and using temporary workers to deter unionization. In certain industries, such as textiles, hotels, and construction, temporary workers continued to account for a significant majority of the workforce. UTICA, along with the government, maintained an exclusive relationship with the UGTT in reaching collective bargaining agreements. The government held organized collective social negotiations only with the UGTT and UTICA. Representatives from the General Confederation of Tunisian Labor and the Union of Tunisian Workers complained their labor organizations were ignored and excluded from tripartite negotiations.

The law prohibits forced and compulsory labor and provides for penalties of up to 10 years’ imprisonment for capturing, detaining, or sequestering a person for forced labor. The government effectively enforced most applicable codes dealing with forced labor. While penalties were sufficient to deter many violations, transgressions still occurred in the informal sector.

Some forced labor and forced child labor occurred in the form of domestic work in third-party households, begging, street vending, and seasonal agricultural work (see section 7.c.).

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

The law generally prohibits the employment of children younger than age 16. Persons younger than 18 are prohibited from working in jobs that present serious threats to their health, security, or morality. The minimum age for light work in the nonindustrial and agricultural sectors during nonschool hours is 13. Children between the ages of 14 and 16 may work no more than two hours per day. The total time that children spend at school and work may not exceed seven hours per day. Workers between the ages of 14 and 18 must have 12 hours of rest per day, which must include the hours between 10 p.m. and 6 a.m. The law to prevent trafficking in persons provides for penalties that are adequate to deter violations.

Labor inspectors from the Ministry of Social Affairs monitored compliance with the minimum-age law by examining employee records. According to ministry officials, the labor inspectorate did not have adequate resources to monitor fully the informal economy, officially estimated to constitute 38 percent of the gross domestic product. According to World Bank statistics, the informal sector employed more than 54 percent of the total workforce, more than half of which was women. Occasionally, labor inspectors coordinated spot checks with the UGTT and the Ministry of Education.

Children were subjected to commercial sexual exploitation and used in illicit activities, including drug trafficking.

The Ministries of Employment and Vocational Training, Social Affairs, Education, and Women, Family, Childhood, and Senior Citizens all have programs directed at both children and parents to discourage children from entering the informal labor market at an early age. These efforts include programs to provide vocational training and to encourage youth to stay in school through secondary school. The minister of social affairs told media in 2018 that between 100,000 and 120,000 students drop out of primary or secondary school each year. UNICEF reported that only 48 percent of children ages 15-18 complete secondary school, down from 70 percent 20 years ago.

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/ .

The law and regulations prohibit employment discrimination regarding race, sex, gender, disability, language, sexual orientation and gender identity, HIV-positive status or presence of other communicable diseases, or social status. The government did not always effectively enforce those laws and regulations due to lack of resources and difficulty in identifying when employers’ attitudes toward gender identity or sexual orientation resulted in discriminatory employment practices (see section 6). Societal and cultural barriers significantly reduced women’s participation in the formal labor force, particularly in managerial positions. Women in the private sector earned on average one-quarter less than men for similar work. The 2018 law on gender-based violence contains provisions aimed at eliminating the gender-based wage gap.

The law prohibits discrimination against persons with physical or mental disabilities. It mandates that at least 2 percent of public- and private-sector jobs be reserved for persons with disabilities. NGOs reported authorities did not widely enforce this law, and many employers were not aware of it.

The labor code provides for a range of administratively determined minimum wages; the minimum wages were above the poverty income level.

In 2015 the Ministry of Social Affairs, the UGTT, and the Tunisian Union of Agriculture and Fishing reached an agreement to improve labor conditions and salaries in agricultural work to match those in the industrial sector. The agreement allows for the protection of rural women against dangerous employment conditions, sets safety standards for handling of hazardous materials, and gives tax incentives for agricultural employers to provide training for workers.

The law sets a maximum standard 48-hour workweek for manual work in the industrial and agricultural sectors and requires one 24-hour rest period per week. For administrative jobs in the private and public sectors, the workweek is 40 hours with 125-percent premium pay for overtime. The law prohibits excessive compulsory overtime. Depending on years of service, employees are statutorily awarded 18 to 23 days of paid vacation annually. Although there is no standard practice for reporting labor-code violations, workers have the right to report violations to regional labor inspectors.

Special government regulations control employment in hazardous occupations, such as mining, petroleum engineering, and construction. Workers were free to remove themselves from dangerous situations without jeopardizing their employment, and they could take legal action against employers who retaliated against them for exercising this right. The Ministry of Social Affairs is responsible for enforcing health and safety standards in the workplace. Under the law all workers, including those in the informal sector, are afforded the same occupational safety and health protections. These health and safety standards were not adequately enforced. Regional labor inspectors were also responsible for enforcing standards related to hourly wage regulations. The government did not adequately enforce the minimum-wage law, particularly in nonunionized sectors of the economy. The prohibition against excessive compulsory overtime was not always enforced. The number of inspectors was insufficient to deter violations.

Working conditions and standards generally were better in export-oriented firms, which were mostly foreign owned, than in those firms producing exclusively for the domestic market. According to the government and NGOs, labor laws did not adequately cover the informal sector, where labor violations were reportedly more prevalent. Temporary contract laborers complained they were not afforded the same protections as permanent employees. There were no major industrial accidents during the year. Credible data on workplace accidents, injuries, and fatalities were not available.

Rape and Domestic Violence: The government and independent monitoring groups reported with concern that violence against women, particularly femicides, increased, compared with 2018. The law criminalizes violence against women and sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation. The government did not effectively or fully enforce these laws or protect victims. For example, in May human rights lawyer Muzeyyen Boylu Issi was shot and killed by her husband in front of their children, after having survived two previous attempts on her life and filing for divorce and a protection order. As of November the husband, Mesut Issi, was in prison pending trial. If convicted of murder, he could face additional charges of aggravated life imprisonment.

The law covers all women and requires police and local authorities to grant various levels of protection and support services to survivors of violence or those at risk of violence. It also mandates government services, such as shelter and temporary financial support, for victims and provides for family courts to impose sanctions on perpetrators.

The law provides for the establishment of violence-prevention and monitoring centers to offer economic, psychological, legal, and social assistance. There were 81 violence prevention centers throughout the country, one in each province. There were 144 women’s shelters nationwide, providing shelter to approximately 30,000 women. Women’s rights advocates asserted there were not enough shelters to meet the demand for assistance and that shelter staff did not provide adequate care and services, particularly in the southeast. Some NGOs noted shelters in multiple southeastern provinces closed during the state of emergency and that others faced difficulty following the removal of elected mayors and appointment of government trustees, some of whom cut funding and ended partnerships with the local NGOs. Some NGOs noted the lack of services was more acute for elderly women and LGBTI women as well as women with older children. The government operated a nationwide domestic violence hotline and web application called the Women Emergency Assistance Notification System (KADES). NGOs asserted the quality of services provided in calls was inadequate for victims of domestic violence. According to press reports, 13,000 women had used the KADES app to report violence as of September.

Violence against women, including spousal abuse, remained a serious and widespread problem both in rural and urban areas. Spousal rape is a criminal offense, and the law also provides criminal penalties for conviction of crimes such as assault, deprivation of liberty, or threats. Despite these measures, killings and other forms of violence against women continued unabated. According to the We Will Stop Femicide Association, 430 women were murdered in the first 11 months of the year; 53 in September alone.

On August 24, thousands of demonstrators gathered in Istanbul and in other cities around the country to protest gender-based violence following the public killing of Emine Bulut by her former husband in front of their 10-year-old daughter. Social media users shared video of the attack, and the victim’s dying words, “olmek istemiyorum” (“I don’t want to die”), became a rallying cry for demonstrators and on social media. In October Bulut’s former husband was sentenced to life imprisonment.

Following the incident, women’s rights groups called for the enforcement of the Council of Europe’s Istanbul Convention on Preventing and Combatting Violence against Women and Domestic Violence, and leaders from across the political spectrum denounced that attack. Courts regularly issued restraining orders to protect victims, but human rights organizations reported that police rarely enforced them effectively. Women’s associations also charged that government counselors and police sometimes encouraged women to remain in abusive marriages at their own personal risk rather than break up families.

In October Ayse Tuba Arslan’s former husband attacked her with a meat cleaver. Arslan had pressed charges against her former husband 23 times; an Eskisehir court dismissed five of the 10 charges filed during the year. Police failed to enforce the court-issued restraining orders effectively. Arslan died of her wounds on November 25.

Courts in some cases gave reduced sentences to some men found guilty of committing violence against women, citing good behavior during the trial or “provocation” by women as an extenuating circumstance of the crime. For example, in August an Adana court reduced the sentence of Mehmet Ciftci from life imprisonment to 18 years’ imprisonment for good behavior. Ciftci was convicted of murdering his 19-year-old wife, who was four months pregnant at the time of her murder.

Other Harmful Traditional Practices: Human rights activists and academics reported the problematic practice of “honor killings” of women continued across the country (31 cases reported during the year). The prevalence of killings was most severe in the southeast.

Individuals convicted of honor killings may receive life imprisonment, but NGOs reported that courts often reduced actual sentences due to mitigating factors. The law allows judges, when establishing sentences, to take into account anger or passion caused by the “misbehavior” of the victim.

Sexual Harassment: The law provides for up to five years’ imprisonment for sexual harassment. If the victim is a child, the recommended punishments are longer; however, women’s rights activists reported that authorities rarely enforced these laws. For example, in February a police officer sexually harassed a university student being detained during a protest in Ankara. According to local media, despite the existence of photographic evidence, police attempted to cover up the incident, accused the victim of having ties to a terror organization, and detained and interrogated the journalist who interviewed the victim and her family.

Gender equality organizations indicated that incidents of verbal harassment and physical intimidation of women in public occurred with regularity and cited as the cause a permissive social environment in which harassers were emboldened. In one case, in September a woman physically attacked in Ankara reported that authorities tried to legitimize the attack by questioning her during her deposition about what she was wearing and whether the attack occurred late at night.

Some women’s rights NGOs asserted that weak legal enforcement of laws to protect women and light sentencing of violent perpetrators of crimes against women contributed to a climate of permissiveness for potential offenders. Women’s advocates expressed concern that laws passed in 2018 to encourage dispute resolution through mediation rather than the court system would reduce the severity of criminal punishment given perpetrators of violence against women, thereby reducing the deterrent effect of the law, undermining women’s safety, and potentially enabling impunity.

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

Discrimination: Women enjoy the same rights as men by law, but societal and official discrimination were widespread. Women faced discrimination in employment.

The constitution permits measures, including positive discrimination, to advance gender equality. To encourage the hiring of women, the state paid social services insurance premiums on behalf of employers for several months for any female employee older than age 18. Laws introduced as a gender justice initiative provided for maternity leave, breastfeeding time during work hours, flexibility in work hours, and required child care by large employers. Rights organizations contended, however, that these changes in the legal framework discouraged employers from hiring women and negatively impacted their promotion potential.

Birth Registration: There was universal birth registration, and births were generally registered promptly. A child receives citizenship from his or her parents, not through birth in the country. Only one parent needs to be a citizen to convey citizenship to a child. In special cases in which a child born in the country cannot receive citizenship from any other country due to the status of his or her parents, the child is legally entitled to receive citizenship.

Education: Human rights NGOs and others expressed concern that despite the law on compulsory education, some families were able to keep female students home. The Education Reform Initiative, an NGO focusing on education, reported in its Education Monitoring Report for 2017-18 that the government took important positive steps to expand girls’ access to education, including by providing conditional cash transfers to incentivize poor families to continue education for their daughters. According to education union Egitim Sen, based on 2018-19 reporting, the rate for schooling decreased to 91 percent and the rate for girls’ schooling decreased to 91 percent, compared with 99 percent in 2013-14. According to European Statistics Office data, drop-out rates in the country were 34 percent for girls and 31 percent for boys in 2017, an improving trend.

The Organization for Economic Cooperation and Development, in its Education at a Glance report, stated the number of young adults who attained a tertiary education had doubled in the last year, although it noted that nearly half of them did not complete upper secondary education.

Child Abuse: Child abuse was a problem. The law authorizes police and local officials to grant various levels of protection and support services to victims of violence or to those at risk of violence. Nevertheless, children’s rights advocates reported failed implementation. The law requires the government to provide services to victims, such as shelter and temporary financial support, and empowers family courts to impose sanctions on those responsible for the violence.

By law, if the victim of abuse is between the age of 12 and 18, molestation results in a three-to-eight-year prison sentence, sexual abuse in an eight-to-15-year sentence, and rape in a sentence of at least 16 years. If the victim is younger than 12, molestation results in a minimum five-year prison sentence, sexual abuse in a minimum 10-year sentence, and rape in a minimum 18-year sentence.

Government authorities increased attention on the problem of child abuse. According to Ministry of Justice statistics, imprisonment sentences for child sexual abuse in the country increased to 18,000 in 2018. Child rights experts reported that the increased attention on the problem had led to greater awareness and reporting. The women’s NGO We Will Stop Femicides reported that, in just the month of July 2018, there were 433 reported cases of child sexual abuse. According to Ministry of Justice statistics, there were 16,348 child sex abuse cases filed in 2017.

Early and Forced Marriage: The law defines 18 as the minimum age for marriage, although children may marry at 17 with parental permission and at 16 with court approval. The law acknowledges civil and religious marriages, but the latter were not always registered with the state.

NGOs reported children as young as 12 married in unofficial religious ceremonies, particularly in poor and rural regions and among the Syrian population living in the country. The government’s 2018 Demographic and Health Survey showed that 12 percent of Syrian girls in the country married before age 15 and 38 percent married before age 18. Early and forced marriage was particularly prevalent in the southeast, and women’s rights activists reported the problem remained serious. According to the Turkish Statistical Institute, 26 percent of women in the country married before the age of 18, and 10 percent gave birth to their first child before the age of 18. Local NGOs worked to educate and raise awareness among the Turkish and Syrian population in major southeast provinces.

Separately, women’s rights groups stated that forced marriages and bride kidnapping persisted, particularly in rural areas, although it was not as widespread as in previous years.

Sexual Exploitation of Children: The constitution requires the state to take measures to protect children from exploitation. The law criminalizes sexual exploitation of children and mandates a minimum sentence of eight years in prison. The penalty for conviction of encouraging or facilitating child prostitution is up to 10 years’ imprisonment; if violence or pressure is involved, a judge may double the sentence.

The age of consent for sex is 18. The law prohibits producing or disseminating child pornography and stipulates a prison sentence of up to two years as well as a fine for violations.

Incest involving children remained a problem, although prosecutions remained minimal. The law provides prison sentences of up to five years for incest.

Displaced Children: Many women’s and migrant rights NGOs reported that displaced children, mostly Syrian, remained vulnerable to economic and sexual abuse.

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 Chief Rabbinate in Istanbul, there were approximately 16,000 Jews living in the country. Some members of the community continued to emigrate or seek to obtain citizenship in a second country, in part due to concerns about anti-Semitism.

Jewish citizens expressed concern regarding anti-Semitism and security threats. On July 31, a video was posted on social media showing children at an apparent summer camp being led in chants calling for death to Jews. Leading individuals in the community denounced the video, which was viewed more than 400,000 times, and expressed concern at such forms of indoctrination and hatred at such a young age. HDP member of parliament Garo Paylan called for an investigation into the incident for possible prosecution under hate crimes statutes. On March 28, an unidentified attacker attempted to throw a Molotov cocktail at the Beth Israel Synagogue in Izmir. The synagogue was not damaged in the attack, and police apprehended and charged a suspect within a few days.

The premiere of the film Cicero generated controversy and condemnation when the scenery for the premiere’s red carpet walk depicted features of a concentration camp, including striped uniforms draped on barbed wire fencing and guard dogs. The local Jewish community, columnists, and AKP lawmakers denounced the display as disgraceful. The filmmakers subsequently apologized.

During the campaign for Istanbul mayor, altered images of opposition CHP candidate Ekrem Imamoglu showing him shaking hands with Israeli prime minister Benjamin Netanyahu and meeting with a group of Orthodox Jews appeared on social media in an effort to discredit him, according to commentators. Disparaging comments and statements calling Imamoglu a friend of Zionism accompanied the images.

In November an IYI party member of parliament made a remark on social media commenting on a government official’s family’s “excessive” display of wealth, posting, “There is a group of people that have become rich due to their undeserved income and live luxuriously, we call them Protestant Muslims.  These people have become Jews, mentally.”  The post received widespread criticism on social media.

In October social media users and media outlets shared photographs of anti-Christian and anti-Semitic posters hung at municipal bus stops in the central Anatolian town of Konya by the local branches of the Anatolian Youth Association and National Youth Foundation. The posters cited a Quranic verse that appeared to advise Muslims not to befriend Christians and Jews. The images also included a crucifix and Star of David with what appeared to be droplets of blood. Social media users from all three faiths criticized the posters as insulting to religious minorities, misrepresenting the message of the Quran, and undermining the dignity of the nation. The private advertising company leasing the billboards said the associations changed the content of the posters before printing them, and the company replaced the images with Turkish flags shortly after the concerns appeared on social media. The Anatolian Youth Association described the situation as a misunderstanding and indicated it was investigating the cause of the incident.

Anti-Semitic rhetoric continued in print media and on social media throughout the year. According to a Hrant Dink Foundation report on hate speech, as of August 31, there were 430 published instances of anti-Jewish rhetoric in the press depicting Jews as violent, conspiratorial, and enemies of the country. A reader’s letter published in Yeni Akit claimed Jewish residents in Istanbul trained street dogs to bite Muslims and repeated historic blood libel anti-Semitic tropes. Some commentators criticized the letter as ridiculous, and former AKP member of parliament Mustafa Yeneroglu denounced its content as “the language of the Nazis,” according to multiple media reports. In some instances officials and party representatives denounced stories with anti-Semitic content on social media.

The government took several positive steps to combat anti-Semitism. On January 24, Ankara University hosted an event to commemorate Holocaust Remembrance Day in collaboration with the Ministry of Foreign Affairs, which also issued a written statement marking the occasion. On February 21, the Istanbul governor’s office hosted a commemoration for the sinking of the Struma and the loss of nearly 800 Jews fleeing Nazi persecution in 1942. In April, September, and December, President Erdogan sent the Jewish community public messages celebrating Passover, Rosh Hashanah, and Hanukkah, respectively, that highlighted religious diversity as part of “the country’s most important wealth that strengthens unity and solidarity.”

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, but NGOs that advocate for persons with disabilities asserted the government did not enforce the law effectively. In March the Association for Monitoring Equal Rights reported there were serious structural and institutional barriers with respect to access and justice for persons with disabilities, specifically citing accessibility problems as. barriers to voting and holding public office.

The law requires all governmental institutions and businesses to provide persons with disabilities access to public areas and public transportation and allows for the establishment of review commissions and fines for noncompliance. The government made little progress implementing the law, and access in many cities remained limited.

The Ministry of Labor, Social Services, and Family is responsible for protecting persons with disabilities. The ministry maintained social service centers assisting marginalized individuals, including persons with disabilities. The majority of children with disabilities were enrolled in mainstream public schools; others attended special education centers.

The law requires all public schools to accommodate students with disabilities, although activists reported instances of such students being refused admission or encouraged to drop out of school. According to disability activists, a large number of school-age children with disabilities did not receive adequate access to education. According to a June report by the Ministry of Family, Labor, and Social Services, 353,610 students with disabilities were in school, with 257,770 studying in regular schools and the remainder in either state-run or privately owned special education schools or classes. There were more than 12,000 teachers working in special education schools. A Ministry of Labor, Social Services, and Family program allowed individuals with autism to stay in government-run houses and offered state resources to families who were unable to attend to all the needs of their autistic children.

In April the UN Committee on the Rights of the Persons with Disabilities concluded that, while the country ratified the Optional Protocol of the Convention on the Rights of Persons with Disabilities and had achieved progress since the ratification in 2009, concerns persisted regarding the prevalence of medical, charitable, and paternalistic approaches to disability. The association called for greater awareness raising among the public concerning disability rights, establishing more robust complaint mechanisms for persons with disabilities, addressing physical accessibility issues, and responding to allegations of discrimination against the disabled.

On January 9, the government announced the addition of 3,200 citizens with disabilities to the public sector during the year, bringing the total employed in the public sector to 56,500. The private sector employed 124,000 of the two million citizens with disabilities qualified for work. An employment quota implemented in 2014 requires private-sector companies with more than 50 employees to include in its workforce at least 2 percent employees with disabilities. The public-sector requirement is 4 percent. There has been no reporting regarding the implementation of fines for accountability. President Erdogan declared 2020 the “year of accessibility,” with particular focus on mass transit and building entrances.

The constitution provides a single nationality designation for all citizens and does not expressly recognize national, racial, or ethnic minorities except for three non-Muslim minorities: Armenian Apostolic Christians, Jews, and Greek Orthodox Christians. Other national, religious, or ethnic minorities, including Assyrians, Jaferis, Yezidis, Kurds, Arabs, Roma, Circassians, and Laz, were not permitted to exercise their linguistic, religious, and cultural rights fully.

More than 15 million citizens were estimated to be of Kurdish origin and spoke Kurdish dialects. Security force efforts against the PKK disproportionately affected Kurdish communities in rural areas throughout much of the year. Some predominantly Kurdish communities experienced government-imposed curfews, generally in connection with government security operations aimed at clearing areas of PKK terrorists (see section 1.g.).

Kurdish and pro-Kurdish civil society organizations and political parties continued to experience problems exercising freedoms of assembly and association (see section 2.b.). Hundreds of Kurdish civil society organizations and Kurdish-language media outlets closed by government decree in 2016 and 2017 after the coup attempt remained shut. In October the International Crisis Group reported 4,686 persons, including state security personnel, PKK-affiliated militants, civilians, and individuals of unknown affiliation, had been killed in the conflict since mid-2015.

The law allows citizens to open private institutions to provide education in languages and dialects they traditionally use in their daily lives, on the condition that schools are subject to the law and inspected by the Ministry of National Education. Some universities offered elective Kurdish language courses, and two universities had Kurdish language departments, although several instructors in these departments were among the thousands of university personnel fired under official decrees, leaving the programs unstaffed. The law also allows reinstatement of former non-Turkish names of villages and neighborhoods and provides political parties and their members the right to campaign and use promotional material in any language; this right was not protected in practice.

The law restricts the use of languages other than Turkish in government and public services. In June authorities in some districts of Istanbul began enforcing a new regulation that requires 75 percent of signage be in Turkish and removed signs in Arabic. A government-appointed trustee mayor in Siirt removed a multilingual welcome sign in the majority Kurdish city in February. The original sign featured welcome messages in Kurdish, Turkish, and Arabic (using a Latin script). It was replaced with a sign only in Turkish.

On International Mother Language Day, February 21, members of parliament from opposition CHP and HDP parties delivered official remarks in the Laz, Armenian, and Kurdish languages. The official parliamentary record registered only an “x” in place of their respective remarks, and the footnotes indicated only the Turkish language would be recorded.

Although the government officially allows the use of Kurdish in private education and in public discourse, it did not extend permission for Kurdish-language instruction to public education.

An Armenian-language television station, Luys TV, inaugurated its programming by broadcasting Orthodox Christmas services in January. The channel featured news broadcasts, children’s programs, and discussion forums on topical issues for the community, according to media reports.

Romani communities reported being subjected to disproportionate police violence and housing loss due to urban transformation projects that extended into their traditional areas of residence. Members of the Romani community also reported they faced problems with access to education, housing, health care, and employment. Roma reported difficulty in utilizing government offers to subsidize rent on apartments due to discriminatory rental practices. Unofficial estimates indicated more than 90 percent of Roma were unemployed, although many worked in jobs in the informal economy. In line with a national Romani strategy adopted by the cabinet in 2016, the government carried out a number of pilot projects to enhance social inclusion of Romani citizens, including vocational courses offered by the government’s employment agency, IsKur. Roma advocates complained there was little concrete advancement for Roma. They also expressed concern that NGOs closed during the state of emergency that offered literacy courses to Roma remained shut or continued to face severe restrictions.

While the law does not explicitly criminalize LGBTI status or conduct, provisions of law concerning “offenses against public morality,” “protection of the family,” and “unnatural sexual behavior” sometimes served as a basis for abuse by police and discrimination by employers.

Numerous LGBTI organizations reported a continued sense of vulnerability as restrictions on their freedom of speech, assembly, and association continued. During the year the Ankara governor’s office continued its indefinite ban instituted in 2017 on all public LGBTI events in the province, citing public safety concerns,. In April a regional administrative court lifted the ban and rejected the government’s argument that the prohibition was necessary because some individuals might be provoked to violence by LGBTI events. Despite the decision, the Ankara governor’s office did not change its policy on LGBTI events in the capital and continued to block events on an individual basis.

The criminal code does not include specific protections based on sexual orientation or gender identity. The law allows for up to three years in prison for hate speech or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law’s failure to include protections based on gender identity and noted it was sometimes used to restrict freedom of speech and assembly rather than to protect minorities. LGBTI definitions were not included in the law, but authorities reported a general “gender” concept in the constitution provides for protections for LGBTI individuals. KAOS-GL, a local NGO focused on LGBTI rights, maintained that, due to the law’s failure to recognize the existence of LGBTI individuals, authorities did not provide them social protection.

KAOS-GL reported that some LGBTI individuals were unable to access health services or faced discrimination. Some LGBTI individuals reported they believed it necessary to hide their identities, faced mistreatment by health-service providers (in many cases preferring not to request any service), and noted that prejudice against HIV-positive individuals negatively affected perceptions of the LGBTI community.

During the year LGBTI individuals experienced discrimination, intimidation, and violent crimes. Human rights groups reported that police and prosecutors frequently failed to pursue cases of violence against transgender persons or accepted justification for perpetrators’ actions. Police often did not arrest suspects or hold them in pretrial detention, as was common with other defendants. When arrests were made, defendants could claim “unjustifiable provocation” under the penal code and request a reduced sentence. Judges routinely applied the law to reduce the sentences of persons who killed LGBTI individuals. Courts of appeal previously upheld these verdicts based in part on the “immoral nature” of the victim. LGBTI advocates reported that police detained transgender individuals engaged in sex work to extract payoffs and that courts and prosecutors created an environment of impunity for attacks on transgender persons involved in sex work.

The LGBTI advocacy organization KAOS-GL reported that at least 48 LGBTI individuals faced physical assault in 2018. Of those, only nine cases were reported to authorities; prosecutors pursued one criminal case of the nine reported. In March security personnel at a nightclub in Eskisehir first blocked three transgender individuals from entering the facility, then assaulted the group while a police officer watched and failed to intervene, according to a KAOS-GL report. In May a transsexual woman in Antalya was killed, reportedly due to her identity. The alleged perpetrator was subsequently arrested, and a trial was underway at year’s end. In October two LGBTI individuals were verbally and physically assaulted on a public bus in Antalya. According to activists, the perpetrators justified their actions to police using homophobic insults.

In April a transwoman reported that she was stopped on the street by police officers requesting she provide identification. After inspecting her identity card, police asked her, “Aren’t you ashamed? You are a man, why do you dress like a woman?”; when she tried to record their remarks, police used pepper spray before beating her and bringing her to the police station. After contacting a local LGBTI organization, the woman was released to a hospital. Police charged her with “insult” and resisting the officer on duty.

For the fifth consecutive year, the governor’s office banned Istanbul’s Pride March, citing public safety concerns. Despite the ban and heavy police presence, several hundred activists and supporters took part in the event. Police used tear gas and rubber bullets to break up crowds and prevent participants from entering areas in and around Taksim Square, briefly detaining five participants. Organizers did not hold a transgender march again during the year due to security concerns. Independent activists also reported police presence at all events during the week leading up to the pride march, which they interpreted as an intimidation tactic.

In addition to Istanbul, authorities prohibited pride marches from taking place in Ankara, Antalya, Izmir, Gaziantep, and Mersin. Local and international human rights groups widely criticized the decisions as violations of the freedom of assembly and freedom of expression. Events took place in most cities despite the bans and resulted in police interventions breaking up the marches.

In August Istanbul police blocked the “Queer Olympix” sporting event scheduled to take place in Istanbul with more than 130 athletes expecting to take part. Organizers reported on social media that authorities justified their action as “a precaution against provocations that may occur due to social sensitivities.” A review of media coverage of LGBTI issues by KAOS-GL, released in April, concluded that half of all stories contained hate speech and discriminatory language.

Some LGBTI groups reported harassment by police, government, and university authorities. University groups complained that rectors denied them permission to organize, and some indicated they faced administrative investigations or other sanctions for participating in events. In May students at the Middle East Technical University organized a pride march over the objections of the university administration. Police detained 22 individuals while breaking up the event using pepper spray, plastic bullets, and tear gas. Organizers reported that 10 of those detained were later stripped of scholarships and educational loans. Civil rights defenders criticized the subsequent indictment of 19 participants as legal harassment of the LGBTI community.

LGBTI organizations reported the government used regular and detailed audits against them to create administrative burdens and threatened the possibility of large fines.

Multiple sources reported discrimination in housing, since landlords refused to rent to LGBTI individuals or charged significantly higher prices.

Many persons with HIV/AIDS reported discrimination in access to employment, housing, public services, benefits, and health care. Rights organizations noted that the country lacked sufficient laws protecting persons with HIV/AIDS from discrimination and that there were legal obstacles to anonymous HIV testing. Due to pervasive social stigma against persons with HIV/AIDS, many individuals avoided testing for HIV due to fear the results would be used against them. In December, on World AIDS Day, the Positive Solidarity organization released a statement saying that 49 percent of the persons with HIV were not aware of their HIV status. They assessed that although access to diagnosis and treatment of HIV was readily available, persons avoided being tested due to concerns about social prejudices, stigmatization, and discrimination. In July a teacher was dismissed following the disclosure of his HIV-positive status to his employer by his workplace physician. The individual’s lawyer argued the information should have remained confidential and should not serve as a justification for dismissal. A lawsuit initiated by the dismissed employee continued at year’s end.

The government launched an HIV/AIDS control program to raise awareness and combat risk factors. The government also implemented HIV/AIDS education into the national education curriculum.

Alevis and Christians, including Armenian Apostolics, remained the subject of hate speech and discrimination. The term “Armenian” remained a common slur. Attacks on minority places of worship were rare.

According to the Hrant Dink Foundation’s Media Watch on Hate Speech Report, an analysis of national and local newspapers between January 1 and August 31 found 2,635 instances of published hate speech that targeted national, ethnic, and religious groups. The most-targeted groups were Syrians, Greeks, Jews, and Armenians.

Atheists also remained the subject of intimidation in progovernment media, albeit at a lower level relative to other religious minorities.

Conditional refugees and displaced Syrians under temporary protection also faced increased societal discrimination and violence during the year (see section 2.d.).

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes, but it places significant restrictions on these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity or payment of a fine equal to one year’s salary.

Certain public employees, such as senior officials, magistrates, members of the armed forces, and police, cannot form unions. The law provides for the right to strike but prohibits strikes by public workers engaged in safeguarding life and property and by workers in the coal mining and petroleum industries, hospitals and funeral industries, urban transportation, energy and sanitation services, national defense, banking, and education. For example, on October 4, a group of miners from Soma–the site of a 2014 disaster that left 301 workers dead–announced they would march 180 miles to Ankara to demand seniority indemnity payments for the previous five years. Jandarma reportedly prevented the miners from marching on October 6. Employees in some of these sectors were able to bargain collectively but were obligated to resolve disputes through binding arbitration rather than strikes.

The law allows the government to deny the right to strike in any situation it determines represents a threat to public health or national security. In January the government banned a strike by Izmir Suburban Rail System workers demanding salaries comparable to other rail transport workers, arguing that a strike would be disruptive to urban public transportation services. The government maintained a number of restrictions on the right of association and collective bargaining. The law requires unions to notify government officials prior to meetings or rallies, which must be held in officially designated areas and allow government representatives to attend their conventions and record the proceedings. A minimum of seven workers is required to establish a trade union without prior approval. To become a bargaining agent, a union must represent 40 percent of the employees at a given work site and 1 percent of all workers in that particular industry. Labor law prohibits union leaders from becoming officers of or otherwise performing duties for political parties or working for or being involved in the operation of any profit-making enterprise. Nonunionized workers, such as migrants and domestic servants, were not covered by collective bargaining laws.

The government did not enforce laws on collective bargaining and freedom of association effectively in many instances, and penalties were insufficient to deter violations. Labor courts functioned effectively and relatively efficiently, although appeals could often last for years. If a court ruled that an employer had unfairly dismissed a worker and should either reinstate or compensate the individual, the employer generally paid compensation to the employee along with a fine.

Public-sector employees dismissed under the 2016-18 state of emergency did not have access to adequate recourse to appeal their dismissals (see section 1.e.). The closure of foundations, universities, hospitals, associations, newspapers, television channels, publishing houses, and distributors under state of emergency decrees left employees jobless, without their salaries and severance payments, as part of the seizure of assets by the government. In June 2018 the International Labor Organization found that the government had unfairly dismissed or arrested worker representatives in addition to tens of thousands of public-sector workers. In a July 2018 report, the Confederation of Revolutionary Workers Unions (DISK) asserted that government actions under the state of emergency violated a range of labor rights and reported that 19 unions and confederations were shut down under the state of emergency, at times due to alleged affiliations with the Gulen movement. As of year’s end, the unions had not been reopened.

The government and employers interfered with freedom of association and the right to collective bargaining. Government restrictions and interference limited the ability of some unions to conduct public and other activities. Police were frequently present at union meetings and conventions, and some unions reported that local authorities prohibited public activities, such as marches and press conferences. In major cities authorities limited the traditional May 1 Labor Day rallies to distinct neighborhoods, while Labor Day activities in most other cities throughout the country faced no restrictions.

Official government statistics stated 52 workers lost their lives while working on the site of Istanbul’s new airport, while some union reports alleged the number was much higher. Police broke up a September 2018 on-site rally of workers protesting unsafe working conditions and unpaid wages at the construction site of Istanbul’s airport, leading to the detention of approximately 500 workers. Prior to their November 27 hearing, 67 defendants continued to face charges of destruction of property, disrupting the freedom to work, violating the law on public assemblies, and possession of weapons. None remained in detention or under judicial control.

According to DISK and CHP member of parliament Veli Agbaba, under the state of emergency, the government banned seven strikes that it deemed threats to national security and suspended 16 in 2019.

Employers used threats, violence, and layoffs in unionized workplaces. Unions stated that antiunion discrimination occurred regularly across sectors. Service-sector union organizers reported that private-sector employers sometimes ignored the law and dismissed workers to discourage union activity. Many employers hired workers on revolving contracts of less than a year’s duration, making them ineligible for equal benefits or bargaining rights. On March 7, chiefly female employees in the Flormar cosmetic company ended their strike and called for a boycott of the company’s products after 297 days protesting the firing of 132 women who complained of low pay and poor safety conditions in May 2018. The women accepted the company’s compensation offer.

The law generally prohibits all forms of forced or compulsory labor, but the government enforced such laws unevenly. Penalties were insufficient to deter violations. Forced labor generally did not occur, although some local and refugee families required their children to work on the streets and in the agricultural or industrial sectors to supplement family income (see section 7.c.).

Women, refugees, and migrants were vulnerable to labor trafficking. Although government efforts to prevent trafficking continued with mixed effect, authorities made improvements in identifying trafficking victims nationwide. Penalties for conviction of trafficking violations were sufficiently stringent compared with other serious crimes. The government did not make data on the number of arrests and convictions related to trafficking publicly available.

The government implemented a work permit system for registered Syrian adults with special temporary protected status; however, applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both conditional refugees and Syrians under special temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

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

The law allows children to perform light work that does not interfere with their school attendance from the age of 14 and establishes 16 as the minimum age for regular employment. The law prohibits children younger than 16 from performing arduous or dangerous work. The government prohibited children younger than 18 from working in certain professions or under hazardous conditions.

The government did not effectively enforce child labor laws but made efforts to address the problem. Resources and inspections were insufficient to effectively monitor and enforce prohibitions against the use of child labor. In the absence of a complaint, inspectors did not generally visit private agricultural enterprises that employed 50 or fewer workers, resulting in enterprises vulnerable to child labor exploitation.

Illicit child labor persisted, including in its worst forms, driven in part by large numbers of Syrian refugee children working in the country. Child labor primarily took place in seasonal agriculture (e.g., hazelnuts), street work (e.g., begging), and small or medium industry (e.g., textiles, footwear, and garments), although the overall scale of the problem remained unclear, according to a wide range of experts, academics, and UN agencies engaged on the issue. Parents and others sent Romani children to work on the streets selling tissues or food, shining shoes, or begging. Such practices were also a significant problem among Syrian and Afghan refugee children. The government implemented a work permit system for registered adult Syrian refugees with temporary protection status, but many lacked access to legal employment; some refugee children consequently worked to help support their families, in some cases under exploitative conditions. According to data from the Ministry of Family, Labor, and Social Services, in 2018, 50 workplaces were fined for violating rules prohibiting child labor.

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

The law does not explicitly address discrimination due to sexual orientation, gender identity, color, national origin or citizenship, social origin, communicable disease status, or HIV-positive status. The labor code does not apply to discrimination in the recruitment phase. Discrimination in employment or occupation occurred with regard to sex, ethnicity, religion, sexual orientation, HIV-positive status, and presence of a disability. Sources also reported frequent discrimination based on political affiliation and views. Penalties were insufficient to prevent violations.

Women faced discrimination in employment and were generally underrepresented in managerial-level positions in business, government, and civil society, although the number of women in the workforce increased compared with previous years. According to the Turkish Statistics Institute, the employment rate for women in 2018 was 29.1 percent (an increase from 28 percent in 2016), corresponding to 8.84 million women, compared with 65.5 percent employment for men. The World Economic Forum’s Global Gender Gap Report 2018 recorded that 36.1 percent of women participated in the labor force, compared with 33.8 percent in 2017.

For companies with more than 50 workers, the law requires that at least 3 percent of the workforce consist of persons with disabilities, while in the public sector, the requirement is 4 percent. Despite these government efforts, NGOs reported examples of discrimination in employment of persons with disabilities.

LGBTI individuals faced particular discrimination in employment. Some statutes criminalize the vague practice of “unchastity.” Some employers used these provisions to discriminate against LGBTI individuals in the labor market, although overall numbers remained unclear.

The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday/leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule. The Labor Ministry’s Labor Inspectorate effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. Government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries.

The government did not effectively enforce laws related to the minimum wage, working hours, and OSH in all sectors. The law did not cover workers in the informal economy, which accounted for an estimated 25 percent of the gross domestic product and more than one-quarter of the workforce. Penalties were not adequate to deter violations.

OSH violations were particularly common in the construction and mining industries, where accidents were frequent and regulations inconsistently enforced. The Assembly for Worker Health and Safety reported at least 1,606 workplace deaths during the first 11 months of the year. In many sectors workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. Overall numbers of labor inspectors remained insufficient to enforce compliance with labor laws across the country.

OSH laws and regulations covered both contract and unregistered workers but did not sufficiently protect them. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction. A majority of conditional refugees and Syrians under temporary protection were working informally as employers found too burdensome the application process for work permits (see section 2.f., Protection of Refugees).

Rape and Domestic Violence: The law criminalizes rape, and penalties range from three to 10 years in prison. Rape of a victim younger than age 14 is punishable by 10 to 25 years in prison. A cultural bias against reporting or acknowledging rape made it difficult to determine the extent of the problem.

The law prohibits domestic violence, including spousal abuse, through provisions in the criminal code that address intentional infliction of injury. Penalties range from fines to 15 years in prison, based on the extent of the injury, although enforcement of the law varied. Anecdotal reports indicated domestic violence against women was common; most victims of domestic violence kept silent because they were unaware of their rights or feared increased violence from husbands and relatives.

Sexual Harassment: No law specifically prohibits sexual harassment, and reports suggested sexual harassment existed in the workplace.

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

Discrimination: By law women have full legal equality with men, including equal pay, access to loans, the ability to start and own a business, and access to government jobs. Nevertheless, women continued to experience discrimination due to cultural biases, and the law was not consistently enforced. The government restricted women from working in some dangerous and environmentally unsafe jobs. Beginning in February police began a campaign of harassment of female drivers. On numerous occasions police confiscated women’s licenses and cars for ostensible minor reasons, such as lacking an item in the legally required first-aid kit. The government did not acknowledge, address, or report on discrimination against women.

Birth Registration: By law a child derives citizenship from his or her parents. A child born to stateless persons possessing permanent resident status in the country is also a citizen.

Education: Education was free, compulsory, and universal through grades 10 or 11, depending on what year a child started school.

Early and Forced Marriage: The legal minimum age for marriage is 18.

Sexual Exploitation of Children: The legal age of consent is 16. The law forbids the production of pornographic materials or objects for distribution, as well as the advertisement or trade in text, movies or videos, graphics, or other objects of a pornographic nature, including those involving children.

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 no organized Jewish community in the country. In 2016 it was estimated that 200 to 250 Jews resided in the country. There were no reports of anti-Semitic activity.

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 in employment, education, access to health care, and the provision of state services in other areas. But practical application, such as the accessibility of both public and private buildings, varied. Members of the disability rights community reported that persons with disabilities were generally unable to find satisfactory employment due to unofficial discrimination.

The government provided subsidies and pensions for persons with disabilities as well as housing, free health care, and tax-exempt status. The government constructed or was constructing comprehensive educational and treatment facilities for children with disabilities in all five provinces of the country.

The law provides for equal rights and freedoms for all citizens.

The law designates Turkmen as the official language, although it also provides for the rights of speakers of minority languages. Russian remained prevalent in commerce and everyday life in the capital, even as the government continued its campaign to conduct official business solely in Turkmen.

Non-Turkmen speakers in government noted that some avenues for promotion and job advancement were not available to them, and only a handful of non-Turkmen occupied high-level jobs in government. In some cases, applicants for government jobs had to provide information about their ethnicity going back three generations.

Sexual contact between men is illegal under Article 135 of the criminal code, with punishment of up to two years in prison and the possible imposition of an additional two- to five-year term in a labor camp. The law also stipulates sentences of up to 20 years for repeated acts of pederasty, same-sex acts with juveniles, or the spread of HIV or other sexually transmitted infections through same-sex contact. The law does not mention same-sex sexual contact between women. Enforcement of the law was selective. Antidiscrimination laws do not apply to lesbian, gay, bisexual, transgender, and intersex persons. Society did not accept transgender individuals, and the government provided no legal protection or recognition of their gender identity.

In October RFE/RL published an anonymous account by a 24-year-old doctor of his challenges as a gay man in the country. RFE/RL later reported the man had disappeared and named him as Kasymberdi Garaev. Garaev’s parents and siblings were also reportedly missing. After a few days, Garaev resurfaced and recanted his story. Chronicles of Turkmenistan reported that authorities informed all medical staff in the country that they needed to be tested for sexually transmitted diseases at their own expense because a doctor had “dishonored the profession with his immoral behavior.”

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions and to bargain collectively with their employers. The law prohibits workers from striking. The law does not prohibit antiunion discrimination against union members and organizers. There are no mechanisms for resolving complaints of discrimination nor does the law provide for reinstatement of workers fired for antiunion activity.

The government did not respect freedom of association or collective bargaining and did not effectively enforce the law. No penalties exist to deter violations. All trade and professional unions were government controlled, and none had an independent voice in its activities. The government did not permit private citizens to form independent unions. There were no labor NGOs in the country.

The law prohibits all forms of forced or compulsory labor. The law allows for compulsory labor as a punishment for criminal offenses, requiring that convicted persons work in the place and job specified by the administration of the penal institution, potentially including private enterprises. Compulsory labor may also be applied as a punishment for libel and for violation of the established procedure for the organization of assemblies, meetings, or demonstrations.

The law provides for the investigation, prosecution, and punishment of suspected forced-labor and other trafficking offenses. The government did not report the number of convictions during the year under its criminal code. The government did not effectively enforce the law. Resources, inspections, and remediation were inadequate. Information on the sufficiency and consistency of penalties for violations was unavailable.

The government frequently pressed students and public-sector workers to participate in or watch public events such as parades, sporting events, or holiday celebrations.

Opposition and independent media reported some isolated and unsubstantiated accounts of government mobilization of workers, particularly public-sector workers, for cotton picking. Media also included unverified reports that public sector-workers were told to hire someone to go in their place if they could not go to pick cotton.

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

According to the labor code, the minimum age at which a person can enter into a labor agreement or contract is 18. A 15-year-old child, however, may work four to six hours per day, up to 24 hours per week, with parental and trade union permission. The law prohibits children between the ages of 16 and 18 from working more than six hours per day or 36 hours per week. The law also prohibits children from working overtime or between the hours of 10 p.m. and 6 a.m. and protects children from exploitation in the workplace. A 2005 presidential decree bans child labor in all sectors and states specifically that children may not participate in the cotton harvest. Limited evidence, however, suggests that children may voluntarily work alongside their parents or other family members in the cotton harvest.

The Ministry of Justice and the Prosecutor General’s Office are responsible for enforcing the prohibition on child labor and can impose penalties for violations, including fines of up to 2,000 manat ($570) or suspension of an employer’s operations for up to three months. There are no official figures available or independent reporting on the number of violations to assess whether the Ministry of Justice and the Prosecutor General’s Office effectively enforced the 2005 presidential decree prohibiting child labor.

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

The law prohibits discrimination based on nationality, race, gender, origin, language, religion, disability, HIV-status or other communicable diseases, political beliefs, and social status. The government did not always effectively enforce the law, which does not specify penalties for discrimination on these grounds, with the exception of disability; discrimination against persons with disabilities is punishable by fines which are not sufficient to deter violations. The law does not prohibit discrimination based on age, sexual orientation, or gender identity.

Discrimination in employment and occupation based on gender, language, and disability (see section 6) was widespread across all sectors of the economy and government. Certain government positions required language exams, and all government positions required a family background check going back three generations. Civil society members reported the country retained a strong cultural bias against women in positions of power and leadership, making it difficult for some women to secure managerial positions based on their gender. Although the 2013 Code on the Social Protection of the Population defines social protection policies for persons with disabilities and establishes quotas and workplaces for persons with disabilities, it was not broadly enforced. Members of the disability rights community reported that persons with disabilities were generally unable to find satisfactory employment due to unofficial discrimination. There was no information on discrimination against internal migrant workers.

The minimum monthly wage in all sectors was above the poverty line. The standard legal workweek is 40 hours with weekends off.

The law states overtime or holiday pay should be double the regular wage. The law prohibits pregnant women, women with children up to age three, women with disabled children younger than age 16, and single parents with two or more children from working overtime. Laws governing overtime and holiday pay were not effectively enforced. The government, as well as many private-sector employers, required workers to work 10 hours a day or a sixth day without compensation. Reports indicated many public-sector employees worked at least a half day on Saturdays. There were no clearly defined penalties for violation of wage and hour provisions, and no state agency was designated for enforcement.

The government did not set comprehensive standards for occupational health and safety. There is no state labor inspectorate. State trade unions, however, employed 14 labor inspectors, who have the right to issue improvement notices to government industries. According to the law, trade union inspectors cannot levy fines, and there are no mechanisms for enforcement of improvement notices.

Employers did not provide construction workers and industrial workers in older factories proper protective equipment and often made these workers labor in unsafe environments. Some agricultural workers faced environmental health hazards related to the application of defoliants in preparing cotton fields for mechanical harvesting. Workers did not have the right to remove themselves from work situations that endangered their health or safety without jeopardy to their continued employment, and authorities did not protect employees in these situations. Statistics regarding work-related injuries and fatalities were not available.

Rape and Domestic Violence: Rape is punishable by a minimum sentence of five years’ imprisonment, but spousal rape is not included in the legal definition of this offense. The law recognizes domestic violence as a criminal offense. Under the law domestic violence offenses are punishable by a maximum five years’ imprisonment or a maximum fine of Australian dollars (AUD) 1,000 ($680), or both. Under the assault provisions of the penal code, the maximum penalty for common assault is six months’ imprisonment, and for assault with actual bodily harm, five years.

Police have a Domestic Violence Unit, employ a “no-drop” evidence-based prosecution policy in cases of violence against women, and operate a 24-hour emergency telephone line for victims of domestic violence. The law recognizes the existence of domestic violence and gives police explicit powers to intervene in violent circumstances, including the power to enter private property and order a person who has committed an act of domestic violence to vacate property, whether or not that individual has rights to that property, if another person at risk of further violence occupies it. The Women’s Crisis Center provided counseling services, but there were no shelters for abused women. Cases of rape and domestic violence often went unreported due to lack of awareness of women’s rights and traditional and cultural pressures on victims, although the Attorney General’s Office and police conducted nationwide awareness campaigns.

Sexual Harassment: The law does not specifically prohibit sexual harassment but prohibits indecent behavior, including lewd touching. The Tuvalu Study on People with Disability report, released by the government in 2018, found that women with disabilities were subject to abuse and harassment, including sexual abuse.

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

Discrimination: Aspects of the law contribute to an unequal status for women, for example in land inheritance and child custody rights. No law prevents employment discrimination based on gender or requires equal pay for equal work, and such discrimination occurred. Nonetheless, women increasingly held positions in the health and education sectors and headed a number of NGOs.

Birth Registration: A child derives citizenship at birth, whether born in the country or abroad, if either parent is a citizen. The law requires registration of births within 10 days, a practice generally observed.

Education: Education is compulsory until age 15. No law specifically mandates free basic education, but government policy generally provides free basic education for all.

Child Abuse: The government does not collect or publish data on child abuse, and there were no reports of child abuse during the year. Anecdotal evidence, however, indicated child abuse occurred. The law prohibits corporal punishment.

Early and Forced Marriage: The legal minimum age of marriage for both girls and boys is 18.

Sexual Exploitation of Children: The age of consent for sexual relations is 15. Sexual relations with a girl younger than 13 carries a maximum punishment of life imprisonment. Sexual relations with a girl older than 12 but younger than 15 carries a maximum penalty of five years’ imprisonment; however, no law prohibits the use, procurement, or offering of boys from age 15 through 17 for sex. The victim’s consent is irrelevant under both these provisions; however, in the latter case, reasonable belief the victim was 15 or older is a permissible defense. No provision of law pertains specifically to child pornography, although the penal code prohibits obscene publications in general. Although child trafficking is prohibited, the law prescribes a harsher punishment for the trafficking of adults than of children.

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

There was no known Jewish community, and there were no reports of anti-Semitic acts.

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

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. Government services to address the specific needs of persons with disabilities were very limited. There were no mandated building accessibility provisions for persons with disabilities. Persons with disabilities had limited access to information and communications, including participation in civic life.

A 2018 government report found that abuse and discrimination against persons with disabilities was prevalent, and women with disabilities were particularly vulnerable to abuse. There were no reports of investigations or punishment by the government for violence and abuses against persons with disabilities, but societal norms may limit the reporting of such incidents particularly against women and girls with disabilities.

Children with disabilities reportedly had lower school attendance rates at all levels than other children. Some students with disabilities attended public primary schools both in Funafuti and in the outer islands. Parents decide which school a child with disabilities attends after consultation with an adviser from the Fusi Alofa Association, a disabilities-focused NGO.

The law prohibits sexual conduct between men, with penalties of seven to 15 years’ imprisonment, but there were no reports the government enforced these provisions of the law. The law does not specifically prohibit discrimination based on sexual orientation or gender identity. There are no hate crime laws, nor are there criminal justice mechanisms to aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, and intersex community. There were no reports of violence against persons based on sexual orientation or gender identity, but social stigma or intimidation may inhibit reporting of such discrimination or violence.

Persons with HIV/AIDS faced some societal and employment discrimination. The government and NGOs cooperated to inform the public regarding HIV/AIDS and to counter discrimination.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join independent unions, bargain collectively, and conduct legal strikes. The law does not permit public-sector employees such as civil servants, teachers, and nurses to form and join unions. They may join professional associations that have the right to bargain collectively but not the right to strike. No law prohibits antiunion discrimination or requires reinstatement of workers fired for union activity.

In general the government effectively enforced these laws. By law employers who violate laws on freedom of association and the right to collective bargaining are liable to a maximum fine of AUD 5,000 ($3,390). These penalties were adequate to deter violations. The law also provides for voluntary conciliation, arbitration, and settlement procedures in cases of labor disputes. In general these procedures were not subject to lengthy delays or appeals.

Although there are provisions for collective bargaining and the right to strike, the few private-sector employers set their own wage scales. Both the private and public sectors generally used nonconfrontational deliberations to resolve labor disputes. There was only one registered trade union, the Tuvalu Overseas Seamen’s Union. There were no reports of antiunion discrimination.

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced the law. Anyone who exacts, procures, or employs forced or compulsory labor is liable to up to 10 years’ imprisonment. There were no reports of forced labor during the year.

The law prohibits the employment of children except in light work and of children younger than age 18 in hazardous work. The government has not specified the types of hazardous work prohibited for children; previous provisions only applied to a male person younger than age 18 in the industrial, mining, and fishing sectors. The worst forms of child labor are prohibited, including the sale or trafficking of children; engagement in activities connected to armed conflict; prostitution; and use, procuring, or offering of a child for the production of pornography or pornographic performances or trafficking of illegal drugs.

The government did not have sufficient resources to monitor or enforce child labor laws and depended instead on communities to report offenses.

Anyone convicted of violating the law on the employment of children is liable to up to 10 years’ imprisonment. Children rarely engaged in formal employment but did work in subsistence fishing. The government does not collect or publish data on child labor.

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

Labor laws and regulations do not prohibit discrimination based on race, color, sex, religion, political opinion, national origin, age, disability, language, sexual orientation, gender identity, HIV or other communicable disease status, or social status, and these persons sometimes experienced discriminatory practices. There were no reports during the year of discrimination in employment and wages. In the wage economy, men held most higher-paying positions. Nonetheless, women increasingly held senior positions in government, particularly in the health and education sectors. Few women could access credit to start businesses. Local agents of foreign companies that hired local seafarers to work abroad also barred persons with HIV/AIDS from employment.

The law provides for the government to set a minimum wage, but the Department of Labor had not done so.

The law sets the workday at eight hours, and the Department of Labor may specify the days and hours of work for workers in various industries. Although the law provides for premium pay and overtime work, there are no established premium overtime rates or maximum hours of work. The law provides for rudimentary health and safety standards and requires employers to provide adequate potable water, basic sanitary facilities, and medical care. Workers can remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in such situations.

Enforcement of standards in all sectors, including the informal economy, was inconsistent. By law penalties for violations of laws related to acceptable conditions of work are liable to a maximum fine of AUD 5,000 ($3,390). These penalties were adequate to deter violations. The Department of Labor is responsible for enforcing wage, hour, health, and safety regulations, but it did not have sufficient resources or inspectors to formally and regularly conduct workplace inspections; inspectors did follow-up when the Labor Department received complaints.

Approximately 75 percent of the working-age population lacked permanent, formal employment and worked in the informal and subsistence economy. There was no system for reporting and publishing workplace injuries or deaths.

Rape and Domestic Violence: The law criminalizes rape of women, which is punishable by life imprisonment or death. The law does not address spousal rape. The penal code defines rape as “unlawful carnal knowledge of a woman or a girl without her consent.” Men accused of raping men are tried under a section of the penal code that prohibits “carnal knowledge of any person against the order of nature.” The law also criminalizes domestic violence and provides up to two- years’ imprisonment for conviction.

Rape remained a common problem throughout the country, and the government did not effectively enforce the law. Local media reported numerous incidents of rape, often involving kidnap and killings of women, but the authorities were often unable to investigate and hold perpetrators accountable. Local media often reported that perpetrators of rape included persons in authority, such as religious leaders, local government officials, UPF and UPDF officers, teachers, and university staff. According to local media and local civil society organizations, rape victims often felt powerless to report their abusers, in part to avoid stigmatization. Civil society organizations and local media reported that, even when women reported cases of rape to the police, UPF officers blamed the women for causing the rape by dressing indecently, took bribes from the alleged perpetrators to stop the investigation and to pressure the victims into withdrawing the cases, or simply dismissed the accusations and refused to record them. According to civil society organizations, UPF personnel lacked the required skills for collection, preservation, and management of forensic evidence in sexual violence cases. On February 18, local media reported that a male UPF officer attached to Kirinya Police Station raped a female suspect. According to local media, the officer on the night of February 9 pulled the suspect out of the cell and into the open yard used to store impounded vehicles, where he threatened her with death if she resisted and then raped her. Afterward he ordered her back to the cell. Local media reported that, after the UPF released the victim on police bond, she attempted for three days to report the rape to the same police station, but the officers at Kirinya Police Station refused to record the case. The victim then reported the matter to Kira Police Station, where the officers recorded the matter and had the errant officer arrested. The UPF said it was conducting investigations in order to charge its officer with rape in court but did not do so by year’s end.

Gender-based violence was also common according to local media and civil society organizations. On August 12, local media reported that a UPDF officer beat an 18-year-old pregnant woman after she declined his sexual advances. The UPDF said it had arrested the officer as it carried out its investigations but did not reveal any findings by year’s end. The local civil society organizations Action Aid, MIFUMI, and the Center for Domestic Violence Prevention operated shelters in regions across the country where victims of gender-based violence could receive counseling and legal advice.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C and establishes a maximum penalty of 10 years’ imprisonment for convicted perpetrators, or life imprisonment if the victim dies. According to the 2016 Demographics and Health Survey (DHS), the latest DHS, 0.3 percent of the female population under age 50 have undergone FGM/C. On January 21, local media reported that large “gangs” of at least 100 persons, armed with machetes and sticks, marched through Kween district, forcibly dragged girls out of their houses, and subjected them to FGM/C. Local media reported that the gangs beat up UPF officers who attempted to intervene. Deputy Minister for Gender, Labor, and Social Development Peace Mutuuzo said persons who aspired to political office in the 2021 local elections in Kween, Kapchorwa, and Bukwo regions, where FGM/C was prevalent, were funding FGM/C as a strategy for winning hearts and minds. The UPF said it had arrested 16 men and three women it suspected of involvement in forceful FGM/C. The speaker of parliament noted that the government allocated 200 million shillings ($53,333) annually to fight FGM/C, and Mutuuzo said her ministry used this money to sensitize communities against the practice.

Other Harmful Traditional Practices: According to local media and NGOs, ritual child killings, violence against widows, and acid attacks were prevalent. Local media reported that traditional healers (witch doctors) kidnapped and killed children to use their organs for ancestral worship. Local NGOs reported cases in which wealthy entrepreneurs and politicians paid traditional healers to sacrifice children to ensure their continued wealth and then bribed police officers to stop the investigations. On August 23, local media reported that the UPF had started a manhunt for a man who attempted to kill his daughter as sacrifice in ancestral worship. Emmanuel Bwana reportedly blindfolded his 13-year-old daughter and drove her to an animist’s shrine, where they stripped her naked and started to perform traditional rituals. The animist, however, rejected the girl as sacrifice because she was menstruating. The UPF did not arrest the man by year’s end.

Sexual Harassment: The law criminalizes sexual harassment and provides for penalties of up to 14 years’ imprisonment, but authorities did not effectively enforce the law. Sexual harassment was a widespread problem in homes, schools, universities, workplaces, and in public spaces. Local media reported numerous incidents of male senior public servants in the legislature and judiciary who demanded sexual favors from female subordinates in exchange for job retention, promotion, and nomination for official trips. Local media reported that public attorney Samantha Mwesigye on March 10 petitioned the Office of the Prime Minister seeking action against her superior, Deputy Solicitor General Christopher Gashirabake, who, she said, sexually harassed her for 10 years. Mwesigye noted that she had received no assistance despite having written to the Solicitor General several times over the years and had instead been advised to “use peaceful means” to resolve the issue instead of instituting a sexual harassment committee to carry out investigations as mandated by law. On May 20, the Solicitor General said he had finally formed a committee to investigate Mwesigye’s allegations. The committee concluded on August 21 that it had cleared Gashirabake of the sexual harassment allegations having found no evidence to prove that he had victimized Mwesigye. On September 2, local media reported that Mwesigye missed her August salary after the judiciary took her off its payroll. According to local media, the judiciary said Mwesigye went off the payroll automatically after she absconded from work for 30 days.

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

Discrimination: The law provides women the same legal status and rights as men, but the government did not enforce the law effectively. Local NGOs reported numerous cases of discrimination against women, including in divorce, employment, education, and owning or managing businesses and property. Many customary laws discriminate against women in adoption, marriage, divorce, and inheritance. Under customary laws in many areas, widowed women cannot own or inherit property or retain custody of their children. Local NGOs reported that the government occasionally paid significantly less compensation to women than men in exchange for land it repossessed, while in some cases, it forcefully evicted women without compensation. Traditional divorce law in many areas requires women to meet stricter evidentiary standards than men to prove adultery. In some ethnic groups, men can “inherit” the widows of their deceased brothers. The law does not recognize cohabiting relationships, and women involved in such relationships have no judicial recourse to protect their rights.

Birth Registration: The law accords citizenship to children born inside or outside the country if at least one parent or grandparent is a citizen at the time of birth. Abandoned children younger than age 18 with no known parents are considered citizens, as are children younger than 18 adopted by citizens.

The law requires citizens to register a birth within three months. Lack of birth registration generally did not result in denial of public services although some primary schools, especially those in urban centers, required birth certificates for enrollment. Enrollment in public secondary schools, universities, and other tertiary institutions required birth certificates. For additional information, see Appendix C.

Education: The law provides for compulsory education through the completion of primary school by age 13, and the government provided tuition-free education in select public primary and secondary schools (ages six to 18 years). Parents, however, were required to provide lunch and schooling materials for their children, expenses that many parents could not afford. Local media and civil society organizations reported that early and forced marriages and teenage pregnancy led to a higher rate of school dropouts for girls than for boys.

Child Abuse: The law prohibits numerous forms of child abuse and provides penalties of 2,400,000 shillings ($640) or five-year imprisonment or both for persons convicted of abusing children’s rights. The law defines “statutory rape” as any sexual contact outside marriage with a child younger than the age of 18, regardless of consent or age of the perpetrator, carrying a maximum penalty of death. Victims’ parents, however, often opted to settle cases out of court for a cash or in-kind payment. Corporal punishment in schools is illegal and punishable by up to three-year’s imprisonment. The law also provides for protection of children from hazardous employment and harmful traditional practices, including child marriage and FGM/C. Despite the law a pattern of child abuse existed in sexual assault, physical abuse, ritual killings, early marriage, FGM/C, child trafficking, infanticide, and child labor, among other abuses. Local media reported that in the vast majority of schools beating with a cane was the preferred method of discipline. A 2018 UNICEF report stated that three in four children had experienced physical violence both at home and in school. Government statistics also showed that more than one in three girls experienced sexual violence during her childhood, and that most did not report the incidents because they feared they would be shamed or embarrassed. Local media reported in February that traffickers at Arapai market in Soroti district auctioned off children, whose purchasers thereafter often forced them into sexual exploitation and begging (see section 7.c.).

Early and Forced Marriage: The legal minimum age for marriage is 18, but authorities generally did not enforce this law. The DHS 2016 reported that 34 percent of women ages 20-24 married before age 18. Local media and civil society organizations reported that some parents in rural areas forced their teenage daughters into marriage after they got pregnant while others did so to earn dowries. Several local governments passed ordinances to outlaw early marriages. The Buyende District local government requires local government leaders to see birth certificates for the couple before registering marriages in order to confirm that the couple had reached the age of consent.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation, the sale and procurement of sexual services, and practices related to child pornography. It sets the minimum age for consensual sex at 18 years. The government did not enforce the law effectively, however, and the problem was pervasive. On February 29, local media reported that the UPF arrested a 71-year-old German philanthropist, Bernhard Bery Glaser, on allegations that he sexually abused girls at his gender-based-violence shelter in Kalangala district. The UPF reported that Glaser kept 30 girls at the shelter and forced them to take turns sleeping in his bedroom. Local UPF personnel told local media that they approved transfer of the girls to the shelter despite having received prior reports from the community over a five-year period suggesting wrongdoing at the shelter. The government charged Glaser with aggravated defilement and trafficking on April 2. The trial continued at year’s end.

Child Soldiers: The LRA, an armed group of Ugandan origin operating in the DRC, South Sudan, and the Central African Republic, continued to hold children against their will.

Infanticide or Infanticide of Children with Disabilities: Local media and civil society organizations reported numerous incidents where animists killed children as sacrifice in ancestral worship.

Displaced Children: Local civil society organizations and media reported that poverty and famine drove families in the remote northeast Karamoja region to send many children to Kampala to find work and beg on the streets. Civil society organizations reported that traffickers often manipulated families in Karamoja to sell their children to traffickers with promises that the children would obtain a good education or a profitable job. Instead, traffickers forced the children to beg on the streets of Kampala or other major cities and gave them almost none of what they earned. Kampala City authorities worked with civil society organizations to return Karamojong street children to their families, but often the families soon returned the children to the streets because they partly depended on their collections to maintain their households.

Institutionalized Children: Local NGOs and the UHRC reported that the UPF often detained child and adult suspects in the same cells and held them beyond the legal limit of 48 hours prior to arraignment. The UHRC attributed this to the absence of juvenile cells at police stations and the continued failure to ascertain the correct age of suspects. According to local media, the UPF also raided several shelters for vulnerable and homeless children where it accused the management of sexually abusing the children.

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

The Jewish community had approximately 2,000 members centered in Mbale District, in the eastern part of the country. 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, or mental disabilities. It provides for access to education, employment, health services, information, communications, buildings, transportation, and the judicial system for persons with disabilities, but the government did not effectively enforce the law. Local media and activists for persons with disabilities reported that persons with disabilities experienced social prejudice and discrimination in social service delivery and in access to public spaces. According to local media, persons with disabilities said that taxes hampered their access to telecommunication technology. NGOs for persons with disabilities reported that a 2018 tax that levied a daily 200 shillings ($0.05) fee on social media use made communication expensive for deaf people, who used video online apps to communicate. Local media reported that some parents with children with disabilities hid them from the public out of shame, while some physically restrain them from moving by tethering them to tree trunks. Local civil society organizations reported that the government neither ran any support programming for persons with albinism, nor made an effort to establish the number of those with albinism or their concerns.

There were reports that the authorities used violence to displace an ethnic community from disputed land. According to local media and opposition politicians, authorities continued to evict members of the Acholi community from the disputed village of Apaa as they had in prior years. Media reports noted that at least 2,100 Acholi whom the UPDF and the Ugandan Wildlife Authority had evicted since 2017 remained displaced, with no access to farming land. On several occasions the government announced that all residents should vacate Apaa village to make way for a wildlife reserve but reversed the decision after uproar from the community’s leaders. The president then instituted a committee to devise a peaceful solution to the issue, but the committee did not report its findings by year’s end.

Indigenous minorities continued to accuse the government of marginalization that disabled them from participating in decisions affecting their livelihood. The UHRC reported that the government denied recognition to several ethnic minorities, leading them to “experience a sense of exclusion and marginalization.” The UHRC also reported that the government denied ethnic minorities access to adequate social services, particularly healthcare and education. The UHRC reported that the government continued in its refusal to compensate the Benet and Batwa people, whom it displaced from lands it designated as forest reserves. It noted that primary schools in the western part of the country forced pupils from minority ethnicities to study in the languages spoken by the dominant ethnicity in the region.

Consensual same-sex sexual conduct is illegal according to a colonial-era law that criminalizes “carnal knowledge of any person against the order of nature” and provides for a penalty of up to life imprisonment. Although the law does not restrict freedoms of expression or peaceful assembly for those speaking out about the human rights of LGBTI persons, in practice the government severely restricted such rights. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, or access to government services.

LGBTI persons faced discrimination, legal restrictions, harassment, violence, and intimidation. Authorities perpetrated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists. Local civil society organizations reported that public and private health-care services turned away LGBTI persons who sought medication and some led community members to beat LGBTI persons who sought health care. Local civil society organizations reported that some LGBTI persons needed to pay bribes to public health-care providers before they received treatment. On October 23, the UPF subjected 16 homosexual and transgender people to forced medical examinations in an effort to “gather evidence” to support criminal charges against them for having participated in activities “against the order of nature.” On May 17, the UPF blocked a public meeting by LGBTI activists and persons to mark the International Day against Homophobia and Transphobia. UPF officers arrived at the designated venue an hour in advance and turned away guests, saying it was “an illegal assembly.” According to local civil society organizations, the UPF on August 20 arrested 33 transgender persons who were attending a training on sustainable development goals. On August 21, the government charged the 33 with holding an illegal assembly but later released them on bail. The case continued at year’s end.

Although the law prohibits discrimination against persons with HIV/AIDS, discrimination and stigma were common and inhibited these persons from obtaining treatment and support. Local civil society organizations reported the stigma resulted from limited public knowledge about the methods of HIV transmission as well as “the belief that having HIV is shameful.” Civil society organizations reported that stigma pushed persons living with HIV to exclude themselves from social services and employment opportunities, including care programs. Local media and civil society organizations reported numerous incidents of parents who abandoned children living with HIV; and of persons, particularly men, who abandoned spouses who were living with HIV. The UPF, the UPS, and the UPDF regularly refused to recruit persons who tested positive for HIV, claiming their bodies would be too weak for the rigorous training and subsequent deployment.

In cooperation with the government, international and local NGOs sponsored public awareness campaigns to eliminate the stigma of HIV/AIDS. Government and HIV/AIDS counselors encouraged the population to test for and share information about HIV/AIDS with their partners and family. Persons with HIV/AIDS formed support groups to promote awareness in their communities.

Mob violence remained a problem. Communities often resorted to mob violence due to a lack of confidence in the UPF and the judiciary to deliver justice. They attacked and killed persons suspected of robbery, murder, rape, theft, ritual sacrifice, and witchcraft, among other crimes. Mobs often beat, lynched, burned, and otherwise brutalized their victims. On June 26, local media reported motorcycle taxi drivers in Kampala attacked two men they suspected of attempting to steal a motorcycle. According to media reports, the motorcycle taxi drivers took turns driving over one of the suspects while others beat the second with sticks and stoned him. The UPF said they managed to disperse the mob and take the suspected thieves to the hospital, but one died soon after admission.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for workers, except members of the armed forces, to form and join independent unions, bargain collectively, and conduct legal strikes. The Ministry of Gender, Labor, and Social Development must register unions before they may engage in collective bargaining.

The law allows unions to conduct activities without interference, prohibits antiunion discrimination by employers, and provides for reinstatement of workers dismissed for union activity. The law also empowers the Minister of Gender, Labor, and Social Development and labor officers to refer disputes to the Industrial Court if initial mediation and arbitration attempts fail.

The government did not effectively enforce applicable labor laws. Civil society organizations said the Ministry of Gender, Labor, and Social Development did not allocate sufficient funds to hire, train, and equip labor inspectors to enforce labor laws effectively. Employers who violated a worker’s right to form and join a trade union or bargain collectively faced penalties that were generally insufficient to deter violations.

The government generally did not protect the constitutionally guaranteed rights to freedom of association and collective bargaining. Antiunion discrimination occurred, and labor activists accused several private companies of deterring employees from joining unions. On May 24, the leadership of the Uganda National Teachers Union claimed that resident district commissioners and other local officials were threatening teachers to stop their industrial action or face repercussions.

The law prohibits forced or compulsory labor, including by children, but does not prohibit prison labor. The law states that prison labor constitutes forced labor only if a worker is “hired out to, or placed at the disposal of, a private individual, company, or association.” Those convicted of using forced labor are subject to penalties that are ineffective to deter violations.

Local civil society organizations and media reported that many citizens working overseas, particularly in the Gulf States, became victims of forced labor. Civil society organizations reported that traffickers and legitimate recruitment companies continued to send mainly female jobseekers to Gulf countries where many employers treated workers as indentured servants, withheld pay, and subjected them to other harsh conditions. Media reported on several local women trafficked to the Middle East, some of whom suffered serious injury or death.

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

The law prohibits the worst forms of child labor but allows children as young as 12 years of age to do some types of hazardous work under adult supervision. Children are required to attend school until age 13. This standard makes children ages 13 to 15 vulnerable to child labor because they are not required to attend school but are not legally permitted to do most types of work. The law places limitations on working hours and provides for occupational safety and health restrictions for children. The government did not effectively enforce the law and penalties were insufficient to deter violations.

Child labor was common, especially in the informal sector. Local civil society organizations and the UHRC reported that children worked in fishing, gold and sand mining, cattle herding, grasshopper collecting, truck loading, street vending, begging, scrap collecting, street hawking, stone quarrying, brick making, road construction and repair, car washing, domestic services, service work (restaurants, bars, shops), cross-border smuggling, and commercial farming (including the production of tea, coffee, sugarcane, vanilla, tobacco, rice, cotton, charcoal, and palm oil). Local civil society organizations and media reported that poverty led children to drop out of school to work on commercial farms while some parents took their children along to work in artisanal mines to supplement family incomes. According to government statistics, children from nearly half of all families living on less than $1 a day dropped out of school to work. Local civil society organizations reported that orphaned children sought work due to the absence of parental authority. Local civil society organizations and local media also reported commercial sexual exploitation of children (see section 6).

Local NGOs reported that children who worked as artisanal gold miners were exposed to mercury, and many were unaware of the medium- to long-term effects of the exposure. They felt compelled to continue working due to poverty and a lack of employment alternatives. Children also suffered injuries in poorly dug mine shafts that often collapsed.

On June 18, a group of government officials, journalists, and civil society organization staff traveled to the eastern portion of the country to verify media reports of a market where traffickers sold children. The group reported they found girls ages 12-16, usually from Karamoja, who had been sold for 20,000-50,000 shillings ($5.33-$13.33) and been taken to Kampala where they worked as beggars, domestic workers, or prostitutes in the commercial sex trade.

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 .

While the law prohibits discrimination in respect of employment and occupation, the government did not effectively enforce the law, and penalties were insufficient to deter violations. Although the law prohibits discrimination based on race, sex, religion, political opinion, national origin or citizenship, social origin, refugee or stateless status, disability, age, language, and HIV or communicable disease status, it did not prohibit discrimination based on sexual orientation or gender identity and LGBTI persons faced social and legal discrimination. From March 2018 to June, Pius Bigirimana, the Permanent Secretary of the Ministry of Gender, Labor, and Social Development, led the African delegation in negotiating the standards of the International Labor Organization for violence and harassment in the world of work. Bigirimana led the Africa delegation in a walk out in 2018 in protest to the inclusion of LGBTI people as a vulnerable group. In June, Bigirimana successfully negotiated to remove the broader definition of vulnerable groups that included LGBTI people among others, arguing that the list was not exhaustive, and each member state would be free to determine what it considered vulnerable groups.

The law technically provides for a national minimum wage much lower than the government’s official poverty income level. This minimum wage standard was never implemented, and the level has not changed since 1984. On February 19, parliament passed the Minimum Wage Bill of 2015, which included provision for a board to establish minimum wages for different sectors. Official parliamentary communications reported that on August 21 President Museveni declined to sign the bill, arguing that existing law was sufficient. The government did not enforce existing wage laws effectively and as a result, penalties were insufficient to deter violations.

The maximum legal workweek is 48 hours, and the maximum workday is 10 hours. The law provides that the workweek may be extended to 56 hours per week, including overtime, with the employee’s consent. An employee may work more than 10 hours in a single day if the average number of hours over a period of three weeks does not exceed 10 hours per day, or 56 hours per week. For employees who work beyond 48 hours in a single week, the law requires employers to pay a minimum of 1.5 times the employee’s normal hourly rate for the overtime hours, and twice the employee’s normal hourly rate for work on public holidays. For every four months of continuous employment, an employee is entitled to seven days of paid annual leave. Nonetheless, local civil society organizations reported that most domestic employees worked all year round without leave.

The law establishes occupational safety and health standards and regulations for all workers, but according to local civil society organizations, the Ministry of Labor’s Department of Occupational Safety and Health did not fully enforce them. The law authorizes labor inspectors to access and examine any workplace, issue fines, and mediate some labor disputes. While the law allows workers to remove themselves from situations that endanger their health or safety without jeopardizing their employment, legal protection for such workers was ineffective.

Authorities did not effectively enforce labor laws due to insufficient resources for monitoring. The number of inspectors was insufficient to enforce the law. The labor officers often depended on complainants and local civil society organizations to pay for their travel to inspection sites. Platform for Labor Action (PLA) reported that many of the 73 labor officers were in fact dual-hatted as social workers and only did labor-related work when a complainant reported an abuse.

According to PLA and the National Organization of Trade Unions (NOTU), most workers were unaware of their employers’ responsibility to ensure a safe working environment, and many did not challenge unsafe working conditions, for fear of losing their jobs.

Labor officials reported that labor laws did not protect workers in the informal economy, including many domestic and agricultural workers. According to government statistics, the informal sector employed up to 86 percent of the labor force. The formal pension systems covered less than 10 percent of the working population.

PLA reported that violations of standard wages, overtime pay, or safety and health standards were common in the manufacturing sector.

During the year the OHCHR and human rights groups documented fewer incidents of xenophobic societal violence and discrimination, compared with a spike in these incidents in 2018. Civil society groups remained concerned, however, about the lack of accountability for crimes committed by radical groups in cases documented in 2018. During the year members of such groups committed violent attacks on ethnic minorities (especially Roma), LGBTI persons, feminists, and other individuals they considered to be “un-Ukrainian” or “anti-Ukrainian.” The HRMMU noted that the failure of police and prosecutors to prevent these acts of violence, properly classify them as hate crimes, and effectively investigate and prosecute them created an environment of impunity and lack of justice for victims.

There were continued reports that the government provided grant funds to or cooperated with radical groups. For example, according to monitoring by independent investigative media outlet Bellingcat, during the year the Ministry of Youth and Sport awarded 845,000 hryvnias ($35,000) to groups–such as National Corps and C14 that have committed violence against minorities–to run “national-patriotic education projects” for children.

Rape and Domestic Violence: The law prohibits rape of men or women. The penalty for rape is three to 15 years’ imprisonment. Sexual assault and rape continued to be significant problems.

On January 11, amendments to the criminal code increasing liability for sexual, domestic, and gender-based violence came into force. The amendments expanded the definition of rape and introduced stricter punishment for sexual coercion by up to three years of prison and forced abortion or sterilization by up to five years.

Domestic violence against women remained a serious problem. Spousal abuse was common. According to the Ministry of Internal Affairs, 761 cases of domestic violence were registered during the first nine months of the year. Police issued approximately 44,000 domestic violence warnings and protection orders during the first nine months of the year. Punishment included fines, emergency restraining orders of up to 10 days, ordinary restraining orders from one to six months, administrative arrest, and community service. Human rights groups noted that the ability of agencies to detect and report cases of domestic violence was limited. Human rights groups asserted that law enforcement often did not consider domestic violence to be a serious crime but rather a private matter to be settled between spouses, but they also noted that police were starting to take the problem more seriously.

According to press reports, in early March an intoxicated man stabbed his 25-year-old former wife in Podolsk. The woman managed to run to a hospital, despite being pursued by her former husband. Their seven-year-old daughter witnessed the crime. Odesa police found and detained the perpetrator two days later. He was charged with “intentional infliction of bodily harm.”

According to the NGO La Strada, the conflict in the Donbas region led to a surge in violence against women across the country. Human rights groups attributed the increase in violence to posttraumatic stress experienced by IDPs fleeing the conflict and by soldiers returning from combat. IDPs reported instances of rape and sexual abuse; many claimed to have fled areas controlled by Russia-led forces because they feared sexual abuse.

As of late September the government operated 24 shelters for victims of domestic violence and 21 centers for social and psychological aid across the country for victims of domestic violence and child abuse.

Sexual Harassment: While the law prohibits coercing a person to have sexual intercourse, legal experts stated that safeguards against harassment were inadequate. The law puts sexual harassment in the same category as discrimination and sets penalties ranging from a fine to three years in prison. Women’s rights groups reported continuing and widespread sexual harassment, including coerced sex, in the workplace. Women rarely sought legal recourse because courts declined to hear their cases and rarely convicted perpetrators.

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

Discrimination: While the law provides that women enjoy the same rights as men, women experienced discrimination in employment. According to the government commissioner on gender policy, women on average received 30 percent lower salaries than men. The Ministry of Health maintained a list of 50 occupations that remain prohibited for women.

Birth Registration: Either birth in the country or to Ukrainian parents conveys citizenship. A child born to stateless parents residing permanently in the country is a citizen. The law requires that parents register a child within a month of birth, and failure to register sometimes resulted in denial of public services.

Registration of children born in Crimea or Russia-controlled areas in Donbas remained difficult. Authorities required hospital paperwork to register births. Russia-backed “authorities” routinely kept such paperwork if parents registered children in territories under their control, making it difficult for the child to obtain a Ukrainian birth certificate. In addition authorities did not recognize documents issued by Russian occupation authorities in Crimea or “authorities” in territories controlled by Russia-led forces. Persons living in Crimea and parts of Russia-controlled Donbas had to turn to Ukrainian courts with birth or death documents issued by occupational authorities in order to receive Ukrainian documents. The courts were obliged to make rulings in 24 hours; these decisions were then carried out by the registry office. Due to the lack of judges in local courts, Ukrainians living in regions occupied by Russia and Russia-led forces faced serious difficulty obtaining Ukrainian documents.

Child Abuse: Penalties for child abuse range from three years to life, depending on severity. The law criminalizes sexual relations between adults and persons younger than 16; violations are punishable by imprisonment of up to five years. A January 11 amendment to the criminal code qualifies sexual relations with a person younger than 14 as rape.

Human rights groups noted authorities lacked the capability to detect violence against children and refer victims for assistance. Preventive services remained underdeveloped. There were also instances of forced labor involving children (see section 7.c.).

Authorities did not take effective measures to protect children from abuse and violence and to prevent such problems. The ombudsman for human rights noted the imperfection of mechanisms to protect children who survived or witnessed violence, particularly violence committed by their parents. According to the law, parents were the legal representatives of their children, even if they perpetrated violence against them. There is no procedure for appointing a temporary legal representative for a child during the investigation of alleged parental violence.

According to press reports, on May 27, police officers in Zhytomyr Oblast, while visiting the home of local residents, learned that a child was missing. Police uncovered that a few months earlier, the stepfather had hit a child, who fell and died as a result. Both spouses then burnt the body. Authorities detained the parents detained on charges of first-degree murder and removed two other children from the family and placed them in a rehabilitation center.

Early and Forced Marriage: The minimum age for marriage is 18. A court may grant a child as young as 16 permission to marry if it finds marriage to be in the child’s interest. Romani rights groups reported early marriages involving girls younger than 18 were common in the Romani community.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum prison sentence for child rape is eight years. Molesting a child younger than 16 is punishable by imprisonment for up to five years. The same offense committed against a child younger than 14 is punishable by imprisonment for five to eight years. The age of consent is 16.

Sexual exploitation of children, however, remained significantly underreported. Commercial sexual exploitation of children remained a serious problem.

Domestic and foreign law enforcement officials reported that a significant amount of child pornography on the internet continued to originate in the country. The International Organization for Migration (IOM) reported that children from socially disadvantaged families and those in state custody continued to be at high risk of trafficking, including for commercial sexual exploitation and the production of pornography. For example, on September 4, the Pechersk District Court in Kyiv authorized the arrest of a Kyiv resident who allegedly produced and disseminated pornography of his two children. An investigation was underway as of October.

Displaced Children: The majority of IDP children were from Donetsk and Luhansk Oblasts. According to the Ministry of Social Policy, authorities registered more than 240,000 children as IDPs. Human rights groups believed this number was low.

Institutionalized Children: The child welfare system continued to rely on long-term residential care for children at social risk or without parental care, although the number of residential-care institutions continued to drop. Government policies to address the abandonment of children reduced the number of children deprived of parental care. A government strategy for 2017-2026 calls for the transformation of the institutionalized child-care system into one that provides a family-based or family-like environment for children.

Human rights groups and media outlets reported unsafe, inhuman, and sometimes life-threatening conditions in some institutions. Officials of several state-run institutions and orphanages were allegedly complicit or willfully negligent in the sex and labor trafficking of girls and boys under their care.

On August 15, press outlets reported that 20 children between the ages of 10 and 17 from the Batiovo Orphanage in Zakarpattia Oblast reported physical violence and sexual abuse. Local police started an investigation.

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 HYPERLINK “https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html”https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

According to census data and international Jewish groups, an estimated 103,600 Jews lived in the country, constituting approximately 0.2 percent of the population. According to the Association of Jewish Organizations and Communities (VAAD), there were approximately 300,000 persons of Jewish ancestry in the country, although the number might be higher. Before the conflict in eastern Ukraine, according to VAAD, approximately 30,000 Jews lived in the Donbas region. Jewish groups estimated that between 10,000 and 15,000 Jews lived in Crimea before Russia’s attempted annexation.

According to the National Minority Rights Monitoring Group (NMRMG), as in 2018, no cases of suspected anti-Semitic violence were recorded as of October 1. The last recorded anti-Semitic violence against individuals occurred in 2016. The NMRMG recorded approximately 10 cases of anti-Semitic vandalism as of October 1, compared with 11 incidents during the same period in 2018. According to the NMRMG, the drop in violence and anti-Semitic vandalism was due to better police work and prosecution of those committing anti-Semitic acts.

Graffiti swastikas continued to appear in Kyiv, Lviv, Poltava, and other cities. According to press reports, on September 15, perpetrators vandalized a memorial to more than 55,000 Jews murdered in Bohdanivka in Mykolaiv Oblast. Jewish organizations expressed concern about the continued existence of Krakivsky Market and new construction atop a historic Jewish cemetery in Lviv. There were several anti-Semitic incidents targeting the Babyn Yar memorial reported during the year.

In line with the country’s 2015 decommunization and denazification law, authorities continued to rename communist-era streets, bridges, and monuments. Some were renamed in honor of 20th century Ukrainian nationalists, some of whom were associated with anti-Semitism.

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 government did not effectively enforce these provisions. The law requires the government to provide access to public venues, health services, information, communications, transportation, and the judicial system and opportunities for involvement in public, educational, cultural, and sporting activities for persons with disabilities. The law also requires employers to take into account the individual needs of employees with disabilities. The government generally did not enforce these laws.

Advocacy groups maintained that, despite the legal requirements, most public buildings remained inaccessible to persons with disabilities. Access to employment, education, health care, transportation, and financial services remained difficult (see section 7.d.).

Patients in mental-health facilities remained at risk of abuse, and many psychiatric hospitals continued to use outdated methods and treatments. According to February press reports, patients of a psychiatric institution in Bilopillia in Sumy Oblast complained about cruel and humiliating treatment by staff who allegedly beat and verbally abused them and left them naked for several days. The facility’s administration reportedly forced patients to work on the institution’s cattle farm. The local prosecutor’s office opened an investigation.

Law enforcement generally took appropriate measures to punish those responsible for violence and abuses against persons with disabilities.

By law employers must set aside 4 percent of employment opportunities for persons with disabilities. NGOs noted that many of those employed to satisfy the requirement received nominal salaries but did not actually perform work at their companies.

A law adopted in 2017 guaranteed every child with a disability the right to study at regular secondary schools. It called for the creation of inclusive groups in preschool facilities, secondary and vocational schools, and colleges. According to the president’s commissioner for the rights of children, 12,000 children with disabilities went to regular schools within the program of inclusive education.

Persons with disabilities in Russia-controlled areas in the east of the country suffered from a lack of appropriate care.

Mistreatment of members of minority groups and harassment of foreigners of non-Slavic appearance remained problematic. According to the Ethnic Minorities’ Rights Monitoring Group at the Congress of Ethnic Communities of Ukraine, as of October 1, the number of xenophobic incidents (attacks, vandalism, and “public expressions of xenophobia”) totaled 61, compared with 89 during the same period in 2018. Human rights organizations stated the requirement to prove actual intent, including proof of premeditation, to secure a conviction made it difficult to apply the laws against offenses motivated by racial, national, or religious hatred. Police and prosecutors continued to prosecute racially motivated crimes under laws against hooliganism or related offenses.

There were reports of societal violence against Roma. For example, according to press reports, on October 24, an unknown assailant in Zaporizhzhia attacked Romani rights activist Anzhelika Belova with a knife. According to press reports, the attacker followed her home from a supermarket into her apartment building, where he stabbed her. Belova survived, and police arrested the alleged perpetrator. An investigation was under way.

There were reports of attacks on Romani settlements. In one such case, there was an arson attack on a Romani camp on the outskirts of Ivano-Frankivsk on March 25. Ten men dressed in black attacked the settlement and hurled Molotov cocktails at the camp. The ensuing fire damaged two homes. When police arrived, Romani residents refused to file a complaint.

There were multiple reports that members of some radical groups disrupted gatherings related to the rights of Roma. In one example, human rights groups reported that on May 27, a man carrying an ax, two knives, and other weapons attempted to disrupt a briefing of human rights activists about violence against members of the Romani community. He broke into the room and started verbally insulting Romani individuals present. When a press center guard intervened, he threatened those present with two knives and pepper spray. Police responded and removed the perpetrator.

Human rights activists were concerned about the lack of accountability in cases of attacks on Roma documented in 2018. For example, on August 14, a Lviv district court found two high school students guilty of hooliganism for participating in an attack on a Romani camp that resulted in the killing of a man in June 2018. The court sentenced them to four-and-a-half years of prison. The court did not consider racial motivations or hate crime provisions.

In April the Kyiv Oblast Prosecutor’s Office appealed a November 2018 decision of the Holosiivsky District Court in Kyiv dropped charges against C14 leader Serhiy Mazur, the alleged perpetrator in another violent attack against a Romani settlement in Kyiv in April 2018. Court hearings have been postponed six times. Human rights NGOs voiced concerns that impunity for past attacks fueled more violence.

Roma continued to face governmental and societal discrimination and significant barriers accessing education, health care, social services, and employment. According to Council of Europe experts, 60 percent of Roma were unemployed, 40 percent had no documents, and only 1 percent had a university degree. According to the Romani women’s foundation, Chirikli, local authorities erected a number of barriers to prevent issuing national identification documents to Roma. Authorities hampered access to education for persons who lacked documents and segregated Romani children into special schools or lower-quality classrooms.

During the year many Roma fled settlements in areas controlled by Russia-led forces and moved elsewhere in the country. According to Chirikli, approximately 10,000 Roma were among the most vulnerable members of the country’s IDP population. Because many Roma lacked documents, obtaining IDP assistance, medical care, and education was especially difficult.

There were reports that police used laws on human trafficking or prostitution as a pretext to target LGBTI persons. For example, on April 20, police in Dnipro raided a gay nightclub. According to the LGBTI rights organization Nash Mir, at around 1 a.m., 20 to 25 police officers burst into the nightclub, forced all those present to lie down on the floor for three hours, and seized all mobile phones and the club’s equipment. Officers reportedly behaved in an aggressive and homophobic way, expressed insults, made jokes related to sexual orientation, and forced two foreigners, who were in the club, to sing loudly the anthem of Ukraine. While the purported grounds for the raid were the prevention of human trafficking, the published police report about the raid contained no evidence of human trafficking but claimed that the club’s owners took money from patrons in exchange for “creating the conditions for disorderly sexual intercourse.” Nash Mir called the police actions “obviously homophobic and illegal.”

There was societal violence against LGBTI persons often perpetrated by members of violent radical groups, and authorities often did not adequately investigate these cases or hold perpetrators to account. The HRMMU noted that attacks against members of the LGBTI community and other minorities were rarely classified under criminal provisions pertaining to hate crimes, which carried heavier penalties. Crimes and discrimination against LGBTI persons remained underreported. For example, according to press reports, on June 23, four unknown men beat two participants in the Kyiv Pride March who were heading home after the event, spraying them with pepper spray, kicking them, and insulting them.

According to the Nash Mir, radical groups consistently tried to disrupt LGBTI events with violence or threats of violence. For example, on April 11, members of radical groups Tradition and Order and Katechon attacked participants of the European Lesbian Conference in Kyiv. Perpetrators broke into the premises and sprayed tear gas, injuring 10 persons. Police intervened and detained the attackers; the attackers were subsequently released, and no charges were filed.

Although leading politicians and ministers condemned attacks on LGBTI gatherings and individuals, officials sometimes made public statements that were homophobic or that called for violence against LGBTI persons. For example, Sumy deputy mayor Maksym Halytsky posted on a social network a picture of a concentration camp with the caption “before long the so-called prides will look like this.” The Prosecutor General’s Office initiated criminal proceedings on charges of “deliberate actions to incite national, racial, or religious hatred, to humiliate national honor and dignity, or to offend the feelings of citizens in the light of their beliefs.”

The labor code prohibits workplace discrimination on the basis of sexual orientation or gender identity. No law, however, prohibits such discrimination in other areas, and discrimination was reportedly widespread in employment, housing, education, and other sectors.

Transgender persons reported difficulties obtaining official documents reflecting their gender identity, which resulted in discrimination in health care, education, and other areas.

During the year the HRMMU reported that in the Russia-controlled parts of Donetsk and Luhansk Oblasts, social stigma and intolerance based on sexual orientation and gender identity have become more acute, reportedly due to the application of laws criminalizing the “propaganda of same-sex relationships.”

Stigma and discrimination in health-care centers were barriers to HIV-positive individuals’ receiving medical services. UNICEF reported that children with HIV/AIDS were at high risk of abandonment, social stigma, and discrimination. Authorities prevented many children infected with HIV/AIDS from attending kindergartens or schools. Persons with HIV/AIDS faced discrimination in housing and employment.

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides for freedom of association as a fundamental right and establishes the right to participate in independent trade unions. The law provides the right for most workers to form and join independent unions, to bargain collectively, and to conduct legal strikes. There are no laws or legal mechanisms to prevent antiunion discrimination, although the labor code requires employers to provide justification for layoffs and firings, and union activity is not an acceptable justification. Legal recourse is available for reinstatement, back wages, and punitive damages, although observers describe court enforcement as arbitrary and unpredictable, with damages too low to create incentives for compliance on the part of employers.

The law contains several limits to freedom of association and the right to collective bargaining. A number of laws that apply to worker organizations are excessively complex and contradictory. For example, the status of trade unions under two laws provides they are considered legal entities only after state registration. Under another law, however, a trade union is considered a legal entity upon adoption of its statute. The inherent conflict between these laws creates obstacles for workers seeking to form trade unions. Unions also reported significant bureaucratic hurdles in the registration process, including the payment of notary fees and requirements to visit as many as 10 different offices. Moreover, independent unions have reported multiple incidents of harassment by local law enforcement officials while navigating the registration process, including atypical and irregular requests for documentation and membership information.

The legal procedure to initiate a strike is complex and severely hinders strike action, artificially lowering the numbers of informal industrial actions. The legal process for industrial disputes requires consideration, conciliation, and labor arbitration allowing involved parties to draw out the process for months. Only after completion of this process can workers vote to strike, a decision that courts may still block. The right to strike is further restricted by the requirement that a large percentage of the workforce (two-thirds of general workers’ meeting delegates or 50 percent of workers in an enterprise) must vote in favor of a strike before it may be called. The government is allowed to deny workers the right to strike on national security grounds or to protect the health or “rights and liberties” of citizens. The law prohibits strikes by broad categories of workers, including personnel in the Office of the Prosecutor General, the judiciary, the armed forces, the security services, law enforcement agencies, the transportation sector, and the public-service sector.

Legal hurdles make it difficult for independent unions that are not affiliated with the Federation of Trade Unions of Ukraine (FPU) to take part in tripartite negotiations, participate in social insurance programs, or represent labor at the national and international levels. The legal hurdles resulting from an obsolete labor code hindered the ability of smaller independent unions to represent their members effectively. Authorities did not enforce labor laws effectively or consistently.

Worker rights advocates continued to express concerns about the independence of unions from government or employer control. Independent trade unions alleged that the country’s largest trade union confederation, the FPU, enjoyed a close relationship with employers and members of some political parties. Authorities further denied unions not affiliated with the FPU a share of disputed trade union assets inherited by the FPU from Soviet-era unions, a dispute dating back more than two decades.

Independent union representatives continued to be the subjects of violence and intimidation and reported that local law enforcement officials frequently ignored or facilitated violations of their rights. Worker advocates reported an increase in retaliation against trade union members involved in anticorruption activities at their workplaces.

The law prohibits most forms of forced or compulsory labor. Penalties for violations were sufficiently stringent to deter violations, but resources, inspections, and remediation were inadequate to enforce the law sufficiently.

During the year the IOM responded to numerous instances of compulsory labor, to include pornography, criminal activity, labor exploitation, begging, and sexual and other forms of exploitation. IOM Ukraine reported it assisted six children (four female and two male), three of whom were subjected to forced labor or begging. Annual reports on government action to prevent the use of forced labor in public procurement indicated that the government has not taken action to investigate its own supply chains for evidence of modern slavery. Traffickers subjected some children to forced labor (see section 7.c.).

According to the IOM, identified victims of trafficking received comprehensive reintegration assistance, including legal aid, medical care, psychological counseling, financial support, vocational training, and other types of assistance based on individual needs. Observers reported, however, that the provision of assistance was problematic due to funding shortfalls and high turnover of trained staff. The government continued to rely on international organizations and NGOs with international donor funding to identify victims and provide the vast majority of victim protection and assistance.

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

The minimum age for most employment is 16, but children who are 14 may perform undefined “light work” with a parent’s consent. While the law prohibits the worst forms of child labor, it does not always provide inspectors sufficient authority to conduct inspections.

From January to October, the State Service on Labor conducted 2,516 inspections to investigate compliance with child labor laws. The inspections identified 41 organizations engaged in child labor activities. Of these, 14 were in the service sector, five in the industrial sector, five in the agricultural sector, and 17 in other areas. The inspections uncovered 57 cases of undeclared labor and 15 minors receiving undeclared wages. Increased child labor in amber mining was a growing problem, according to reports by international labor groups.

The most frequent violations of child labor laws concerned work under hazardous conditions, long workdays, failure to maintain accurate work records, and delayed salary payments. The government established institutional mechanisms for the enforcement of laws and regulations on child labor. The limited collection of penalties imposed for child labor violations, however, impeded the enforcement of child labor laws.

Penalties for violations of the child labor laws were insufficient to deter violations.

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 .

The labor code prohibits workplace discrimination on the basis of race, color, political, religious and other beliefs, sex, gender identity, sexual orientation, ethnic, social, and foreign origin, age, health, disability, HIV/AIDS condition, family and property status, or linguistic or other grounds.

The government did not effectively enforce the law, and employment discrimination reportedly occurred with respect to gender, disability, nationality, race, minority status, sexual orientation or gender identity, and HIV-positive status. The agriculture, construction, mining, heavy industry, and services sectors had the most work-related discrimination. The law provides for civil, administrative, and criminal liability for discrimination in the workplace. Penalties were not sufficient to deter violations.

Women received lower salaries due to limited opportunities for advancement and the types of industries that employed them. According to the State Statistics Office, men earned on average 23 percent more than women. The gap was not caused by direct discrimination in the setting of wages, but by horizontal and vertical stratification of the labor market: Women were more likely to work in lower-paid sectors of the economy and in lower positions. Women held fewer elected or appointed offices at the national and regional levels. In July government research on women and men in the energy sector was presented to identify possible ways to resolve the problem of gender imbalance in the sector. The research reflected data from 2018 and early 2019 and indicated that, even though the share of women in the sector was gradually growing, women still constituted only 25 to 27 percent of the national oil and gas industry workforce.

The country’s annual budget establishes a government-mandated national minimum wage, which is above the poverty level. Some shadow employees received wages below the established minimum.

The labor law provides for a maximum 40-hour workweek, with a minimum 42-hour period of rest per week and at least 24 days of paid vacation per year. It provides for double pay for overtime work and regulates the number of overtime hours allowed. The law requires agreement between employers and local trade union organization on overtime work and limits overtime to four hours during two consecutive days and 120 hours per year.

The law requires employers to provide workplace safety standards. Employers must meet occupational safety and health standards, but at times they ignored these regulations due to the lack of enforcement or strict imposition of penalties. The law provides workers the right to remove themselves from dangerous working conditions without jeopardizing their continued employment. Employers in the metal and mining industries often violated the rule and retaliated against workers by pressuring them to quit.

Wage arrears continued to be a major problem. A lack of legal remedies, bureaucratic wrangling, and corruption in public and private enterprises, blocked efforts to recover overdue wages, leading to significant wage theft. Total wage arrears in the country fell during the year through September 1 to 2.8 billion hryvnias ($118 million) from 3.6 billion hryvnia ($152 million) in September 2018. The majority of wage arrears occurred in Luhansk and Donetsk Oblasts. The Independent Trade Union of Miners of Ukraine reported that arrears in the coal sector had reached almost 1.3 billion hryvnias ($55 million) in September, compared with arrears of 930 million hryvnias ($39 million) in September 2018. Arrears and corruption problems exacerbated industrial relations and led to numerous protests.

On September 11, the government adopted Resolution No. 838 On issues of the Ministry of Economy, Trade, and Agriculture. This resolution changed the labor-related authorities of the Ministry of Social Policy and transferred responsibility for employment, labor, and labor migration to the Ministry of Economic Trade, Development, and Agriculture. Moreover, the State Labor Service (Labor Inspectorate) has also been transferred to the Ministry of Economic Trade, Development, and Agriculture.

The government did not always effectively enforce labor law. In 2017 the government adopted a new procedure for state control and supervision of labor law compliance that introduces new forms and rules for oversight of labor law compliance, extends the powers of labor inspectors, amends the procedure for imposing fines for violation of labor law requirements, and introduces specific forms for exercise of control by labor inspectors, namely, inspection visits and remote inspections. The labor inspectorate, however, lacked sufficient funding, technical capacity, and professional staffing to conduct independent inspections effectively.

Labor inspectors may assess compliance based on leads or other information regarding possible unreported employment from public sources. This includes information the service learns concerning potential violations from other state agencies. For example, when tax authorities discover a disparity between a company’s workforce and its production volumes as compared with average data for the industry, they may refer the case to labor authorities who will determine compliance with labor laws.

While performing inspection visits to check potential unreported employment, labor inspectors may enter any workplace without prior notice at any hour of day or night. The law also allows labor inspectors to hold an employer liable for certain types of violations (e.g., unreported employment), empowering them to issue an order to cease the restricted activity. Labor inspectors may also visit an employer to monitor labor law compliance and inform the company and its employees about labor rights and best practices.

In May a court overturned the inspection decree because it found that the Cabinet of Ministers had adopted it in violation of the procedure. The government thereafter adopted a new decree, which once again allowed labor inspectors to carry out labor inspections without notice.

On August 30, Regulation No. 823 of the Cabinet of Ministers (dated August 21, 2019) became effective and brought into force the new Procedure for Exercising State Control over Compliance with Labor Legislation. The procedure expands the list of possible grounds for labor inspections conducted by the State Labor Service, its territorial bodies, and municipalities. It also allows the labor inspector not to report on the inspection visit if there is a suspicion of undeclared work. When inspectors find cases of labor violations, they are authorized to hold the perpetrator liable if there is clear evidence of labor inspection violations.

In September 2018 the Cabinet of Ministers approved a regulation that increased regulatory oversight to monitor and counter “shadow” employment in the informal economy, the widespread practice of paying for labor without an existing employment contract. The regulation compels the State Labor Service, the State Tax Service, the State Pension Fund, and the National Police to review their internal regulations to introduce stricter control measures to combat shadow employment. Agencies are also required to conduct public awareness campaigns to inform employers of the new procedures.

Penalties for violations of workplace safety standards were insufficient to deter violations. The State Labor Inspectorate was responsible for enforcing labor laws. Inspectors were limited in number, funding, and authority to enforce existing regulations. The absence of a coordination mechanism with other government bodies was also significant.

Mineworkers, particularly in the illegal mining sector, faced serious safety and health problems. Operational safety problems and health complaints were common. Lax safety standards and aging equipment caused many injuries on the job.

During the first six months of the year, authorities reported 1,943 individual injuries, including 207 fatalities; 352 injuries to coal miners, including 11 fatalities; 238 injuries in the agro-industrial sector, including 33 fatalities; and 149 injuries in engineering, including nine fatalities.

Despite active fighting close to industrial areas in the government-controlled areas of the Donbas region, enterprises involved in mining, energy, media, retail, clay production, and transportation continued to operate. Fighting resulted in damage to mines and plants through loss of electricity, destroyed transformers, physical damage from shelling, and alleged intentional flooding of mines by combined Russia-led forces. Miners were especially vulnerable, as loss of electrical power could strand them underground. The loss of electrical power also threatened the operability of mine safety equipment that prevented the buildup of explosive gases.

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Rape and Domestic Violence: The law criminalizes rape, which is punishable by death under the penal code. The penal code does not address spousal rape.

The penal code allows men to use physical means, including violence, at their discretion against female and minor family members. Punishments issued by courts in domestic abuse cases were often minimal. In some cases, police shared a victim’s contact information with her or his family, which sometimes reached the assailant.

In general, the government did not enforce domestic abuse laws effectively, and domestic abuse against women, including spousal abuse, remained a problem. For example, in February local and international media reported the case of Hind Albolooki, an Emirati woman who fled the UAE and attempted to claim asylum in Macedonia after allegedly receiving threats from family members for wanting a divorce from her abusive husband. Albolooki, who faced deportation after the asylum claim was denied, remained in an immigration detention center in Macedonia at year’s end while the European Court of Human Rights processed her case. There were reports employers raped or sexually assaulted foreign domestic workers. These cases rarely went to court, and those that did led to few convictions. In one such conviction in December 2018, a man was sentenced to a suspended three-month jail term and deportation after sexually assaulting two domestic workers. In sharia courts, which are primarily responsible for civil matters between Muslims, the extremely high burden of proof for a rape case contributed to a low conviction rate. In addition, female victims of rape or other sexual crimes faced the possibility of prosecution for consensual sex outside marriage instead of receiving assistance from authorities.

Victims of domestic abuse may file complaints with police units stationed in major public hospitals. Social workers and counselors, usually female, also maintained offices in public hospitals and police stations. There were domestic abuse centers in Abu Dhabi, Dubai, Ras al-Khaimah, and Sharjah.

The government, in coordination with social organizations, sought to increase awareness of domestic violence, conducting seminars, educational programs, symposiums, and conferences. The Dubai Foundation for Women and Children increased awareness of domestic violence through social media, television, radio programming, and advertising; by hosting workshops; and sponsoring a hotline.

Female Genital Mutilation/Cutting (FGM/C): The law does not address FGM/C, although the Ministry of Health prohibits hospitals and clinics from performing the procedure. FGM/C is practiced by some tribal groups and was reportedly declining as a traditional custom, yet little information was available. Foreign residents from countries where FGM/C is prevalent undertook the practice.

Sexual Harassment: The government prosecutes harassment via the penal code. Conviction of “disgracing or dishonoring” a person in public is punishable by a minimum of one year and up to 15 years in prison if the victim is younger than age 14. Conviction for “infamous” acts against the rules of decency is punishable by a penalty of six months in prison, and “dishonoring a woman by word or deed on a public roadway” is also a punishable offense. The government generally enforced this law.

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

Discrimination: Women in general faced legal and economic discrimination, with noncitizen women at a particular disadvantage.

The government’s interpretation of sharia applies in personal status cases and family law. Muslim women must have the consent of their guardians to marry. Local interpretation of sharia forbids Muslim women to marry non-Muslims. In addition, the law permits a man to have as many as four wives, women normally inherit less than men, and a son’s inheritance may be double that of a daughter.

For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands.

The strict interpretation of sharia does not apply to child custody cases, and courts have applied the “the best interests of the child” standard since 2010. According to sharia a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women are permitted to file for continued custody until a daughter is married or a son finishes his education. Under federal law, fathers are permitted to seek custody of an under-11-year-old son if they feel the child has become “too soft.”

The law provides for corporal punishment for sexual relations and pregnancy outside of marriage. The government may imprison and deport noncitizen women who bear children out of wedlock. In February a Fujairah court sentenced an unmarried woman to three months in prison and deportation after a medical visit revealed she was having complications associated with pregnancy.

Women who worked in the private sector, and especially nonnationals, regularly did not receive equal benefits and reportedly faced discrimination in promotions and pay (see section 7.d.). Labor law prohibits women from working in hazardous, strenuous, or physically or morally harmful jobs.

While education is equally accessible, federal law prohibits coeducation in public universities, except in the United Arab Emirates University’s Executive MBA program and in certain graduate programs at Zayed University. A large number of private schools, private universities, and institutions, however, were coeducational. According to officials, local women represent more than 70 percent of national higher education students.

The government excluded women from certain social and economic benefits, including land grants for building houses, because tribal family law often designates men as the heads of families.

The government has a Gender Balance Council to promote a greater role for female citizens, but not noncitizens, working outside the home.

Birth Registration: Children generally derive citizenship from their parents. As noted above the children of UAE citizen mothers married to foreigners did not receive citizenship automatically. The government registered noncitizen births, including of Bidoon. The criminalization of sexual relations outside of marriage prevented the registration of children born out of wedlock and, as a result, access to travel documents.

Education: Education is compulsory through the ninth grade; however, the law was not enforced, and some children did not attend school, especially children of noncitizens. The government provided free primary education only to citizens. Noncitizen children could enroll in public schools only if they scored more than 90 percent on entrance examinations, which authorities administered only in Arabic. In September 2018 the Ministry of Education made all public schools coeducational from the first to fifth grades, starting with that year’s first grade class.

Child Abuse: The law prohibits child abuse, and the government has taken steps to increase awareness of the issue, including the Child Safety Campaign, which reinforced the role of media in protecting the rights of children. The government provided shelter and help for child victims of abuse or sexual exploitation. In March, the Dubai Foundation for Women and Children opened a new shelter for children up to 12 years of age who have been victims of violence and exploitation and have no parents or dependents. The shelter has capacity to accommodate 25 children and provides social and medical services.

Early and Forced Marriage: The legal age of marriage for both men and women is 18, unless a judge gives approval for an earlier marriage. The Committee on the Elimination of Discrimination against Women previously reported on the persistence of unregistered child marriages.

Sexual Exploitation of Children: The law criminalizes the sexual exploitation of children, with a minimum penalty for conviction of 10 years in prison. Consensual sex is illegal outside of marriage, carrying a minimum penalty of one year in prison. The penalty for conviction of sex with children younger than 14 is life imprisonment. Distribution and consumption of child pornography is illegal.

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.

There is no indigenous Jewish community. There were no synagogues and no formal recognition of the very small foreign Jewish population (which constituted less than 1 percent of the population); the foreign Jewish community could conduct regular prayer services in rented space. In May the Anti-Defamation League announced the appointment of the first chief rabbi of the Jewish community in the UAE at an event cohosted with the UAE Embassy in Washington. Occasionally, social media contained anti-Semitic remarks and local Arabic print media featured anti-Semitic caricatures in political cartoons. There was anti-Semitic material available at some book fairs, including a few that operated with government oversight.

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 in employment, education, air travel and other transportation, access to health care, or the provision of other state services.

Public and private facilities provided education, health services, sports, and vocational rehabilitation for persons with disabilities. Many of the facilities were reserved for citizens.

The Ministry of Community Development (formerly Social Affairs) is the central body responsible for protecting the rights of persons with disabilities and raising awareness at the federal and local level. In accordance with the law, most public buildings provided some form of access for persons with disabilities.

Government entities, including the Ministry of Community Development, the Services for Educational Development Foundation for Inclusion, and the Sports Organizations for Persons with Disabilities, sponsored conferences and workshops emphasizing the inclusion and integration of persons with disabilities into schools and workplaces. The government continued to raise public awareness of societal inclusivity through its National Strategy for Empowering People with Special Needs. The policy includes investment in research and development for health and rehabilitation, an integrative education system, vocational rehabilitation and employment, creation of unified criteria for building requirements, social protection, and societal integration through cultural, sports, and social activities. In July Prime Minister of the UAE and Ruler of Dubai Mohammad Bin Rashid Al-Maktoum directed service-related organizations to designate a person in charge of facilitating services for persons with disabilities.

Various departments within the Ministries of Human Resources and Emiratization (formerly Labor), Education, and Community Development are responsible for protecting the rights of persons with disabilities, and the government enforced these rights in employment, housing, and entitlement programs (see also section 7).

The government sponsored several initiatives to host international conferences for persons with disabilities emphasizing rights, opportunities, and the importance of social inclusion. The government also improved accessibility of public facilities. In March Abu Dhabi hosted the Special Olympics World Games in 2019 and in November Dubai hosted the world’s first Accessible Tourism International Summit.

Approximately 90 percent of the country’s residents were noncitizens, more than half of whom originated from South Asia. Societal discrimination against noncitizens was prevalent and occurred in most areas of daily life, including employment, education, housing, social interaction, and health care.

The law allows for criminalizing commercial disputes and bankruptcy, which led to discrimination against foreigners. Authorities enforced these laws selectively and allowed citizens to threaten noncitizen businesspersons and foreign workers with harsh prison sentences to assure a favorable outcome in commercial disputes.

Both civil law and sharia criminalize consensual same-sex sexual activity. Under sharia individuals who engage in consensual same-sex sexual conduct could be subject to the death penalty. Dubai’s penal code allows for up to a 10-year prison sentence for conviction of such activity, while Abu Dhabi’s penal code allows for up to a 14-year prison sentence. There were no reports of arrests or prosecutions for consensual same-sex activity.

The law does not extend antidiscrimination protections to LGBTI individuals on the basis of their sexual orientation, gender identity or expression, or sex characteristics. There were no government efforts to address potential discrimination.

By law wearing clothing deemed inappropriate for one’s sex is a punishable offense. The government deported foreign residents and referred the cases of individuals who wore clothing deemed inappropriate to the public prosecutor.

The law permits doctors to conduct sex reassignment surgery when there are “psychological” and “physiological” signs of gender and sex disparity. The penalty for performing an unwarranted “sex correction” surgery is three to 10 years in prison. In 2018 the Abu Dhabi Federal Court of First Instance denied a January request for legal gender recognition by three local transgender persons who sought legally to change their names and update their gender on official documents. The Federal Appeals Court upheld the lower court’s ruling in March 2018. The Abu Dhabi Court of Cassation rejected their final appeal in December 2018.

Due to social conventions and potential repression, LGBTI organizations did not operate openly, nor were gay pride marches or gay rights advocacy events held.

There were reports of LGBTI persons being questioned in national airports on the basis of appearance and behavior.

Noncitizens and, to a lesser extent, citizens with HIV/AIDS and other diseases faced discrimination. Legal protections against employment and education discrimination for individuals with HIV/AIDS, as well as free access to HIV treatment and care programs, existed for citizens; however, noncitizens did not have these rights. The government does not grant residency or work visas to persons with certain communicable diseases including HIV/AIDS. Noncitizens who test positive for these diseases may be detained and deported. Doctors are required to inform authorities of HIV/AIDS cases, reportedly discouraging individuals from seeking testing or treatment.

a. Freedom of Association and the Right to Collective Bargaining

The law does not protect the right to organize, strike, or bargain collectively. The law does not permit workers to form or join unions. The labor law forbids strikes by public sector employees, security guards, and migrant workers. The law does not entirely prohibit strikes in the private sector but allows an employer to suspend an employee for striking. In the private sector, the Ministry of Human Resources and Emiratization, formerly the Labor Ministry, must approve and register individual employment contracts. The labor law does not apply to agricultural workers or to most workers in export processing zones. Domestic workers fall under a separate labor law but are regulated by the Ministry of Human Resources and Emiratization. Persons with a claim to refugee status but who lacked legal residency status, including those with either short-term visitor visas or expired visas, were generally not eligible for employment.

Private sector employees may file collective employment dispute complaints with the Ministry of Human Resources and Emiratization, which by law acts as mediator between the parties. Employees may then file unresolved disputes within the labor court system, which forwards disputes to a conciliation council. Public sector employees may file an administrative grievance or a case in a civil court to address a labor-related dispute or complaint. Administrative remedies are available for labor complaints, and authorities commonly applied them to resolve issues such as delayed wage payments, unpaid overtime, or substandard housing.

All foreign workers have the right to file labor-related grievances with the Ministry of Human Resources and Emiratization. The ministry sometimes intervened in foreign workers’ disputes with employers and helped negotiate private settlements. The law allows employers to request the government to cancel the work permit of, and deport for up to one year, any foreign worker for unexcused absences of more than seven days or for participating in a strike.

The government generally enforced labor laws. In 2018 the Ministry of Human Resources and Emiratization issued its second Workers Welfare Report, which outlined and provided statistics on the ministry’s enforcement and dispute settlement activities regarding recruitment, contract integrity, payment of wages and overtime, housing accommodation, and health and safety. It also discussed domestic legislative and regulatory reforms affecting domestic workers.

Professional associations were not independent, and authorities had broad powers to interfere in their activities. For example, the Ministry of Human Resources and Emiratization had to license and approve professional associations, which were required to receive government approval for international affiliations and travel by members. The government granted some professional associations with majority citizen membership a limited ability to raise work-related issues, petition the government for redress, and file grievances with the government.

In Dubai the CDA regulates and provides licensing services to nonprofit civil society organizations and associations that organize ongoing social, cultural, artistic, or entertainment activities. In Dubai, all voluntary organizations and individual volunteers are required to register with the CDA within six months. In addition, all voluntary activities require a CDA permit, but there are no prescribed penalties for noncompliance.

Foreign workers may belong to local professional associations; however, they do not have voting rights and may not serve on association boards. Apart from these professional associations, in a few instances, some foreign workers came together to negotiate with their employers on issues such as housing conditions, nonpayment of wages, and working conditions.

The threat of deportation discouraged noncitizens from voicing work-related grievances. Nonetheless, occasional protests and strikes took place. The government did not always punish workers for nonviolent protests or strikes, but it dispersed such protests, and sometimes deported noncitizen participants. According to media reports, 900 men living in company accommodations in Dubai and Ras al-Khaimah appealed to the Ministry of Labor for assistance after their employer failed to pay wages for 10 months.

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law, particularly in the domestic worker sector.

The government took steps to prevent forced labor through continued implementation of the Wages Protection System (WPS) (see section 7.e.). The government enforced fines for employers who entered incorrect information into the WPS, did not pay workers for more than 60 days, or made workers sign documents falsely attesting to receipt of benefits. According to local media reporting, some firms withheld ATM cards from employees, withdrawing the money and paying the employee anywhere between 35 to 40 percent less than the mandated salary.

In July the government announced it had launched 132 educational lectures to inform 6,640 workers in Dubai about UAE labor laws and regulations as well as occupational health and safety standards in the workplace.

The domestic worker law that regulates domestic workers’ contracts, rights and privileges, prohibitions, and recruitment agencies was implemented throughout the year.

It was relatively common for employers to subject migrant domestic workers, and to a lesser degree, construction and other manual labor workers, to conditions equivalent to forced labor. Workers experienced nonpayment of wages; unpaid overtime; failure to grant legally required time off, withholding of passports, threats; and, in some cases, psychological, physical, or sexual abuse. Contract substitution remained a problem. In a few cases physical abuses led to death. Local newspapers reported on court cases involving violence committed against maids and other domestic workers. In August local media reported that the Philippine Overseas Labor Office in Dubai had sheltered a total of 1,737 women between January and June, 86 percent of whom left their employers due to alleged maltreatment, including long work hours, verbal and physical abuse, and lack of food.

In violation of the law, employers routinely held employees’ passports, thus restricting their freedom of movement and ability to leave the country or change jobs. In labor camps it was common practice for passports to be kept in a central secure location, accessible with 24 or 48 hours’ notice. In most cases individuals reported they were able to obtain documents without difficulty when needed, but this was not always the case. There were media reports that employees were coerced to surrender their passports for “safekeeping” and sign documentation that the surrender was voluntary. With domestic employees, passport withholding frequently occurred, and enforcement against this practice was weak.

Some employers forced foreign workers in the domestic and agricultural sectors to compensate them for hiring expenses such as visa fees, health exams, and insurance, which the law requires employers to pay, by withholding wages or having these costs deducted from their contracted salary. Some employers did not pay their employees contracted wages even after they satisfied these “debts.” There were other reports from community leaders that employers would refuse to apply for a residency visa for their domestic workers, rendering them undocumented and thus vulnerable to exploitation.

Although charging workers recruitment fees was illegal, workers in both the corporate and domestic sectors often borrowed money to pay recruiting fees in their home countries, and as a result spent most of their salaries trying to repay home-country labor recruiters or lenders. These debts limited workers’ options to leave a job, and sometimes trapped them in exploitive work conditions. The Ministry of Human Resources and Emiratization oversees recruitment of domestic workers. In 2018 the ministry established Tadbeer recruitment centers, one-stop shops for recruitment agencies to register their services, workers to undergo interviews and receive training, and visas and identification documents to be distributed. However, locals reported that Tadbeer has been slow to bring these recruitment centers up to full functionality, noting ongoing difficulties with processing basic services.

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

The law prohibits employment of persons younger than 15 and includes special provisions regarding children ages 15 to 18. The law, however, excludes agricultural work, leaving underage workers in these sectors unprotected. Under the law governing domestic workers, 18 is the minimum age for legal work. The law allows issuance of work permits for 12- to 18-year-old persons, specifically for gaining work experience and under specific rules. The Ministry of Human Resources and Emiratization is responsible for enforcing the regulations and generally did so effectively.

The Antidiscrimination Law prohibits all forms of discrimination based on religion, ethnicity, or race, although without specific reference to employment. Penalties are adequate and include fines and jail terms of six months to 10 years. To date the law has only been applied in cases of religious discrimination, including one incident that occurred in a work environment.

No specific law prohibits or regulates discrimination regarding sex, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or communicable disease status in employment or occupation. Various departments within the Ministries of Human Resources and Emiratization, Education, and Community Development are responsible for protecting the rights of persons with disabilities, and the government enforced these rights in employment, housing, and entitlement programs. Enforcement was effective for jobs in the public sector and the government made efforts to encourage private sector hiring of persons with disabilities. In September the Government Accelerators program organized a recruitment drive for persons with disabilities seeking private sector jobs. Some emirates and the federal government included statements in their human resources regulations emphasizing priority for hiring citizens with disabilities in the public sector and actively encouraged the hiring of all persons with disabilities. Public sector employers provided reasonable accommodations, defined broadly, for employees with disabilities. The employment of persons with disabilities in the private sector remained a challenge due to a lack of training and opportunities, and societal discrimination. Women who worked in the private sector, and especially nonnationals, regularly did not receive equal benefits and reportedly faced discrimination in promotions and equality of wages. Labor law prohibits women from working in hazardous, strenuous, or physically or morally harmful jobs. The domestic worker law also prohibits discrimination on the basis of race, color, gender, religion, political opinion, national, or social origin. Nevertheless, job advertisements requesting applications only from certain nationalities were common and not regulated. In free zones individualized laws govern employment requirements. For example, in the Dubai International Financial Center, employers may not discriminate against any person based on sex, marital status, race, national identity, religion, or disability.

There is no national minimum wage. There was very limited information on average domestic, agricultural, or construction worker salaries or on public sector salaries. In some sectors minimum wages were determined by workers’ nationality and years of experience.

The law prescribes a 48-hour workweek and paid annual holidays. The law states daily working hours must not exceed eight hours in day or night shifts, and provides for overtime pay to employees working more than eight hours in a 24-hour period, with the exception of those employed in trade, hotels, cafeterias, security, domestic work, and other jobs as decided by the Ministry of Human Resources and Emiratization.

Government occupational health and safety standards require that employers provide employees with a safe work and living environment, including minimum rest periods and limits on the number of hours worked, depending on the nature of the work. For example, the law mandates a two-and-one-half-hour midday work break, from 12:30 p.m. to 3:00 p.m., between June 15 and September 15, for laborers who work in exposed open areas, such as construction sites. Companies are required to make water, vitamins, supplements, and shelter available to all outdoor workers during the summer months to meet health and safety requirements. Employers who do not comply are subject to fines and suspension of operations. The government may exempt companies from the midday work break if the company cannot postpone the project for emergency or technical reasons. Such projects include laying asphalt or concrete and repairing damaged water pipes, gas lines, or electrical lines.

The Ministry of Human Resources and Emiratization was responsible for enforcing laws governing acceptable conditions of work for workers in professional and semiskilled job categories, but did not do so in all sectors, including the informal sector. To monitor the private sector, the ministry had active departments for inspection, occupational safety, combating human trafficking, and wage protection.

Workers in agriculture and other categories overseen by the Ministry of Interior come under a different regulatory regime. These workers are not covered by private and public sector labor law, but have some legal protections regarding working hours, overtime, timeliness of wage payments, paid leave, health care, and the provision of adequate housing; however, enforcement of these rules was often weak. As a result, these workers were more vulnerable to unacceptable work conditions.

There was no information available on the informal economy, legal enforcement within this sector, or an estimate of its size; however, anecdotal reports indicate it was common for individuals to enter the country on a nonwork visa and join the informal job sector, subjecting them to exploitative conditions. The government encouraged undocumented residents to legalize their status or leave the country voluntarily during a five-month amnesty period from August to December 2018.

Sailors faced particular difficulty remedying grievances against employers. In 2018 the Federal Authority for Land and Maritime Transport announced that ship owners operating in the country’s ports were required to carry insurance contracts for all sailors on board and mandated that sailors must be deported to their home countries in case of abandonment by the ship owner. In August the UAE coast guard allowed sailors from the abandoned MV Tamim Aldar ship to seek refuge on shore after spending three years stranded 46 km (31 miles) off the coast of Ras al-Khaimah waiting for their salaries to be paid. Complaints included unpaid salaries, harsh living conditions, lack of fuel, food, fresh water, and access to medical treatment. According to media reports, during the year the Indian diplomatic mission in Dubai has helped repatriate more than 100 sailors caught in similar circumstances.

The Ministry of Human Resources and Emiratization conducted inspections of labor camps and workplaces such as construction sites. The government also routinely fined employers for violating the midday break rule and published compliance statistics. The Abu Dhabi Judicial Department and Dubai Courts employed buses as mobile courts, which traveled to labor camps to allow workers to register legal complaints. Abu Dhabi’s mobile courtroom was used for cases involving large groups or those who encountered difficulties attending court.

The government took action to address wage payment issues. Its implementation of the WPS and fines for noncompliance discouraged employers from withholding salaries to foreign workers under the jurisdiction of the Ministry of Human Resources and Emiratization. The WPS, an electronic salary transfer system, requires private institutions employing more than 100 employees to pay workers via approved banks, exchange bureaus, and other financial institutions, to assure timely and full payment of agreed wages, within 10 days of payment due date. Under the law after 16 days of nonpayment, the Ministry of Human Resources and Emiratization will freeze issuance of new work permits to the employer. If the nonpayment lingers past 29 days, the ministry refers the case to the labor courts; after 60 days, a fine of 5,000 AED ($1,360) per unpaid worker is imposed, up to a maximum of 50,000 AED ($13,600). For companies employing less than 100 employees, the freezes, fines, and court referrals only apply after 60 days of nonpayment. The ministry monitored these payments electronically. The WPS, however, did not apply to foreign workers under the authority of the Ministry of Interior, such agricultural workers or to domestic laborers.

The Ministry of Human Resources and Emiratization conducted site visits to monitor the payment of overtime. Violations resulted in fines and in many cases a suspension of permits to hire new workers.

The Ministry of Human Resources and Emiratization continued efforts to provide for adequate health standards and safe food and facilities in labor camps. A ministerial decree requires that employers with 50 or more employees must provide low salaried workers (those earning less than 2,000 AED, or $550 per month) with accommodations. It conducted regular inspections of health and living conditions at labor camps, stated that it issued written documentation on problems needing correction, and reviewed them in subsequent inspections. Nevertheless, some low-wage foreign workers faced substandard living conditions, including overcrowded apartments or unsafe and unhygienic lodging in labor camps. In some cases, the ministry cancelled hiring permits for companies that failed to provide adequate housing. During some inspections of labor camps, the ministry employed interpreters to assist foreign workers in understanding employment guidelines. The ministry operated a toll-free hotline in several languages spoken by foreign residents through which workers were able to report delayed wage payments or other violations. The ministry’s mobile van units also visited some labor camps to inform workers of their rights.

The government instituted a revised standard contract for domestic workers aimed to protect domestic workers through a binding agreement between employers and domestic workers. The contract provides for transparency and legal protections concerning issues such as working hours, time-off, overtime, health care, and housing. Officials from some originating countries criticized the process, saying it prevented foreign embassies from reviewing and approving the labor contracts of their citizens. As a result, some countries attempted to halt their citizens’ travel to the UAE to assume domestic labor positions. Many still entered on visit visas, however, and then adjusted status, making them vulnerable to exploitation by illegal recruiters.

The government allowed foreign workers to switch jobs without a letter of permission from their employer. Labor regulations provide foreign employees the option to work without an employment contract or, in cases in which a contract was in force, to change employer sponsors after two years, as well as within the first two years within the terms of the contract. The government designed this regulation to improve job mobility and reduce the vulnerability of foreign workers to abuse. The regulation, however, did not apply to agricultural or domestic workers.

The government-supported NGO EHRA promoted worker rights. It conducted unannounced visits to labor camps and work sites to monitor conditions and reported violations to the Ministry of Human Resources and Emiratization.

There were cases in which workers were injured or killed on job sites; however, authorities typically did not disclose details of workplace injuries and deaths, including the adequacy of safety measures. The Ministry of Human Resources and Emiratization routinely conducted health and safety site visits. The ministry mandated that companies with more than 15 employees submit labor injuries reports. A ministerial resolution requires that private companies that employ more than 500 workers must hire at least one local as an occupational health and safety officer; companies with more than 1,000 employees must hire two health and safety officers. In addition, Dubai emirate required construction companies and industrial firms to appoint safety officers accredited by authorized entities to promote greater site safety.

Reports of migrant worker suicides or attempted suicides continued. In some cases, observers linked the suicides to poor working and living conditions, low wages, and financial strain caused by heavy debts owed to originating-country labor recruitment agencies. Dubai police and the Dubai Foundation for Women and Children, a quasi-governmental organization, conducted vocational training programs with some elements aimed at decreasing suicidal behavior.

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and domestic violence. The law allows for sentences of two to 12 years’ imprisonment for a person found guilty of rape, and authorities effectively enforced the law. The law criminalizes domestic violence and allows sentences of six months’ to two years’ imprisonment for a person found guilty of committing an act of domestic violence or making continued threats of violence. Civil courts decided most domestic cases, and judges in these cases often issued restraining orders, which were sometimes difficult to enforce.

The government continued with its efforts to implement the 2017 gender-based violence law, which builds on existing legislation on domestic violence. The law includes abuse that is physical, psychological, emotional, sexual, based on prejudice for sexual orientation, economic, related to assets, symbolic, obstetric, labor-related, educational, political, or related to media presence. It also includes street sexual harassment and femicide. The law aims to create an institutional response system and establishes specialized courts. It sets minimum standards of support and assistance to be provided by the government, to include shelters for the victims and immediate family members. The law attempts to avoid revictimization in social and legal procedures and seeks to make the judicial process more agile. According to civil society representatives, the law was not being fully implemented due in part to lack of resources. Specialized courts provided by the law were not established; however, civil society representatives recognized that judges applied criminal definitions included in the new law. NGO representatives underlined the need for more expert training in the field and the need to include gender-based violence in the curriculum of university courses, especially in the health sector.

The 2017 criminal procedure code introduced changes to victims’ rights, including guarantees and services during the process, and the creation of a Victims and Witnesses Unit in the Prosecutor General’s Office. In the first 18 months since its establishment, the unit focused more than 50 percent of its work on victims of gender-based violence. Civil society representatives saw this as a significant improvement for victims, who received support and guidance during criminal proceedings.

A separate femicide law modifies aggravating circumstances for a homicide to include whether the crime “caused the death of a female due to motive of hate or contempt.” The law’s explanatory statement describes femicide as arising from a structural inequality between women and men that uses gender-based violence as a mechanism to oppress women. The Ministry of Interior reported 30 femicides in 2018, and as of September there had been 14 femicides.

According to the Ministry of Interior, in 2018 there were 308 reports of rape and 39,950 reports of domestic violence. Thirty-four women died due to domestic violence, and 29 of these crimes were charged as femicides. The government applied the electronic monitoring anklet program for 1,099 cases in 2018 to address domestic violence. The government maintained a Gender-Based Violence Observatory to monitor, collect, register, and analyze data on gender-based violence. During the year the Interior Ministry acquired 100 more electronic anklets, reaching 800 anklets in total. Nevertheless, civil society continued to demand more anklets, since there were 200 more cases in waiting. The Gender Unit of the Ministry of Interior conducted meetings with government agencies and other institutions throughout the country to identify alternative measures to address this issue, avoid overuse of anklets, and develop more permanent solutions. The government trained officials on aspects of gender-based violence and sexual assault.

The Ministry of Social Development, some police stations in the interior, the National Institute for Children and Adolescent Affairs (INAU), and NGOs operated shelters where abused women and children could seek temporary refuge. Civil society reported shelters for victims were of good quality but that a greater capacity was needed. The ministry also funded the lodging of victims in hotels. The Ministry of Social Development together with the Ministry of Housing operated a program that funded two-year leases for approximately 100 victims, pending more permanent housing solutions. According to NGO representatives, immediate and first-response services focused more on providing advice than on offering close and daily support to victims, mainly due to a lack of staffing. Services for victims in the interior of the country were scarcer and more difficult to access, especially for women in isolated rural areas. The Ministry for Social Development and the state-owned telephone company, Antel, maintained a free nationwide hotline operated by trained NGO employees for victims of domestic violence. Victims could also file a report online or at a police station.

The government’s 2016-19 action plan to combat gender-based violence provided for interagency coordination on violence prevention, access to justice, victim protection and attention, and punishment of perpetrators. It also promoted social and cultural awareness and provided training for public servants. The Prosecutor General’s Office has a specialized gender unit that incorporated greater awareness of gender as it relates to matters of justice, promoted respect for women’s rights, combated violence, and enhanced interagency coordination. The Ministry of Interior’s gender unit seeks to ensure a clear policy on gender-based violence in the police force and trains police staff to handle and respond to cases. In August the unit conducted the VIII National Meeting on Police Response to gender-based violence. The Prosecutor General’s Office established a special prosecutorial team to investigate and prosecute gender-based violence cases, separate from those working on domestic violence cases. The unit focused on the various forms of violence defined in the new law as well as human trafficking cases. Civil society saw this as a positive step.

Sexual Harassment: The law prohibits sexual harassment in the workplace and punishes it by fines or dismissal. The law establishes guidelines for the prevention of sexual harassment in the workplace, as well as in student-professor relations, and provides damages for victims. The Ministry of Labor received reports of sexual harassment, its inspectors investigated claims of sexual harassment, and the ministry issued fines as necessary.

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 as for men. Women, however, faced discrimination in employment, pay, credit, education, housing, and business ownership. According to the United Nations, women’s employment was concentrated in a relatively small number of specific occupations and sectors, including services, sales, unskilled labor, domestic work, social services, health services, and education.

The law does not require equal pay for equal work. The Ministry of Labor’s Tripartite Equal Employment Opportunities Commission promoted the inclusion of gender equality clauses in the negotiations conducted by the wage boards, emphasizing equal pay for equal work of value, equal access to quality jobs and training, elimination of discrimination in selection and promotion processes, and guarantees and protections for maternity and responsibility sharing. According to the local consulting firm CPA Ferrere, in 2018 the salary of women in the labor market was 23.2 percent below that of men.

According to a report released by the Chamber of Representatives, women’s participation in the chamber had never exceeded 25 percent of members, and women had chaired only three legislative periods since 1830.

Birth Registration: Citizenship is derived by birth within the country’s territory or from one’s parents. The government immediately registered all births.

Child Abuse: There are laws against child abuse, and penalties vary according to the type of abuse. Penalties for sexual abuse of minors vary between six months and 12 years of prison, depending on the gravity of the case. Penalties for the crime of assault range from three months to eight years of prison, and the penalty for domestic violence is from six months to two years of prison. According to the report of the System for the Protection of Children and Adolescents against Violence (SIPIAV) of INAU, 4,131 cases of violence against children and adolescents were reported in 2018. INAU provided a free, nationwide hotline. SIPIAV and NGOs implemented awareness campaigns, and SIPIAV coordinated interagency efforts on the protection of children’s rights. In March, SIPIAV disseminated to relevant stakeholders a protocol with guidelines for prevention, detection, and protection in situations of violence against children up to three years old.

Early and Forced Marriage: The legal minimum age for marriage is 16, but the law requires parental consent through age 18. In 2017 INAU reported that one in seven marriages were between persons ages 14 to 19 years. In 2018 a legislator reported forced marriages were a regular practice in Arab communities on the border with Brazil. The 2018 human trafficking law defines forced marriage as a form of exploitation.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. Authorities made efforts to enforce the law. In 2018 INAU addressed more than 380 cases of commercial sexual exploitation of children. The human trafficking law defines the use, recruitment, or offering of children and adolescents for sexual exploitation as a form of trafficking. The law establishes the minimum age for consensual sex as 12. When a sexual union takes place between an adult and a minor younger than age 15, violence is presumed and the statutory rape law, which carries a penalty of two to 12 years in prison, may be applied. Penalties for child sex trafficking range from four to 16 years in prison. The penalty for child pornography ranges from one to six years in prison, and the law was effectively enforced. The National Committee for the Eradication of the Commercial and Noncommercial Sexual Exploitation of Children and Adolescents continued to implement its national action plan for 2016-21.

Institutionalized Children: The NPM reported violations of rights in centers for children and adolescents with disabilities, including their confinement, isolation from their surroundings and communities, and prevention of their inclusion and rehabilitation.

The NPM also reported violation of rights in the temporary processing center El Tribal, where children or adolescents separated from their families are initially sent for first response, diagnosis, and evaluation. Violations included prolonged stays, lack of awareness by children and adolescents of their situation and duration of stay, stressful confinement conditions, and excessive detention measures.

In March the INDDHH filed an amparo (a required legal remedy for the protection of constitutional rights) for 16 children and adolescents who were still confined to high-security psychiatric institutions long after being discharged. The court ordered INAU to transfer discharged minors to other specialized centers within a week. Only six of the 16 children and adolescents were transferred by the established deadline. As of May, three of the 16 children remained in psychiatric clinics, and 12 additional children were in psychiatric institutions after their discharge.

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 Central Jewish Committee reported that the Jewish community had an estimated population of 12,000 to 18,000.

Jewish leaders reported acts of anti-Semitism, including verbal harassment and aggressive behavior toward Jewish individuals.

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

The law protects the rights and prohibits abuse of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services. According to the INDDHH, persons with disabilities continued to experience human rights abuses. Persons with disabilities living in both private and government-run facilities were unprotected and vulnerable due to lack of effective mechanisms for supervision.

The government did not always effectively enforce provisions for persons with disabilities. Civil society representatives said there was a general lack of services for persons with disabilities in the country’s interior. The Ministry of Social Development administered several programs that provided assistive devices, temporary housing support, caregiving services, legal assistance, access to transportation, education, vocational training, and employment services.

The law grants children with disabilities the right to attend school (primary, secondary, and higher education). NGOs reported some public schools built after the passing of the law protecting persons with disabilities did not comply with accessibility requirements and usually did not have resources to cater to special needs. An international organization reported there were still “special schools” for children with disabilities, resulting in a situation of segregation for these children. An international organization also reported there were very few adolescents with disabilities in secondary education. Ramps built at public elementary and high schools facilitated access, but some government buildings, commercial sites, movie theaters, and other cultural venues lacked access ramps. NGO representatives reported hospitals and medical services were not always accessible to patients with disabilities. Medical staff often lacked training to deliver primary care and attention to these patients. Plan Ceibal continued to offer specially adapted laptops to children with disabilities. Open television channels are required by law to have simultaneous sign-language interpretation or subtitles on informational and some other programs.

In August the Chamber of Representatives unanimously passed a bill that forces Electoral Boards to ensure access for persons with disabilities to all voting sites, as a response to complaints about the lack of accessibility during the June primary elections. The Disability Secretariat of the National Association of Labor Unions ran a campaign to improve access to voting sites, including an online form to assess such conditions during primaries, with the aim of improving them for future elections.

The NPM reported violations of human rights in psychiatric institutions, specifically mentioning sections of centers Ceremos and Hospital Vilardebo. The NPM found conditions ranging from acceptable to poor throughout these centers in terms of infrastructure and rehabilitation programs, and they noted difficulties in the assisted discharge of patients. Violations included hazardous sewerage and electricity installations, and the coexistence of patients of a wide range of ages as well as with dissimilar diagnoses.

A 2017 law aims to promote dehospitalization. Authorities committed to close down all psychiatric institutions by 2025 and to create a new care system for chronic patients following a community model, with halfway houses rather than psychiatric hospitals. Although civil society considered the law a big step forward, the required regulatory decree outlining the implementation of the law was not issued, nor did it receive a budget. In September a delegation of representatives of several psychiatrists’ organizations expressed their concerns to parliament regarding the lack of implementation of the law two years after approval. They stated that while the law no longer allows some psychiatric institutions to accept new patients, no alternatives were established, generating overpopulation in the centers that continued to take in patients and leaving many persons without required care.

The constitution and the law prohibit discrimination based on race or ethnicity and government made efforts to enforce the law. Despite this, the country’s Afro-Uruguayan minority continued to face societal discrimination, high levels of poverty, and lower levels of education. The INDDHH and Honorary Commission against Racism, Xenophobia, and All Forms of Discrimination continued to receive complaints of racism. NGOs reported “structural racism” in society and noted the percentage of Afro-Uruguayans working as unskilled laborers was much higher than for other groups.

In July the Ministry of Social Development launched a National Plan for Racial Equality for the 2019-22 period. The committee managing the System for the Protection of Victims of Racism and Racial Discrimination developed a strategic plan for 2018-19. The government issued countrywide seed funding for projects centered on Afro-descendant culture and society. The National Police Academy, National School for Peacekeeping Operations of Uruguay, and Ministry of Foreign Affairs’ School of Diplomacy included discrimination awareness training as part of their curricula. The Ministry of Interior organized workshops to review police protocols and procedures involving ethnicity issues for police around the country. The Ministry of Social Development and the interagency antidiscrimination committee held awareness-raising workshops for their staff.

Afro-Uruguayans were underrepresented in government. Two Afro-Uruguayan representatives served in the 130-seat parliament after the October elections, including the first Afro-Uruguayan to be elected to the Senate. The law grants 8 percent of state jobs to Afro-Uruguayan minority candidates who comply with constitutional and legal requirements. The National Office of the Civil Service oversees compliance with the Afro-Uruguayan employment quota requirements and submits an annual report to parliament. In June the office published a Guide for the Mainstreaming of African-Descent Issues and the Implementation of the Employment Quota in the State. It also stated that the percentage of vacancy announcements for positions calling for Afro-Uruguayan applicants had reached the 8 percent required by law for the first time in history. Afro-Uruguayans accounted for 3 percent of all hires during 2018. Although the quota was not reached, more organizations issued compliant vacancy announcements and hired individuals of African descent. The National Employment Agency is required to include Afro-Uruguayans in its training courses. The law requires all scholarship and student support programs to include a quota for Afro-Uruguayans, and it grants financial benefits to companies that hire them. Nonetheless, the United Nations reported it was difficult to ensure the ethnoracial perspective was included in all scholarship programs to meet the quotas.

The law prohibits discrimination based on sexual orientation and gender identity. Leaders of civil society organizations reported that despite the legal advancement of lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues, societal discrimination remained high. A 2018 comprehensive transgender law outlines several new rights for transgender persons. The new law provides for access to work (a 1-percent quota for public-sector jobs), housing, and health; prohibits discrimination; allows persons to self-identify their gender and update their legal name (through an administrative–not judicial–process); creates transgender scholarships; and offers payment for transgender persons born before 1975 who suffered human rights violations during the dictatorship due to their transgender identity. As of July, seven reparatory pensions had been approved. On August 4, there was a prereferendum vote to revoke the law, after a campaign opposing the law was able to collect the number of signatures required to initiate this process. The prereferendum vote reached only 8 percent of the 25 percent of votes required to proceed to the following stage in the process, the referendum. Therefore, the law remained in force.

Civil society representatives reported that health staff in the interior of the country were receiving training related to health service access for the LGBTI population. Although there were already existing initiatives, the law reinforced them by making them mandatory. The Montevideo municipal government conducted training in government-operated clinics. NGOs also reported that although the law establishes the right of transgender persons to sex reassignment surgery, this was available only for transgender women (male to female). NGOs reported the commission in charge of name changes was overwhelmed with the workload increase resulting from the new law.

Authorities generally protected the rights of LGBTI persons. In August a young transgender woman reported discrimination in the workplace due to her gender identity. The woman worked at a supermarket when she began her gender transition, which included wearing earrings and painting her fingernails. According to media, her supervisors reacted negatively to these changes, telling her she could not wear earrings to work because she was a man. The union of shop and service workers intervened and filed a claim with the National Work Directorate of the Ministry of Labor and Social Security, which summoned a tripartite hearing with the union, the employer, and the ministry as mediator. According to civil society representatives, the situation was resolved, and the woman was able to return to her job as she continued to undergo her gender transition.

According to Amnesty International, the country did not have any comprehensive, antidiscrimination policy that protected LGBTI citizens from violence in schools and public spaces or provided for their access to health services. The Latin America and Caribbean Transgender Persons Network (REDLACTRANS) presented a study showing that human rights violations against transgender women include discrimination, violence and aggression, theft, violation of the right to access justice, harassment, and homicide, among others. Discrimination toward transgender women was typically worse in the interior of the country, which tended to be more conservative and had smaller populations.

REDLACTRANS reported most transgender persons did not finish high school and that most transgender women worked in the informal sector, where their social rights (social security and other benefits) were not always guaranteed. They tended to be more vulnerable to dangerous and uncomfortable situations in sexual work and were less likely to report threats or attacks. In 2016 the government reported that 30 percent of transgender persons were unemployed, only 25 percent worked in the formal sector, 70 percent were sex workers, and the majority had low levels of education. Civil society reported it was less frequent for transgender men to be expelled from their home but that there was a high rate of depression and suicide attempts among this population. Observers also noted that, because they did not complete their education, transgender men usually had unskilled and low-paying jobs.

There were isolated reports of societal discrimination against persons with HIV/AIDS.

a. Freedom of Association and the Right to Collective Bargaining

The constitution and the law, including related regulations and statutory instruments, protect the right of workers to form and join independent unions, conduct legal strikes, and bargain collectively. The government and employers respected freedom of association and the right to collective bargaining in practice. Civil servants, employees of state-run enterprises, private-enterprise workers, and legal foreign workers may join unions. The law prohibits antiunion discrimination and requires employers to reinstate workers fired for union activities and pay them an indemnity. Workers in the informal sector are excluded from these protections. The government respected and effectively enforced labor laws.

The Labor and Social Security Inspection Division of the Ministry of Labor and Social Security (IGTSS) investigates discrimination and workplace abuse claims filed by union members. In 2018 the IGTSS received 220 claims of harassment and 63 claims of sexual harassment in the workplace and 48 claims of antiunion discrimination. Information on government remedies and penalties for violations was not available. There were generally effective, albeit lengthy, mechanisms for resolving workers’ complaints against employers.

Worker organizations operated free of government and political intervention. Labor union leaders were strong advocates for public policies and even foreign policy issues. They remained very active in the political and economic life of the country. In November 2018 the International Labor Organization (ILO) issued a report to the government regarding a complaint by local business chambers of commerce requesting the government change collective bargaining laws. In June the ILO included Uruguay in the list of 24 countries to be analyzed by the ILO Committee on Application of Standards, due to noncompliance with Convention 98 on collective bargaining. According to the committee, tripartite bodies can negotiate only wages, while terms and conditions of work should be negotiated bilaterally between employers and workers organizations. The convention states collective bargaining should be voluntary; however, the way the law was drafted makes it mandatory in practice. During the international labor conference in June, the committee urged a review of and changes to the country’s legislation on collective bargaining before November. The government called the first tripartite meeting to comply with these changes in late June.

The law prohibits and criminalizes all forms of forced or compulsory labor, and the government effectively enforced the law. The law establishes penalties of two to 12 years in prison for forced labor crimes. Penalties were sufficient to deter violations. In March the Ministry of Labor investigated a case involving 20 Cuban victims in the rural area of Canelones. Victims performed rural work allocated by an intermediary and then gave their earnings to this intermediary in exchange for housing and food. A report was filed with the municipal government, which referred it to the ministry. The investigation continued as of October. Information on the effectiveness of inspections and governmental remedies was not available. Foreign workers, particularly from Cuba, Venezuela, Bolivia, Paraguay, Peru, Brazil, the Dominican Republic, and Argentina, were vulnerable to forced labor in agriculture, construction, domestic service, cleaning services, elderly care, wholesale stores, textile industries, agriculture, fishing, and lumber processing. Venezuelan and Cuban migrant workers were subject to forced agricultural labor in Canelon Chico, north of Montevideo. Migrant women were the most vulnerable, as they were often exposed to sexual exploitation. Furthermore, North Korean laborers were identified as having transited the country to board fishing vessels that operated in international waters off the coast. Foreign workers aboard Taiwanese- and Chinese-flagged fishing vessels based in the Montevideo port may have been subjected to abuses indicative of forced labor, including unpaid wages, confiscated identification, a complete absence of medical and dental care, and physical abuse. According to an NGO representative, since 2013, an average of one dead crewmember per month from these vessels had been recorded, some due to poor medical care.

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

The law prohibits the worst forms of child labor and provides for a minimum age of employment, limitations on working hours, and occupational safety and health restrictions for children. The law sets the minimum age for employment at 15, but INAU may issue work permits for children ages 13 to 15 under exceptional circumstances specified by law. In 2018 INAU issued 2,166 work permits for minors between ages 15 and 18, of which 53 percent were for work in the country’s interior. Minors ages 15 to 18 must undergo physical exams prior to beginning work and renew the exams yearly to confirm that the work does not exceed the physical capacity of the minor. Children ages 15 to 18 may not work more than six hours per day within a 36-hour workweek and may not work between 10 p.m. and 6 a.m. The minimum age for hazardous work is 18, and the government maintains a list of hazardous or fatiguing work that minors should not perform and for which it does not grant permits.

The Ministry of Labor is responsible for overall compliance with labor regulations, but INAU is responsible for enforcing child labor laws. Due to a lack of dedicated resources, enforcement was mixed and particularly poor in the informal economy, where most child labor occurred. Violations of child labor laws by companies and individuals are punishable by fines determined by an adjustable government index. Parents of minors involved in illegal child labor may receive a sentence of three months to four years in prison, according to the penal code. These penalties were sufficient to deter violations.

The main child labor activities reported in the interior of the country were work on small farms, maintenance work, animal feeding, fishing, cleaning milking yards, cattle roundup, beauty shops, at summer resorts, and as kitchen aids. In Montevideo the main labor activities were in the food industry (supermarkets, fast food restaurants, and bakeries) and in services, gas stations, customer service, delivery services, cleaning, and kitchen aid activities. Informal-sector child labor continued to be reported in activities such as begging, domestic service, street vending, garbage collection and recycling, construction, and in agriculture and forestry sectors, which were generally less strictly regulated and where children often worked with their families.

INAU worked with the Ministry of Labor and the state-owned insurance company BSE to investigate child labor complaints and worked with the Prosecutor General’s Office to prosecute cases. INAU reported 55 complaints of child labor incidents, 31 involving children younger than 14 years old and 24 involving teenagers between 15 and 18 working without required permits. INAU completed 2,600 inspections in 2018. INAU continued its efforts to prevent and regulate child labor and provided training on child labor matters.

Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, color, sex, religion, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, HIV status, or other communicable diseases. The government in general effectively enforced applicable law and regulations, and penalties were sufficient to deter violations.

Discrimination in employment and occupation occurred mostly with respect to sex, race, disability, and nationality. According to UN Mujeres, the number of gainfully employed, paid women decreases as they have more children, which does not happen to men. Women earned lower wages than their male counterparts, and only an estimated 20 percent of companies claimed to have women in leadership positions. Foreign workers, regardless of their national origin or citizenship status, were not always welcome and continued to face challenges when seeking employment. The government took steps to prevent and eliminate discrimination (see sections 5 and 6).

The law provides for a national minimum wage, and the monthly minimum wage for all workers was above the poverty line. The government effectively enforced wage laws, and penalties were sufficient to deter violations. Formal-sector workers, including domestic and migrant workers and workers in the agricultural sector, are covered by laws on minimum wage and hours of work. These laws do not cover workers in the informal sector, who accounted for 24 percent of the workforce. Workers in construction and agricultural sectors were more vulnerable to labor rights violations.

The law stipulates that persons cannot work more than eight hours a day, and the standard workweek for those in the industrial and retail sectors may not exceed 44 or 48 hours, with daily breaks of 30 minutes to two and one-half hours. The law requires that workers receive premium pay for work in excess of regular work schedule hours. The law entitles all workers to 20 days of paid vacation after one year of employment and to paid annual holidays, and it prohibits compulsory overtime beyond a maximum 50-hour workweek. Employers in the industrial sector are required to give workers either Sunday off or one day off every six days of work (variable workweek). Workers in the retail sector are entitled to a 36-hour block of free time each week. Workers in the rural sector cannot work more than 48 hours in a period of six days.

The Ministry of Labor is responsible for enforcing the minimum monthly wage for both public- and private-sector employees and for enforcing legislation regulating health and safety conditions. The ministry had 120 labor inspectors throughout the country, which was sufficient to enforce compliance. The number of penalties imposed for labor violations was unavailable.

The government monitors wages and other benefits, such as social security and health insurance, through the Social Security Fund and the Internal Revenue Service. The Ministry of Public Health’s Bureau of Environment and Occupational Work is responsible for developing policies to detect, analyze, prevent, and control risk factors that may affect workers’ health. In general authorities effectively enforced these standards in the formal sector but less so in the informal sector.

The Labor Ministry’s Social Security Fund monitors domestic work and may obtain judicial authorization to conduct home inspections to investigate potential labor law violations. Conditions for domestic workers improved, including labor rights, social security benefits, wage increases, and insurance benefits. Although 37 percent of domestic workers were employed in the informal sector, it was half the percentage of 10 years ago.

By law workers may not be exposed to situations that endanger their health or safety and may remove themselves from such situations without jeopardy to their employment. Government authorities and unions protected employees who removed themselves from such activities. The Ministry of Agriculture is responsible for carrying out safety and health inspections in the agricultural sector.

The Ministry of Labor sets occupational safety and health standards, and the standards were current and appropriate for the main industries in the country.

The state-owned insurance company BSE reported 32,945 labor accidents and 46 labor-related deaths in 2018, compared with 33,029 accidents and 30 deaths in 2017. In some cases workers were not informed of specific hazards or employers did not adequately enforce labor safety measures.

Rape and Domestic Violence: In September, President Mirziyoyev signed a domestic violence law that provides a legal definition of sexual, physical, economic, and psychological violence against women as well as defines the rights of victims of harassment and violence. It also set up an interagency framework of responsibilities, including governmental entities such as the Cabinet of Ministries, Ministries of Internal Affairs and Employment and Labor Relations, local government bodies, the mahalla (neighborhood) committee network, and NGOs working in the area of protecting women from domestic violence. Information about the government’s enforcement of the law was not available at year’s end. Cultural norms discouraged women and their families from speaking openly regarding rape, and the press rarely reported it.

There are government-run shelters for victims of domestic abuse and telephone hotlines for victims seeking assistance. Victims of domestic violence may be sheltered in Centers for Rehabilitation and Adaptation.

Other Harmful Traditional Practices: Polygamy is unofficially practiced in some parts of the country. The law punishes conviction of polygamy with up to three years of imprisonment and fines but does not penalize the women in such cases. The law does not confer the same rights, including property, inheritance, or child custody rights, to women in unregistered polygamous marriages as it does to those in registered marriages, making women in unregistered polygamous marriages particularly vulnerable to abuse and deprivation of rights when the spouse dies or ends the relationship.

Sexual Harassment: The law does not explicitly prohibit sexual harassment, but it is illegal for a male supervisor to coerce a woman who has a business or financial dependency into a sexual relationship. Social norms, lack of reporting, and lack of legal recourse made it difficult to assess the scope of the problem. Government efforts to enforce the law and prevent sexual harassment were unknown.

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

Discrimination: In September the president signed a law on gender equality, a first for the country. The law provides for equal opportunities in the area of healthcare, education, science, culture, labor, and social protection.

On May 1, the government lifted the ban on female workers in heavy industries and professions, such as mining, oil and gas enterprises, and construction, as part of a presidential decree on strengthening the guarantees of women’s labor rights. The government provided little data that could be used to determine whether women experienced discrimination in access to employment or were paid less for similar work.

Birth Registration: Citizenship is derived by birth within the country’s territory or from one’s parents. The government generally registered all births immediately.

Medical Care: While the government provided equal subsidized health care for boys and girls, those without an officially registered address, such as street children and children of migrant workers, did not have regular access to government health facilities.

Child Abuse: Legal protections against child abuse exist. Society generally considered child abuse to be an internal family matter. Little official information was available on the subject, including on the government’s efforts to combat it.

Early and Forced Marriage: In April the government raised the minimum legal age for marriage of women from 17 to 18, making the age of marriage equal for both sexes. District authorities may lower the age by one year in exceptional cases. In some rural areas, girls 15 years of age or younger married men in religious ceremonies not officially recognized by the state.

Sexual Exploitation of Children: The law seeks to protect children from “all forms of exploitation.” Conviction of involving a child in prostitution is punishable by a fine of 25 to 50 times the minimum monthly salary and imprisonment for up to five years.

The minimum age for consensual sex is 16. The punishment for conviction for statutory rape is 15 to 20 years’ imprisonment. Conviction for the production, exhibition, and distribution of child pornography (involving persons younger than 21) is punishable by a fine or by imprisonment for up to three years.

Institutionalized Children: According to UNICEF, more than 20,000 children with disabilities resided in institutions. Children who are placed in residential care for educational purposes are overrepresented in these institutions. The most recent reports from the State Statistics Agency, published in 2017, indicated that 84 percent of all children placed in residential care were children with disabilities, with children between the ages of seven and 17 representing the largest group.

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 were no reports of anti-Semitic acts or patterns of discrimination against Jews. There were eight registered Jewish congregations. Observers estimated the Jewish population fewer than 10,000, concentrated mostly in Tashkent, Samarkand, the Fergana Valley, and Bukhara. Their numbers continued to decline due to emigration, largely for economic reasons.

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, but societal discrimination based on disability occurred.

The law allows for fines if buildings, including private shops and restaurants, are not accessible, although no information was available concerning the imposition of fines. Disability activists reported accessibility remained inadequate, noting, for example, that many of the high schools constructed in recent years had exterior ramps but no interior modifications to facilitate access by wheelchair users.

The Ministry of Health controlled access to health care for persons with disabilities, and the Ministry of Employment and Labor Relations facilitated employment of persons with disabilities. No information was available regarding patterns of abuse in educational and mental health facilities.

Disability rights activists reported that discrimination occurred and estimated that approximately 8,500 adults with disabilities (of more than 600,000) were employed and approximately 75 percent lived below the poverty line. The city of Tashkent set aside 2,500 housing units for persons with disabilities. The government mandates that social infrastructure sites, urban and residential areas, airports, railway stations, and other facilities must provide for access to persons with disabilities, although there were no specific government programs implemented and activists reported particular difficulties with access.

Students who were blind or with vision disabilities studied dated braille books published during Soviet times, but there were some computers adapted for persons with vision disabilities. The number of persons with disabilities has significantly increased in institutions of higher learning as the result of a government quota system. In 2017 only 50 persons with disabilities were accepted to higher education. This year the number was 1,659 as of late September.

The law does not require Uzbek language ability to obtain citizenship, but language often was a sensitive issue. Uzbek is the state language, and the constitution requires that the president speak it. The law also provides that Russian is “the language of interethnic communication.”

Officials reportedly reserved senior positions in the government bureaucracy and business for ethnic Uzbeks, although there were numerous exceptions.

Complaints of societal violence or discrimination against members of ethnic minority groups were rare.

The law criminalizes consensual same-sex sexual activity between men, which is punishable by up to three years’ imprisonment if convicted of this crime. No information was available on enforcement of this law during the year. The law does not criminalize consensual same-sex sexual activity between women.

Society generally considered same-sex sexual activity as a taboo subject. There were no known LGBTI organizations. Deeply negative social attitudes related to sexual orientation and gender identity limited the freedom of expression of the LGBTI community and led to discrimination. The law does not prohibit discrimination against LGBTI persons in housing, employment, nationality laws, and access to government services, such as health care.

Following the country’s Universal Periodic Review in 2018, the government rejected recommendations related to decriminalization of LGBTI status and called LGBTI issues “irrelevant to Uzbek society.”

On September 12, police found the body of Shokir Shavkatov in an apartment in Tashkent just days after he disclosed on Instagram that he was gay. According to media reports, police say he suffered “several” knife wounds on his “neck and arms,” noting that his throat had been cut “so deeply that he was nearly decapitated.” Police later charged two suspects with murder. Activists say his murder was an act of hatred toward sexual minorities. In the weeks before the attack, local activist Shohrukh Salimov, via a video appeal posted from Turkey, urged President Mirziyoyev to abandon parts of the criminal code that prohibit sexual relations between males. Other LGBTI activists reported harassment from individuals suspected to have links with the security services.

The law protects those infected with HIV from discrimination and provides for free health care. As of 2018, UNAIDS estimated 52,000 individuals were living with HIV, including up to 6,000 children under the age of 14. Coverage of HIV-infected adults with antiretroviral therapy (ART) was 46 percent, while coverage of children was 93 percent. Persons known to be HIV-positive reported social isolation and discrimination by public agency workers, health personnel, law enforcement officers, landlords, and employers after their HIV status became known. The military summarily expelled recruits in the armed services found to be HIV-positive. Some LGBTI community activists reported that hospital wards reviewed the personal history of HIV-infected patients and categorized them as being drug addicts, homosexuals, or engaged in prostitution. Hospital officials reportedly sometimes marked HIV-infected patients’ files as “homosexual” and referred them to police for investigation, because consensual same-sex sexual conduct between men is a criminal act.

a. Freedom of Association and the Right to Collective Bargaining

The law allows workers to form and join independent unions and bargain collectively. Individuals have not been able to exercise these rights because no independent labor unions operated in the country. The law neither provides for nor prohibits the right to strike but does prohibit antiunion discrimination. The law on trade unions states that workers may not be fired due to trade union membership, but it does not clearly state whether workers fired for union activity must be reinstated. Volunteers in public works and workers employed by individuals without documented contracts do not have legal protection.

There is no public information available regarding government enforcement of applicable laws, as there are no known cases of attempts to form independent unions. The law provides penalties for violating freedom of association laws equal to five to 10 times the minimum salary. The government amended the law on “professional unions, rights, and guarantees of their activities.” Despite legal protections, in practice, as stated above, workers have not successfully formed or joined independent unions. Workers continued to worry that attempts to create independent alternative unions would be repressed. Unions remained centralized and dependent on the government.

The state-run Federation of Trade Unions of Uzbekistan incorporated more than 35,000 primary organizations and 14 regional trade unions, according to official reports. Regional and industrial trade unions remained state managed.

Government-organized unions demonstrated minimal bargaining power. For example, government ministries, including the Ministry of Agriculture, in consultation with the Federation of Trade Unions, continued to set wages for government employees and production quotas in certain sectors. In the emerging private sector, management established wages or negotiated them individually with persons who contracted for employment. There was no state institution responsible for labor arbitration.

The law prohibits all forms of forced or compulsory labor, except as legal punishment for such offenses as robbery, fraud, or tax evasion or as specified by law. Certain sections of the criminal code allow for compulsory labor as a punishment for offenses including defamation and incitement of national, racial, ethnic, or religious enmity. Penalties are not sufficient to deter violations.

Inspectors from the Ministry of Employment and Labor Relations have authority to enforce laws on forced labor. The lead for issues related to forced labor or trafficking in persons is the special rapporteur of the National Commission on trafficking in persons and forced labor. The ILO increased the scope of its third-party monitoring on child and forced labor in the cotton harvest during the year.

The government continued its efforts to combat all forms of forced labor. During the year the government informed the public of the prohibition against forced labor, including in the annual cotton harvest.

A July 30 presidential decree instructed the government to begin a process of criminalizing forced labor violations, which heretofore had been punished only by administrative fine. In December the parliament adopted legislation criminalizing forced labor, however, forced labor violations are only criminalized in the second instance. The first violation is still punished by administrative fines. The decree additionally created a national commission for trafficking in persons and forced labor to oversee and coordinate government efforts. The national commission is divided into subcommittees for trafficking in persons, chaired by the minister of the interior, and for forced labor, chaired by the minister of employment and labor Relations. Both act as deputy chairs to the national commission itself.

The government appointed a special rapporteur for the national commission, Tanzila Narbaeva, who also serves as chair of the Senate. The government empowered the special rapporteur to report on the issue directly to the president and to set up regional or territorial commissions to oversee the implementation of the decree at the local level. This decree also called for the drafting of an amendment to the law on combatting trafficking in persons to include a mechanism for identifying trafficking victims and mandated an update to legislation on human trafficking and forced labor that criminalizes forced labor.

While the government maintained formal prohibitions on the use of forced labor in all economic sectors–and enforced these provisions–the laws as written were not sufficient to comply with international labor standards. Because cotton production quotas remained in place, there continued to be pressure on local officials to meet production targets. Such pressure encouraged the use of forced labor. Administrative penalties against the use of forced labor were increased: The minimum fine for first offense is between 10- to 30-times the minimum monthly salary, and for repeated offenses the penalty is 30- to 100-times the minimum monthly salary. As stated above, the law adopted in December will impose criminal penalties for repeated instances of forced labor. In October the president approved the Agriculture Development Strategy 2030, which is designed to phase out quotas for agricultural products by 2023.

The government allowed the ILO access in real time to its feedback mechanism for reporting labor violations to see how it responded to complaints. The government additionally made efforts to meet with international organizations, NGOs, civil society organizations, and local activists to discuss the issue of forced labor publicly and to receive feedback including suggestions and criticism to enable it to improve its approach to forced labor in the cotton harvest. The government acknowledged its problem with forced labor and sought assistance to eliminate it.

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

The law prohibits the worst forms of child labor. The law sets the minimum working age at 16 and provides that work must not interfere with the studies of those younger than 18. The law does not allow children younger than 15 to work at all, but this provision was not always observed. Children aged 15, with permission from their parents, may work a maximum of 24 hours per week when school is not in session and 12 hours per week when school is in session. Children who are 16 through 18 may work 36 hours per week while school is out of session and 18 hours per week while school is in session. Decrees stipulate a list of hazardous activities forbidden for children younger than 18 and prohibit employers from using children to work under specified hazardous conditions, including underground, underwater, at dangerous heights, and in the manual harvesting of cotton, including cotton harvesting with dangerous equipment.

Children were employed in agriculture; in family businesses, such as bakeries and convenience stores; and in services, such as street vending and scrap metal collection.

Inspectors from the Ministry of Employment and Labor Relations have authority to enforce laws on child labor. No information was available on the enforcement of these laws. Penalties were sufficient to deter violations. There was no systemic use of child labor, although individual instances of child labor violations continued to exist.

There was no evidence of any government-compelled child labor. The government prohibition against the use of students remains in force.

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 .

Laws and regulations prohibit discrimination with respect to employment and occupation based on race, gender, religion, and language. The labor code states that differences in the treatment of individuals deserving of the state’s protection or requiring special accommodation, including women, children, and persons with disabilities, are not to be considered discriminatory. The law does not prohibit discrimination based on sexual orientation or gender identity, age, political opinion, national origin or citizenship, or social origin. HIV-positive individuals are legally prohibited from being employed in certain occupations, including those in the medical field that require direct contact with patients or with blood or blood products as well as in cosmetology or haircutting. There were insufficient publicly available data to determine government enforcement of these laws and regulations. There were no reliable data on employment discrimination.

The Uzbek labor code prohibits refusing employment based on an applicant’s criminal record or the criminal record of a close relative.

Foreign migrant workers enjoy the same legal protections as Uzbek workers as long as their employers follow all legal procedures for their employment. The law provides for a number of punishments of Uzbek employers who do not follow all legal procedures. The government did not strictly enforce employment law, primarily due to insufficient staffing of relevant entities and endemic corruption.

The law provides for a national minimum wage. The government did not provide an estimate for poverty income levels. According to international estimates, 11.4 percent of the population met the definition of being below the poverty line in 2018. No figures were available for 2019.

The law establishes a standard workweek of 40 hours and requires a 24-hour rest period. The law provides for paid annual holidays. The law provides overtime compensation as specified in employment contracts or as agreed with an employee’s trade union. Such compensation may be provided in the form of additional pay or leave. The law states that overtime compensation should not be less than 200 percent of the employee’s average monthly salary rate. Additional leave time should not be less than the length of actual overtime work. An employee may not work more than 120 hours of overtime per year, but this limitation was not generally observed, particularly in the public sector. The law prohibits compulsory overtime. The government effectively enforced these laws in the formal economy. No data was available on enforcement of these laws in the informal economy.

The Ministry of Employment and Labor Relations establishes and enforces occupational health and safety standards in consultation with unions. According to the law, health and safety standards should be applied in all sectors. The government effectively enforced these laws in the formal economy. No data was available on enforcement of these laws in the informal economy.

Employers are responsible for ensuring compliance with standards, rules, and regulations on labor protection as well as obligations under collective agreements. The law provides that workers may legally remove themselves from hazardous work if an employer fails to provide adequate safety measures for the job, and the employer must pay the employee during the time of the work stoppage or provide severance pay if the employee chooses to terminate employment. Workers generally did not exercise this right because it was not effectively enforced and employees feared retribution by employers. The law requires employers to insure against civil liability for damage caused to the life or health of an employee in connection with a work injury, occupational disease, or other injury to health caused by the employee’s performance on the job. In addition, a company’s employees have the right to demand, and the administration is obliged to provide them with, information on the state of working conditions and safety at work, available personal protection means, benefits, and compensations.

The number of labor inspectors increased throughout the year, and there was a rise in the number of public complaints received as well as penalties issued.

The Ministry of Labor maintains protocols requiring investigation into labor complaints within five business days. The ministry or a local governor’s office could initiate a selective inspection of a business, and special inspections were conducted in response to accidents or complaints. A 2017 presidential decree prohibited unannounced inspections of private businesses, including labor inspections, in an effort to crack down on corrupt government practices, but the government reversed itself, and unannounced inspections are legal again.

Reports suggested that enforcement was uneven. The law remained unenforced in the informal economy, where employment was usually undocumented. Despite an increase in the number of labor inspectors, the Ministry of Employment and Labor Relations still lacks adequate staff to enforce compliance. Penalties were not sufficient to deter violations in the informal sector.

The government continued with the extension of the ILO’s Decent Work Country Program until 2020. The most common labor violations were working without contracts, receiving lower than publicly announced payments, delayed payments, and substandard sanitary or hygienic working conditions.

Many employees had official part-time or low-income jobs and many continued to work informally. The government worked closely with the ILO’s Decent Work Country Program on efforts to shift more of the economy from an informal to the formal economy and to provide labor and social protections to those working informally.

Workers did not report any occupational health and safety violations. Private sector employers most commonly committed violations of wage, overtime, and occupational health and safety standards. Although regulations provide for safeguards, workers in hazardous jobs often lacked protective clothing and equipment. More specific information on sectors in which violations were common and on specific groups of workers who faced hazardous or exploitative working conditions was not available.

Rape and Domestic Violence: Rape–regardless of the victim’s gender–is a crime with a maximum penalty of life imprisonment. The law does not specifically criminalize spousal rape, but it can be prosecuted under related statutes that cover assault and domestic violence. The law criminalizes domestic violence and seeks to protect the rights of women and children. Violators could face maximum prison terms of five years, a maximum fine of VUV 100,000 ($860), or both. The law also calls for police to issue protection orders for as long as there is a threat of violence.

Police were frequently reluctant to intervene in what they considered domestic matters. There is, however, a “no drop,” evidence-based policy under which police are not supposed to drop reported domestic-violence cases. The Police Academy and the New Zealand government provided training for police in responding to domestic-violence and sexual-assault cases.

Violence against women, particularly domestic violence, was common. According to the most recent survey data available, 60 percent of women in a relationship experienced physical or sexual violence by a partner. According to a 2017 report from Correctional Services, more than 60 percent of prison inmates were charged with sex-related offenses. Most cases, including rape, were not reported to authorities because women, particularly in rural areas, were ignorant of their rights or feared further abuse.

There were no countrywide government information programs designed to address domestic violence. Although media attention to domestic violence and abuse was generally limited, the killings of two women by their partners in Port Vila in 2017 received significant attention.

The Department of Women’s Affairs played a role in implementing family protection. Nongovernmental organizations (NGOs) played an important role in educating the public about domestic violence and helping women access the formal justice system, but they lacked sufficient funding to implement their programs fully.

Other Harmful Traditional Practices: Customary bride-price payments continued and contributed to the perception of male ownership of women.

Sexual Harassment: The law does not prohibit sexual harassment, and it was a problem. Sexual harassment was widespread in the workplace.

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

Discrimination: The constitution provides women the same personal and religious rights as men. Laws regarding marriage, criminal procedures, and employment further enshrine women’s rights as equal to those of men. The law, however, does not allow citizen mothers alone to transmit citizenship to their children.

Although the law does not prohibit women from owning or inheriting property or land, tradition generally bars women from land ownership or property inheritance.

Women were slowly emerging from a traditional culture characterized by male dominance, but women continued to experience discrimination in access to employment, credit, and pay equity for substantially similar work. The Department of Women’s Affairs worked with regional and international organizations to increase women’s access to the formal justice system and educate women about their rights under the law, holding multiple open workshops throughout the year that coincided with public holidays to encourage participation at the local community level.

Birth Registration: A citizen father, but not a citizen mother, may transmit citizenship to a child regardless of where the child is born. A child born of a citizen mother may apply for citizenship at age 18. The lack of citizenship at birth can cause a child to be denied passports and other rights and services. Parents usually registered the birth of a child immediately, unless the birth took place in a very remote village or island. Failure to register does not result in denial of public services.

Education: The government stressed the importance of children’s rights and welfare, but significant problems existed with access to education. Although the government stated its commitment to free and universal education, school fees and difficult geography were barriers to school attendance for some children.

School attendance is not compulsory. In general boys received more education than girls. Although attendance rates were similar in early primary grades, proportionately fewer girls advanced to higher grades. An estimated 50 percent of the population was functionally illiterate.

Child Abuse: The country does not have a legal definition of child abuse, but the law addresses sexual abuse of children and states that parents must protect children from violence within the family setting. The national child protection policy recognizes the government’s responsibility to protect all children from violence, abuse, exploitation, and neglect and includes the need to introduce a child protection bill.

NGOs and law-enforcement agencies reported increased complaints of child abuse, incest, and rape of children in recent years. A 2017 UNICEF report stated that eight of 10 children from ages two to four experienced violent discipline at home. It also stated that one in three children experienced severe physical punishment at home and that sexual abuse before the age of 15 affected three of 10 children. The government did little to combat the problem.

In April 2018, for example, a six-year-old girl was abducted from her home, raped, and killed. In April the perpetrator was found guilty and sentenced to life imprisonment by the Supreme Court in the first case prosecuted under the Penal Code amendment of 2017.

Early and Forced Marriage: The legal age for marriage is 21 years, although boys as young as 18 and girls as young as 16 may marry with parental permission. In rural areas and outer islands, some children married at younger ages. In 2018 UNICEF reported that approximately 21 percent of children married before age 18.

Sexual Exploitation of Children: The law addresses statutory rape, providing a maximum penalty of five years’ imprisonment if the child is older than 13 but younger than 15, or 14 years’ imprisonment if the child is younger than 13. The law also prohibits commercial sexual exploitation of children, the sale of children, and the offering or procuring of a child for the purpose of prostitution or pornography. There were no criminal cases dealing with pornography or child sexual exploitation during the year.

The maximum penalty for publishing child pornography is five years’ imprisonment and for possession, two years’ imprisonment.

Under the law the age of consensual sex is 16 regardless of sex or sexual orientation. Some children younger than 18 engaged in prostitution.

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 country’s Jewish community consisted of a few foreign nationals, and there were no reports of anti-Semitic acts.

In November 2018 four Bangladeshi nationals were arrested for trafficking 100 Bangladeshi men and two children to work for the Mr Price company (a South African retailer) in Vanuatu. At their September hearing, all four pleaded not guilty. The trial in the Supreme Court began on November 21, but it recessed on December 6 with a scheduled January 2020 resumption. Of the 102 victims, 77 have departed the country, and 25 remained as witnesses against their alleged traffickers.

No law specifically prohibits discrimination against persons with disabilities. Although the building code mandates access for persons with disabilities in existing and new facilities, they could not access most buildings.

The government did not effectively implement national policy designed to protect the rights of persons with disabilities. Access to services through the Ministry of Health’s mental-health policy was very limited. Schools were generally not accessible to children with disabilities.

The government generally relied upon the traditional extended family and NGOs to provide services and support to persons with disabilities. The high rate of unemployment in the general population, combined with social stigma attached to disabilities, meant few jobs were available to persons with disabilities.

No laws criminalize sexual orientation or consensual same-sex sexual conduct, but there were reports of discrimination and violence against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. LGBTI groups operated freely, but there are no antidiscrimination laws to protect them.

Traditional beliefs in sorcery fueled violence against persons marginalized in their communities, although there were no documented cases during the year. Women were often targets of opportunity.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, strike, and bargain collectively. This right is not extended to the police force or prison service. While the law does not require union recognition by the employer, it prohibits antiunion discrimination once a union is recognized. Unions are required to register with the government and to submit audited statements of revenue and expenditure to the registrar annually. Unions require government permission to affiliate with international labor federations; the government has not denied any union such permission.

The law prohibits retaliation for legal strikes but does not explicitly require reinstatement for workers fired for union activity. Unions are independent of the government, but there were instances of government interference in union activities. The law requires unions to give 30 days’ notice of intent to strike and to provide a list of the names of potential strikers. A union must also show that it has attempted negotiation with the employer and reported the matter to the industrial registrar for possible mediation. The minister of labor may prohibit persons employed in essential services from striking. Under the law a court may find any person who fails to comply with such a prohibition guilty of an offense; similarly, for strikes in nonessential services, courts may also find workers failing to comply with procedural requirements guilty of an offense. Convictions for such offenses may result in an obligation to perform compulsory labor in public prisons.

Complaints from private-sector workers about violations of freedom of association are referred to the Department of Labor for conciliation and arbitration. The Public Service Commission handles complaints of violations from public-sector workers. Complaints of antiunion discrimination must be referred to the Department of Labor. According to the commissioner for labor, the department has a dispute-resolution process to manage these grievances.

The government effectively enforced applicable law without lengthy delays or appeals. Resources were limited, and investigations were generally only carried out following complaints. Penalties for violating the law were sufficient to deter violations.

The government and employers respected freedom of association, but the right to collective bargaining was not explicitly laid out in the law. In May the Teachers Union issued a strike notice demanding that the government settle teachers’ grievances regarding pay-scale anomalies and outstanding benefits. The government and the union agreed to a settlement before any strike action. In June the Ministry of Education promised the Vanuatu Teachers Commission that the first tranche of VUV 153 million ($1.32 million) would be released, settling the outstanding salaries of 576 teachers. A future installment of VUV 376 million ($3.23 million) was allocated for the remaining 585 teachers. These installments were appropriated in the current VUV 506 million ($4.35 million) supplementary budget.

The constitution and law prohibit all forms of forced or compulsory labor, and the law prohibits slavery and human trafficking. The law excludes from the definition of forced labor any work or service that forms part of the national civic obligations of citizens, but the law does not define such work.

The government effectively enforced the law. Penalties for violating the law were sufficient to deter violations. There were no reports that forced labor occurred.

The law does not explicitly prohibit all of the worst forms of child labor. The law establishes the minimum age for employment at 14. The law prohibits children younger than 12 from working outside family-owned agricultural production, where many children assisted their parents. Children ages 12 to 14 may perform light domestic or agricultural work if a family member works alongside the child, and agricultural work if the community does it collectively. Children younger than 18 generally may not work on ships; however, with the permission of a labor officer, a child age 15 may work on a ship. Although parliament established a minimum age of 15 for hazardous work, the law does not comply with international standards, because it does not prohibit children ages 16 to 17 from engaging in hazardous work, such as industrial labor and work on ships.

The government did not release enough information related to its enforcement of child-labor law to determine whether the law was effectively enforced. The Department of Labor confirmed there were no reported cases of illegal child labor during the year, and department action to address child labor was limited to informal presentations on the topic. There were no reports of government stopping child-labor activities or imposing administrative barriers. Penalties were not sufficient to deter violations.

According to the National Child Protection Policy, the country has no data to determine the nature and prevalence of child labor. The Department of Labor stated, however, that most child workers were involved in logging activities. Logging activities expose children to hazardous activities including having no proper protective equipment to operate machines, no proper training, and no regular medical checkups. Children were also involved in handling or lifting heavy loads. There were also reports of a lack of regular inspection from forestry and other appropriate government agencies to provide appropriate guidance to the workers.

There were no credible reports of children employed in agriculture illegally, although legal employment of children in hazardous work could constitute a worst form of child labor. There were reports children were subjected to commercial sexual exploitation (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 .

The constitution prohibits employment discrimination with respect to race, religion, political opinion, traditional beliefs, place of origin or citizenship, language, or sex.

The government did not effectively enforce prohibitions on employment discrimination against women, which was widespread. The penalties for violation of this prohibition are not sufficient to deter violations.

Discrimination against women was especially common in promotions to management positions. Persons with disabilities also faced discrimination with respect to employment and occupations. The International Labor Organization noted that legislation allowing for the removal of persons with disabilities from some senior positions appeared to reflect an assumption that persons are incapable of holding such a position if they have any form of disability.

The minimum wage is above the national poverty income level.

The law provides for a 44-hour maximum workweek, and the total number of hours worked, including overtime, should not exceed 56 hours per week. Workers must receive more than three days paid annual holidays. The law provides for a premium of 50 to 75 percent more than the normal rate of pay for overtime work.

The law includes provisions for occupational safety standards, which are up-to-date and appropriate for the main sectors. Legal provisions on working conditions and safety standards apply equally to foreign workers and citizens in the formal sector. Application of safety and health provisions were inadequate to protect workers engaged in logging, agriculture, construction, and manufacturing. While workers have the legal right to remove themselves from dangerous situations, the government did not protect workers in this situation.

The government did not effectively enforce the law, especially in the informal sector. The labor commissioner stated that most companies complied with the wage rate and inspectors conducted routine inspections to determine that minimum wages were paid. The number of inspectors was not sufficient to deter violations. Penalties were not sufficient to deter violations. The government did not receive any formal complaints of violations regarding minimum wage, hours of work, or safety standards during the year.

Many companies in logging, agriculture, construction, and manufacturing did not provide personal safety equipment and standard scaffolding for workers.

Rape and Domestic Violence: The law criminalizes rape, but it does not criminalize spousal rape. The punishment for rape is imprisonment for up to 25 years. The government did not enforce the law effectively. In 2016 the UN Office for the Coordination of Humanitarian Affairs reported 2.6 million women and girls were at risk for gender-based violence, an increase of 63 percent of those at risk since the conflict began. During the year the United Nations reported incidents of gender-based violence continued to increase. The UN Group of Experts reported SBF personnel continued to engage in rape and kidnappings during the year. The UN Group of Experts noted the role of Houthi rebels, the SBF, and 35th Armored Brigade personnel (over whom the ROYG exercised minimal control) in perpetrating rape and other forms of sexual violence against women and girls (see section 1.g., Physical Abuse, Punishment, and Torture).

There were no reliable rape prosecution statistics, and the number of rape cases was unknown. By law authorities can prosecute rape victims on charges of fornication if authorities do not charge a perpetrator. According to law, without the perpetrator’s confession, the rape survivor must provide four male witnesses to the crime.

There were few publicly reported cases of rape during the year. The UN Group of Experts verified five women were either raped, sexually assaulted, or had direct assault on genitalia while detained at the Houthi-run PSO, the NSB, or other facilities in Sana’a and Ibb.

The law states that authorities should execute a man if convicted of killing a woman. The penal code, however, allows leniency for persons guilty of committing an “honor” killing or violently assaulting or killing a woman for perceived “immodest” or “defiant” behavior. The law does not address other types of gender-based abuse, such as forced isolation, imprisonment, and early and forced marriage.

The law provides women with protection against domestic violence, except spousal rape, under the general rubric of protecting persons against violence, but authorities did not enforce this provision effectively. Victims rarely reported domestic abuse to police and criminal proceedings in cases of domestic abuse were rare.

Female Genital Mutilation/Cutting (FGM/C): The law does not prohibit FGM/C, although a 2001 ministerial directive banned the practice in government institutions and medical facilities, according to HRW. There was no data for the year on its prevalence; however, data from media and UN reporting in 2015 suggests the rate was approximately 15 to 20 percent.

Sexual Harassment: No laws specifically prohibit sexual harassment, although the penal code criminalizes “shameful” or “immoral” acts. Authorities, however, rarely enforced the law. Sexual harassment was a major problem for women.

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

Discrimination: Women faced deeply entrenched discrimination in both law and practice in all aspects of their lives. Mechanisms to enforce equal protection were weak, and the government could not implement them effectively.

Women cannot marry without permission of their male guardians, do not have equal rights in inheritance, divorce, or child custody, and have little legal protection. They experienced discrimination in areas such as employment, credit, pay, owning or managing businesses, education, and housing (see section 7.d.). An estimated 2015 female literacy rate of 55 percent, compared with 85 percent for men, accentuated this discrimination.

A male relative’s consent was often required before a woman could be admitted to a hospital, creating significant problems in a humanitarian context in which the men of the household were absent or dead.

Women also faced unequal treatment in courts, where the testimony of a woman equals half that of a man’s.

The UN Group of Experts reported 40 cases of women human rights defenders, journalists, and activists facing “gender-based persecution” during the year, which included threats from all sides of the conflict.

A husband may divorce a wife without justifying the action in court. In the formal legal system, a woman must provide justification.

Any citizen who wishes to marry a foreigner must obtain the permission of the Ministry of Interior (see section 1.f.). A woman wishing to marry a foreigner must present proof of her parents’ approval. A foreign woman who wishes to marry a male citizen must prove to the ministry that she is “of good conduct and behavior.”

Women experienced economic discrimination (see section 7.d.).

Birth Registration: Citizenship derives from a child’s parents. A child of a Yemeni father is a citizen. Yemeni women may confer citizenship on children born of a foreign-born father if the child is born in the country. If the child is not born in the country, in rare cases the Ministry of Interior may permit a woman to transmit citizenship to the child if the father dies or abandons the child.

There is no universal birth registration, and many parents, especially in rural areas, never registered children or registered them several years after birth. The requirement that children have birth certificates to register for school was not universally enforced, and there were no reports of authorities denying educational or health-care services and benefits to children based on lack of registration.

Education: The law provides for universal, compulsory, and tuition-free education from ages six to 15. Public schooling was free to children through the secondary school level, but many children, especially girls, did not have easy access. For school attendance statistics, see the 2018 Humanitarian Situation Report from UNICEF.

UNICEF and other agencies reported an estimated two million children have dropped out of school since 2015. Meanwhile, in 2018 almost three quarters of public school teachers had not been paid their salaries in more than a year, putting the education of an additional 4.5 million children at grave risk.

Child Abuse: The law does not define or prohibit child abuse, and there was no reliable data on its extent. Authorities considered violence against children a family affair.

Early and Forced Marriage: Early and forced marriage was a significant, widespread problem. The conflict likely exacerbated the situation, and the United Nations reported forced marriage and child marriage for financial reasons due to economic insecurity continued to be a systemic problem during the year. There is no minimum age for marriage, and girls reportedly married as young as eight years of age.

Sexual Exploitation of Children: The law does not define statutory rape and does not impose an age limit for consensual sex. The law prohibits pornography, including child pornography, although there was no information available on whether the legal prohibitions were comprehensive. The law criminalizes the prostitution of children. Amnesty International reported children as young as eight were raped in the city of Taiz during the year. It also reported four cases of sexual violence against children reportedly by militiamen aligned with a political party.

Child Soldiers: See section 1.g., Child Soldiers.

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.

Approximately 50 Jews remained in the country. According to media reports, most lived in a compound in Sana’a after the Israeli Jewish Agency succeeded in transporting 19 Jews to Israel in 2016. The continuing conflict further weakened law enforcement and targeted discrimination by the Houthi authorities put the Jewish community at risk. Many fled the country as a result.

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

In the past anti-Semitic material was less prevalent than during the year. Media coverage of the country’s Jewish population was more positive. The Houthi movement, however, adopted anti-Semitic slogans, including “death to Israel, a curse on the Jews,” and anti-Israeli rhetoric often blurred into anti-Semitic propaganda. Houthis continued to propagate such materials and slogans throughout the year, including adding anti-Israeli slogans and extremist rhetoric into elementary education curriculum and books.

Members of the Jewish community are not eligible to serve in the military or national government. Authorities forbid them from carrying the ceremonial Yemeni dagger.

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

Several laws mandate the rights and care of persons with disabilities, but the government did not effectively enforce them. The law permits persons with disabilities to exercise the same rights as persons without disabilities, but this did not happen in practice. Social stigma and official indifference were obstacles to implementation.

Children with disabilities may attend public schools, although schools made no special accommodations for them.

Although the law mandates that new buildings have access for persons with disabilities, compliance was poor.

Information about patterns of abuse of persons with disabilities in educational and mental health institutions was not publicly available.

The Ministry of Social Affairs and Labor is responsible for protecting the rights of persons with disabilities. The ROYG could not continue collaboration with the World Bank to administer a social development fund; the ministry was also unable to oversee the Fund for the Care and Rehabilitation of the Disabled, which provided limited basic services and supported more than 60 NGOs assisting persons with disabilities.

Although racial discrimination is illegal, some groups, such as the Muhamasheen (marginalized) or Akhdam community, and the Muwaladeen (Yemenis born to foreign parents), faced social and institutional discrimination based on race, ethnicity, and social status. The Muhamasheen, who traditionally provided low-prestige services such as street sweeping, generally lived in poverty and endured persistent societal discrimination. Muhamasheen women were particularly vulnerable to rape and other abuse because of the general impunity for attackers due to the women’s low-caste status. The UN Group of Experts reported the Muhamasheen continued to be targets of extreme sexual violence. There were reports of chattel slavery of the Muhamasheen (see section 7.b.).

The penal code criminalizes consensual same-sex sexual conduct, with the death penalty as a sanction under the country’s interpretation of Islamic law. There have been no known executions of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in more than a decade.

The government did not consider violence or discrimination against LGBTI persons “relevant” for official reporting.

Due to the illegality of and possible severe punishment for consensual same-sex sexual conduct, few LGBTI persons were open about their sexual orientation or gender identity. Individuals known or suspected of being LGBTI faced discrimination.

There were no LGBTI organizations. The government blocked access to internet sites containing LGBTI-related content.

While there were no reports of social violence against persons with HIV/AIDS, the topic was socially sensitive and infrequently discussed. Discrimination against persons with HIV/AIDS is a criminal offense, and information was not available on whether there were reports of incidents of discrimination occurring during the year.

Government enforcement of labor law was weak to nonexistent due to the continuing conflict. Labor laws were still in effect, but Houthis controlled the ministries responsible for their implementation.

a. Freedom of Association and the Right to Collective Bargaining

The labor code provides for the right of salaried private-sector employees to join unions and bargain collectively. These protections do not apply to public servants, day laborers, domestic servants, foreign workers, and other groups who together made up the majority of the work force. The civil service code covers public servants. The law generally prohibits antiunion discrimination, including prohibiting dismissal for union activities.

While unions may negotiate wage settlements for their members and may conduct strikes or other actions to achieve their demands, workers have the right to strike only if prior attempts at negotiation and arbitration fail. They must give advance notice to the employer and government and receive prior written approval from the executive office of the General Federation of Yemen Workers’ Trade Unions (GFYWTU). Strikes may not be carried out for “political purposes.” The proposal to strike must be put to at least 60 percent of all workers concerned, of whom 25 percent must vote in favor for a strike to be conducted.

The government did not enforce laws on freedom of association and the right to collective bargaining.

While not formally affiliated with the government, the GFYWTU was the only official federation and worked with the government to resolve labor disputes. In practical terms, a union’s ability to strike depended on its political strength. Under the transitional government, authorities often accused unions and associations of being linked to a political party.

The penal code prescribes up to 10 years’ imprisonment for any person who “buys, sells, gives [a human being] as a present, or deals in human beings.” This statute’s narrow focus on transactions and movement means the law does not criminalize many forms of forced labor.

The ROYG did not effectively enforce the law due to the continuing conflict and lack of resources.

Although information was limited, in the past there were numerous reports of forced labor in both urban and rural areas. Some sources reported the practice of chattel slavery in which human beings were traded as property continued. No official statistics existed detailing this practice. Sources reported there could be several hundred other men, women, and children sold or inherited as slaves in the al-Hudaydah and al-Mahwit governorates. In some instances employers forced children into domestic servitude and agricultural work (see section 7.c.) and women into domestic servitude or prostitution.

Migrant workers and refugees were vulnerable to forced labor. For example, some Ethiopians, Eritreans, and Somalis were forced to work on khat farms (khat is a flowering plant that contains stimulants); some women and children among this population may also have been exploited in domestic servitude.

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

The law prohibits child labor, but the government did not implement its regulations effectively. The Combating Child Labor Unit within the Ministry of Social Affairs and Labor was responsible for implementing and enforcing child labor laws and regulations.

The country’s minimum employment age is 14 or not lower than the age of completion of compulsory education, which is generally 15.

Children younger than 18 with formal contracts may work no longer than six hours a day, with a one-hour break after four consecutive hours, on weekdays between 7 a.m. and 7 p.m.

Child labor was common, including its worst forms. According to a 2013 International Labor Organization study, the latest available such data, more than 1.3 million children participated in the workforce.

In rural areas family poverty and traditional practice led many children to work in subsistence farming. In urban areas children worked in stores and workshops, sold goods, and begged on the streets. Children also worked in some industries and construction. Continued weak economic conditions forced hundreds of children to seek work in the hazardous fishery, construction, and mining sectors. Children also reportedly worked in dangerous conditions in waste dumps. According to HRW, nearly one-third of all combatants in the country were younger than 18 years of age (see section 1.g., Child Soldiers).

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

The labor law does not address employment discrimination on the basis of sexual orientation, political opinion, national origin, social origin, gender identity, HIV status, or other communicable diseases. Discrimination based on race, gender, and disability remained a serious problem in employment and occupation. The law reserves 5 percent of government jobs for persons with disabilities and mandates the acceptance of persons with disabilities in universities, exempts them from paying tuition, and requires schools be accessible to persons with disabilities. The extent to which any authority implemented these laws was unclear.

Racial and employment discrimination against the Muhamasheen were problems. Persons with disabilities faced discrimination in hiring and limited access to the workplace (see section 6). Foreign workers may join unions but may not be elected to office. Women were almost absent from the formal labor market, with a labor force participation rate as low as 6 percent.

There was no established minimum wage in the private sector. The minimum civil service wage was more than the estimated poverty income level; however, civil servant salaries have not been paid consistently for several years, and most were too low to provide for a large family.

The law specifies a maximum 48-hour workweek with a maximum eight-hour workday, although many workshops and stores operated 10- to 12-hour shifts without penalty. The 35-hour workweek for government employees was nominally seven hours per day from Sunday through Thursday. The law requires overtime pay and paid holidays and leave and prohibits excessive or compulsory overtime.

The law prescribes occupational safety and health standards. It states every employer must provide industry-appropriate safe and healthy conditions for workers. The law recognizes the right of workers to remove themselves from dangerous work situations, and workers may challenge dismissals based on such actions in court. The safety law does not apply to domestic servants, casual workers, or agricultural workers.

Government enforcement of labor law was weak to nonexistent; penalties, if enforced, were insufficient to deter violations. Working conditions generally were poor, and wage and overtime violations were common. Foreign migrant workers, youth, and female workers typically faced the most exploitative working conditions. Working conditions were poor in the informal sector, which included an estimated 89 percent of the workforce. There was no credible information available regarding work-related accidents or fatalities during the year.

Rape and Domestic Violence: The law criminalizes rape and other sexual offenses, and courts have discretion to sentence convicted rapists to life imprisonment with hard labor.

The Anti-Gender-Based Violence Act does not have provisions for spousal rape. The penal code criminalizes domestic violence between spouses and among family members living in the same home. The law provides for prosecution of most crimes of gender-based violence, and penalties for conviction range from a fine to 25 years’ imprisonment, depending on the severity of injury and whether a weapon was used. The law provides for protection orders for victims of domestic and gender-based violence, and such orders were issued and enforced. Despite this legal framework, rape remained widespread. Although the law criminalizes rape and domestic violence, the government did not always consistently enforce the law.

To address the problem of gender-based violence, the government engaged traditional marriage counselors on gender-based violence and women’s rights in collaboration with NGOs. The Young Women’s Christian Association (YWCA) also continued its “good husband” campaign and, in collaboration with other women’s movements, the “I Care about Her” campaign to promote respect for women and to end spousal abuse. The government and YWCA worked to address these problems through community sensitizations, shelters, toll-free lines, and one-stop centers where victims accessed counseling and legal support services. The Victim Support Unit under the police, staffed with trained personnel, supplemented these efforts. Other efforts to combat and reduce gender-based violence included curriculum development for training of police officers, roadshows to sensitize the public to gender-based violence, and instruction on how to file complaints and present evidence against perpetrators.

A gender-based violence information management system in the government Central Statistics Office strengthened monitoring and reporting of cases of gender-based violence. The system, which allows for effective and comprehensive reporting of gender-based violence and improved support, including legal services, social, economic, and overall national planning, led to an increased number of reported cases.

Human rights-focused NGOs observed that the country’s dual system of customary and statutory law made it difficult to combat and deter injustices against women.

Female Genital Mutilation/Cutting (FGM/C): Although the law prohibits FGM/C for women and girls, FGM/C was common. Human rights-focused NGOs reported that the practice of pulling of the labia, a type of FGM/C intended to elongate the labia, is widely practiced. There were, however, indications the incidence rate was declining, especially in urban areas.

Sexual Harassment: Sexual harassment was common, but the government took few steps to prosecute harassment during the year. Although the penal code contains provisions under which some forms of sexual harassment of women may be prosecuted, the provisions are inadequate to protect women effectively from sexual harassment. The Non-Governmental Coordinating Council received many reports of sexual harassment in the workplace but noted stringent evidence requirements often prevented victims from filing charges against their harassers. Family pressure on victims to withdraw complaints–especially when perpetrators were also family members–also hampered prosecution.

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

Discrimination: In contrast to customary law, the constitution and other laws provide for the same legal status and rights for women as for men, including under family, labor, property, and nationality laws. The government did not adequately enforce the law, and women experienced discrimination. For example, customary land tenure and patriarchal systems discriminate against women seeking to own land. This situation restricts women’s access to credit as they lack collateral, which land ownership provides.

Birth Registration: Citizenship is derived from one’s parents or, with the exception of refugees, by birth within the country’s territory. Birth registration was neither denied nor provided on a discriminatory basis. Failure to register births did not result in the denial of public services, such as education or health care, to children, and there were no differences in birth registration policies and procedures between girls and boys. Both state and nonstate institutions accepted alternative documents to access other basic services. For additional information, see Appendix C.

Education: Although the Education Act and education policy provides for free and compulsory education for children of “school-going age,” the act neither sets a specific age nor defines what is meant by “school-going age.” This may leave children particularly vulnerable to child labor (see section 7.b.). The numbers of girls and boys in primary school were approximately equal, but fewer girls attended secondary school. According to UNICEF, girls tended to leave school at younger ages than did boys because of early marriage or unplanned pregnancies.

Child Abuse: The punishment for conviction of causing bodily harm to a child is five to 10 years’ imprisonment, and the law was generally enforced. Beyond efforts to eliminate child marriage, there were no specific initiatives to combat child abuse.

Early and Forced Marriage: The legal age of marriage is 16 for boys and girls with parental consent and 21 without consent. There is no minimum age under customary law. In 2017 according to UNICEF, 31 percent of girls were married by age 18 and 6 percent by age 15. UNICEF reported child marriage was largely between peers, rather than forced. According to the YWCA and other NGOs, however, early and forced marriages were prevalent, particularly in rural areas. The government adopted a multisectoral approach to stop child marriage, which included keeping children in school, creating re-entry policies for girls who become pregnant, and strengthening the role of health centers for sexual reproductive health. These efforts were articulated by the national strategy to end child marriages launched in 2017. Other efforts by the government and other nonstate actors included community sensitization and withdrawing children from child marriages, supported by several traditional leaders.

The government, parliamentarians, civil society organizations, and donors worked together to fight early and forced marriages. The Ministries of Chiefs and Traditional Affairs; Gender; and Youth, Sport, and Child Development, in collaboration with traditional leaders, NGOs, diplomatic missions, and other concerned persons, increasingly spoke out against early and forced marriages. Some leaders nullified forced and early marriages and placed the girls removed from such marriages in school. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sexual relations is 16. The law provides penalties of up to life imprisonment for conviction of statutory rape or defilement, which the law defines as the unlawful carnal knowledge of a child younger than age 16. The minimum penalty for a conviction of defilement is 15 years’ imprisonment.

The law criminalizes child prostitution and child pornography and provides for penalties of up to life imprisonment for convicted perpetrators. The law provides for prosecution and referral to counseling or community service of child prostitutes age 12 years and older, but authorities did not enforce the law, and child prostitution was common. According to UNICEF, transactional sexual exploitation of young girls–that is, sex in exchange for food, clothes, or money among extremely vulnerable girls–was prevalent.

Displaced Children: UNICEF reported that of the 10,592 refugees registered at the Mantapala resettlement in Luapula Province, 6,250 were younger than age 18. According to UNHCR and UNICEF, as of April there were 1,001 unaccompanied and separated children among registered Congolese refugees, and the government provided them with appropriate 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.

There were fewer than 500 persons in the Jewish community, 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 discrimination against persons with physical, sensory, intellectual, or mental disabilities in employment, education, transportation, access to health care, and the provision of other government services. The enactment of the Mental Health Act in April updated the legal framework by repealing the antiquated Mental Disorders Act, establishing the Mental Health Council, and giving effect to certain provisions of the UN Convention on the Rights of Persons with Disabilities and other regional and international instruments.

Despite this progressive step, the Zambia Agency for Persons with Disabilities (ZAPD) reported the government did not consistently enforce its law due to insufficient funding for disability programs. ZAPD reported the police and other government institutions did help prevent violence against persons with disabilities by investigating allegations of violence. For example, in late 2018 authorities arrested, convicted, and imprisoned a man reportedly for raping a disabled girl in Kawambwa.

The Ministry of Community Development and Social Services oversees the government’s implementation of policies that address general and specific needs of persons with disabilities in education, health care, accessibility to physical infrastructure, and electoral participation.

A lack of consolidated data was a major impediment to the inclusion of persons with disabilities in government programming and policy. Persons with disabilities had limited access to education and correspondingly low literacy levels. While the government did not restrict persons with physical or mental disabilities from voting or otherwise participating in most civic affairs, progress in providing for their participation remained slow. Persons with disabilities also faced significant societal discrimination in employment and education.

By law the government must provide reasonable accommodation for all persons with disabilities seeking education and provide that “any physical facility at any public educational institution is accessible.” Public buildings, including schools, prisons, and hospitals, rarely had facilities to accommodate disabled persons. Five schools were designated for children with disabilities. Some children with physical disabilities attended mainstream schools, but long distances to school restricted others from accessing education. According to ZAPD, there were three types of education systems accessible to children with disabilities: segregated education (special schools), integrated education (special units), and inclusive education. The majority of children with disabilities attended special schools, while the rest attended special units. There were 150 schools practicing inclusive education in selected provinces during the year. The government also developed and promoted employment recruitment strategies for disabled persons seeking to enter the civil service and provided university study grants to disabled students.

There are seven major ethnic and language groups–Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and Tonga–and 66 smaller ethnic groups, many of which are related to the larger tribes. The government generally permitted autonomy for ethnic minorities and encouraged the practice of local customary law. Some political parties maintained political and historical connections to tribal groups and promoted their interests. Trends towards regionalism and tribalism that marred the 2016 general election contributed to divisions among tribal groups.

The government grants special recognition to traditional leaders nationwide. It does not recognize the 1964 Barotseland Agreement that granted the Lozi political autonomy and was signed by the United Kingdom, Northern Rhodesia, and the Barotse Royal Establishment immediately prior to the country’s independence. Some Lozi groups continued to demand official recognition of the Barotseland Agreement, while others pushed for independence from the rest of the country.

The law criminalizes consensual same-sex sexual activity, and penalties for conviction of engaging in “acts against the order of nature” are 15 years’ to life imprisonment. Conviction of the lesser charge of gross indecency carries penalties of up to 14 years’ imprisonment. During the Universal Periodic Review held in 2017 in Geneva, the government rejected calls to recognize and protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. On September 26, while attending the 74th Session of the UN General Assembly in New York, President Lungu reiterated that LGBTI rights “cannot be replicated in Zambia because they are a taboo” to local culture. The government enforced laws against same-sex sexual activity and did not address societal discrimination against LGBTI persons. By year’s end, four individuals were serving time in prison for reasons related to their sexual orientation, up from three at the end of 2018. This included two individuals convicted of same-sex sexual conduct by the Kapiri Mposhi Magistrates Court in August 2018. On November 27, the Lusaka High Court upheld their conviction and imposed the 15-year minimum sentence.

Societal violence against persons based on gender, sex, and sexual orientation occurred. LGBTI persons in particular were at risk of societal violence due to prevailing prejudices, misperceptions of the law, lack of legal protections, and inability to access health-care services. Most politicians, media figures, and religious leaders expressed opposition to basic protection and rights for LGBTI persons in arguing against same-sex marriage.

According to LGBTI advocacy groups, societal violence against LGBTI persons occurred, as did discrimination in employment, housing, and access to education and health care. LGBTI groups reported frequent harassment of LGBTI persons and their families, including threats via text message and email, vandalism, stalking, and outright violence. Freedom of expression or peaceful assembly on LGBTI issues remained nonexistent. For example, on February 4, the national broadcasting regulator IBA ordered Multi-Choice Zambia to suspend transmission of a reality show entitled Lusaka Hustle. Earlier, Minister of National Guidance and Religious Affairs Godfridah Sumaili advised Multi-Choice Zambia to discontinue the show on the premise that “it promotes homosexuality,” as one of the show’s primary hosts in the minister’s view displayed characteristics typically associated with the LGBTI community. After a one-week hiatus, the IBA board determined that subsequent episodes did not violate any law and reinstated the show.

The government actively discouraged discrimination against persons with HIV/AIDS. Most employers adopted nondiscriminatory HIV/AIDS workplace policies. Training of the public sector, including the judiciary, on the rights of persons with HIV/AIDS increased public awareness and acceptance, but societal and employment discrimination against such individuals persisted. The government made some headway in changing entrenched attitudes of discrimination against persons with HIV/AIDS. In 2016 the country’s first openly HIV-positive person was elected to parliament.

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, conduct legal strikes, and bargain collectively. Statutory restrictions regulate these rights; the government has discretionary power to exclude certain categories of workers from unionizing, including prison staff, judges, court registrars, magistrates, and local court justices. The law also requires the registration of a trade union with the Ministry of Labor and Social Security, which may take up to six months. The ministry has the power to refuse official registration on arbitrary or ambiguous grounds.

No organization may be registered as a trade union unless its application to register is signed by not fewer than 50 supporters or such lesser number as may be prescribed by the minister of labor and social security, and, with some exceptions, no trade union may be registered if it claims to represent a class of employees already represented by an existing trade union. Unions may be deregistered under certain circumstances, but the law provides for notice, reconsideration, and right of appeal to an industrial relations court. During the year no trade union was deregistered or faced excessive restriction on registration.

The government, through the Ministry of Labor and Social Security, brokers labor disputes between employers and employees. The law provides the right of employees not to be prevented, dismissed, penalized, victimized, or discriminated against or deterred from exercising their rights conferred on them under the law, and it provides remedies for dismissals for union activities. Casualization and unjustifiable termination of employment contracts is illegal; the law defines a casual employee as an employee whose terms of employment contract provide for his or her payment at the end of each day and is engaged for a period of not more than six months. The law was not enforced effectively.

In cases involving the unjustified dismissal of employees, the ministry settles disputes through social dialogue, and any unresolved cases are sent to the Industrial Relations Court. Penalties are not sufficient to deter violations. The law also provides a platform for employers, workers, and government to dialogue on matters of mutual interest through the Tripartite Consultative Labor Council.

The law provides for collective bargaining. In certain cases, however, either party may refer a labor dispute to a court or for arbitration; the International Labor Organization (ILO) raised concerns the law did not require the consent of both parties involved in the dispute for arbitration. The law also allows for a maximum period of one year for a court to consider the complaint and issue its ruling. Collective agreements must be filed with the commissioner and approved by the minister before becoming binding on the signatory parties.

With the exception of workers engaged in a broadly defined range of essential services, the law provides for the right to strike if recourse to all legal options is first exhausted. The law defines essential services as any activity relating to the generation, supply, or distribution of electricity; the supply and distribution of water and sewage removal; fire departments; and the mining sector. Employees in the defense force and judiciary as well as police, prison, and ZSIS personnel are also considered essential. The process of exhausting the legal alternatives to a strike is lengthy. The law also requires a union to notify employers 10 days in advance of strike action and limits the maximum duration of a strike to 14 days. If the dispute remains unresolved, it is referred to the court. The government may stop a strike if the court finds it is not “in the public interest.” Workers who engage in illegal strikes may be dismissed by employers. An employee or trade union that takes part in a strike not authorized by a valid strike ballot is liable to a fine of up to 50,000 kwacha ($4,250) for a trade union or 20,000 kwacha ($1,700) for an employee.

The law prohibits antiunion discrimination and employer interference in union functions, and it provides for reinstatement and other remedies for workers fired for union activity. Except for workers in “essential services” and those in the above-mentioned categories, no other groups of workers are excluded from relevant legal protections. Administrative judicial procedures were subject to lengthy delays and appeals.

Government enforcement of laws providing for freedom of association and collective bargaining was not effective. Penalties for employers were not sufficient and could not be effectively enforced to deter violations. Other challenges that constrained effective enforcement included unaligned pieces of legislation, lack of financial capacity to implement programs, and lack of trained officers to enforce legislation.

Freedom of association and the right to collective bargaining were not always respected. Unions suffered from political interference and fracturing and were no longer seen as influential. Most unions chose to strike illegally, either to circumvent lengthy procedural requirements for approval or when other legal avenues were exhausted. Antiunion discrimination and retirements in national interest persisted during the year. For example, antiunion tendencies were prevalent among multinational companies and local employers, particularly in the agricultural, mining, and transport sectors. Disputes arising from such actions were often settled by workers’ representatives and employers, with the government acting as an arbiter. NGOs advocated for worker rights throughout the year without government restriction.

The law prohibits all forms of forced or compulsory labor. The law authorizes the government to call upon citizens to perform labor in specific instances, such as during national emergencies or disasters. The government also may require citizens to perform labor associated with traditional, civil, or communal obligations.

A new employment code passed in April criminalizes all forms of forced or compulsory labor. Penalties for violations range from a fine to a term of imprisonment not exceeding two years or both. Although penalties are sufficient to deter violations, the government did not effectively enforce the law.

While the government investigated cases involving a small number of victims, it did not investigate more-organized trafficking operations potentially involving forced labor in the mining, construction, and agricultural sectors. There were no reported prosecutions during the year.

Gangs of illegal miners called “jerabos” at times forced children into illegal mining and loading stolen copper ore onto trucks in Copperbelt Province. Women and children from rural areas continued to be exploited in urban domestic servitude and subjected to forced labor in the agricultural, textile, mining, and construction sectors, and other small businesses. While orphans and street children were the most vulnerable, children sent to live in urban areas were also vulnerable to forced labor.

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

The law prohibits all of the worst forms of child labor, but gaps hamper adequate protection of children. The law prohibits the employment of children younger than age 15 at any commercial, agricultural, or domestic worksite or engaging a child in the worst forms of child labor. The new employment code consolidates all child-related labor laws into a single legislation to provide clear regulations on the employment and education of children. Restrictions on child labor prohibit work that harms a child’s health and development or that prevents a child’s attendance at school; government regulations list 31 types of hazardous work prohibited to children and young persons. The law also prohibits the procurement or offering of a child for illicit activities. Although penalties are sufficient to deter violations, the government did not effectively enforce the law.

According to the ILO, child labor was prevalent, and the government did not effectively enforce the law outside of the industrial sector. Resources, inspections, and remediation were inadequate. Secondary education is not compulsory, and children who are not enrolled are vulnerable to child labor.

While the labor commissioner effectively enforced minimum age requirements in the industrial sector, where there was little demand for child labor, the government seldom enforced minimum age standards in the informal sector, particularly in artisanal mining, agriculture, and domestic service. Although the government reported it had a National Child Labor Steering Committee, which oversaw child labor activities and was composed of government ministries, the Zambian Federation for Employers, the Zambia Congress for Trade Unions, civil society, and other stakeholders, the committee was not active during the year. The government collaborated with local and international organizations to implement programs combatting child labor. Because most child labor occurred in the agricultural sector, often on family farms or with the consent of families, inspectors from the Ministry of Labor and Social Security focused on counseling and educating families that employed children. In some cases such work also exposed children to hazardous conditions. Authorities did not refer any cases of child labor for prosecution during the year. Due to the scarcity of transportation, labor inspectors frequently found it difficult to conduct inspections in rural areas.

Child labor was a problem in agriculture, fisheries, domestic service, construction, farming, commercial sexual exploitation (see section 6, Children), quarrying, mining, and other sectors where children younger than age 15 often were employed. According to UNICEF, there was a high prevalence of child labor, mostly in domestic and agricultural sectors and mainly in rural areas. UNICEF noted discrepancies between the right to education and child labor laws in the country.

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 .

The new employment code prohibits employment discrimination on several basis (for example, sex, disability) but does not specifically prohibit such discrimination based on sexual orientation or gender identity. Some NGOs warned the new law was likely to have a negative impact on women as potential employers would see hiring them as a financial risk, since the increased maternity leave allowance provides for up to 14 weeks with full pay. Various organizations had policies that protected individuals with HIV/AIDS. Although the new employment code provides for maternity leave, it requires a worker be continuously employed for two years before being eligible for such leave. The law prohibits termination or imposition of any other penalty or disadvantage to an employee due to pregnancy.

The government did not consistently enforce the law. There were reports of discrimination against minority groups. Undocumented migrant workers are not protected by the law and faced discrimination in wages and working conditions.

Discrimination in employment and occupation occurred with respect to disability, sexual orientation, and gender identity. LGBTI persons were at times dismissed from employment or not hired because of their sexual orientation or gender identity. Women’s wages lagged behind men’s, and training opportunities were less available for women. Women were much less likely to occupy managerial positions. Persons with disabilities faced significant societal discrimination in employment and education.

The law allows the Ministry of Labor and Social Security authority to set wages by sector; the category of employment determines the minimum wage and conditions of employment. The minimum wage categories, last revised in 2018, at the low end were slightly above World Bank poverty estimates for a lower-middle income country but lower than the Basic Needs Basket. The new employment code also provides sufficient penalties to deter violations, and the government made strides to improve enforcement. Nevertheless, compliance with the law remained a problem, the ILO reported.

Wage laws were not always effectively enforced, but the law prescribes penalties for violations of labor laws that are sufficient to deter violations. Every employer negotiates with employees their standard minimum wage. For unionized workers, wage scales and maximum workweek hours were established through collective bargaining. Almost all unionized workers received salaries considerably higher than the nonunionized minimum wage.

According to the law, the normal workweek should not exceed 48 hours. The standard workweek is 40 hours for office workers and 45 hours for factory workers. There are limits on excessive compulsory overtime, depending on the category of work. The law provides for overtime pay. Employers must pay employees who work more than 48 hours in one week (45 hours in some categories) for overtime hours at a rate of 1.5 times the hourly rate. Workers receive double the rate of their hourly pay for work done on a Sunday or public holiday. The law requires that workers earn two days of annual leave per month without limit.

The law regulates minimum occupational safety and health standards in industry. Both the Workers Compensation Fund Control Board (WCFCB) and the Ministry of Labor and Social Security stated that government occupational safety and health (OSH) standards were appropriate for the main industries. The law places on both workers and experts the duty to identify unsafe situations in a work environment. During the year the WCFCB conducted safety inspections in more than 102 employer sites and recorded 100 violations in OSH standards, mostly in the mining, construction, and agriculture sectors. These inspections generally showed a lack of compliance with procedures, nonprovision of personal protective equipment, and lack of pre- and postemployment medical examinations. According to the WCFCB, a risk assessment on dangerous work activities and pre-employment medical examinations of new employees–especially in Chinese-run mining operations–was nonexistent. The number of labor inspectors, moreover, was likely insufficient to enforce labor laws, including those covering children.

The work hour law and the safety and health standards were not effectively enforced in all sectors, including in the informal sector. Workers at some mines faced poor health and safety conditions and threats by managers if they tried to assert their rights. Miners developed serious lung disease, such as silicosis, due to poor ventilation and constant exposure to dust and chemicals.

The government engaged with mining companies and took some steps to improve working conditions in the mines. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Despite these legal protections, workers generally did not exercise the right to remove themselves from work situations that endangered their safety or health, and workers who protested working conditions often jeopardized their employment.

Violations of wage, overtime, or OSH standards were most common in the construction and mining sectors–particularly in Chinese-owned companies–and among domestic workers. Major industrial accidents during the year occurred in the mining, transport, agriculture, and commercial sectors. According to Zambia Central Statistical Office data published in June, approximately 31.6 percent of the labor force was employed in the formal sector, and approximately 68.4 percent was informally employed. The National Pension Scheme Authority implemented a program that extended social security to workers in the informal sector in five priority sectors: domestic workers, bus and taxi drivers, saw millers, marketers and traders, and small-scale farmers in the first phase of the project.

According to the WCFCB, the highest number of accidents occurred in the construction, agriculture, and mining sectors. The WCFCB reported that 36 of 392 accidents recorded during the year were fatal. Fatal industrial accidents included three workers who died on February 7 in an underground mine accident at Mopani Copper Mine (MCM) in Mufulira. The miners reportedly died of suffocation after inhaling smoke from a mine loader that caught fire after refueling. Preliminary investigations revealed the mine lacked safety features for miners operating underground. Two workers also died in another MCM accident on March 19, prompting the company to temporarily suspend production and investigate.

Rape and Domestic Violence: While the law criminalizes sexual offenses, including rape and spousal rape, these crimes remained widespread. Almost a quarter of married women who had experienced domestic violence reported sexual violence, while approximately 8 percent reported both physical and sexual violence.

Although conviction of sexual offenses is punishable by lengthy prison sentences, women’s organizations stated that sentences were inconsistent. Rape victims were not consistently afforded protection in court.

Social stigma and societal perceptions that rape was a “fact of life” continued to inhibit reporting of rape. In the case of spousal rape, reporting was even lower due to women’s fear of losing economic support or of reprisal, lack of awareness that spousal rape is a crime, police reluctance to be involved in domestic disputes, and bureaucratic hurdles. Most rural citizens were unfamiliar with laws against domestic violence and sexual offenses. A lack of adequate and widespread services for rape victims also discouraged reporting.

According to an NGO, there were reports of rape used as a political weapon during the year. In the weeks following the January 14-16 demonstrations, 15 women living in Harare’s high-density suburbs and one woman in Hwange reported being raped by security force members or by other persons following security forces’ instructions. One woman reported being sexually assaulted by security forces who forced her to perform oral sex on an armed soldier.

Female political leaders were targeted physically or through threats and intimidation.

Children born from rape suffered stigmatization and marginalization. The mothers of children resulting from rape sometimes were reluctant to register the births, and therefore such children did not have access to social services.

The adult rape clinics in public hospitals in Harare and Mutare were run by NGOs and did not receive a significant amount of financial support from the Ministry of Health and Child Care. The clinics received referrals from police and NGOs. They administered HIV tests and provided medication for HIV and other sexually transmitted diseases. Although police referred for prosecution the majority of reported rapes of women and men who received services from the rape centers, very few individuals were prosecuted.

Despite the enactment of the Domestic Violence Act in 2006, domestic violence remained a serious problem, especially intimate partner violence perpetrated by men against women. Although conviction of domestic violence is punishable by a fine and a maximum sentence of 10 years’ imprisonment, authorities generally considered it a private matter, and prosecution was rare.

Members of the joint government-NGO Anti-Domestic Violence Council actively raised domestic violence awareness. NGOs, however, reported the council was not involved in much of their programmatic work.

The government continued a public awareness campaign against domestic violence. Several women’s rights groups worked with law enforcement agencies and provided training and literature on domestic violence as well as shelters and counseling for women. According to NGOs, most urban police stations had trained officers to deal with victims of domestic violence, but stations had a limited ability to respond on evenings and weekends. The law requires victims of any form of violence to produce a police report to receive treatment without cost at government health facilities. This requirement prevented many rape victims from receiving necessary medical treatment, including postexposure prophylaxis to prevent victims from contracting HIV.

Other Harmful Traditional Practices: Virginity testing, although reportedly decreasing, continued to occur in some regions during the year.

Sexual Harassment: No specific law criminalizes sexual harassment, but labor law prohibits the practice in the workplace. Media reported that sexual harassment was prevalent in universities, workplaces, and parliament, where legislators routinely and publicly body shamed, name called, and booed female members of parliament. The Ministry of Women Affairs, Gender, and Community Development acknowledged that lack of sexual harassment policies at higher education institutions was a major cause for concern. This acknowledgement came after a student advocacy group, the Female Students Network Trust, revealed incidents of gender-based violence and sexual harassment of students in a 2017 survey. Female college students reported they routinely encountered unwanted physical contact from male students, lecturers, and nonacademic staff, ranging from touching and inappropriate remarks to rape. Of the students interviewed, 94 percent indicated they had experienced sexual harassment in general, 74 percent indicated they had experienced sexual harassment by male university staff, and 16 percent reported they were raped by lecturers or other staff.

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

Discrimination: The constitution provides for the same legal status and rights for women as for men. The constitution’s bill of rights, in the section on the rights of women, states that all “laws, customs, traditions, and practices that infringe the rights of women conferred by this constitution are void to the extent of the infringement.” There is also an institutional framework to address women’s rights and gender equality through the Ministry of Women Affairs, Gender, and Community Development and the Gender Commission, one of the independent commissions established under the constitution. Despite the appointment of commissioners in 2015, the commission received only minimal funding from the government and lacked sufficient independence from the ministry.

The commission, together with Oxfam, conducted an observation mission of the gender effects of Cyclone Idai in May. The resulting report highlighted the need for improved access to emergency shelter and separate aid distribution to ensure women receive aid in an easy and transparent manner without fear of aid distributors requiring sex in exchange for aid.

The commission conducted a gender analysis of media coverage of August 16 violence in Harare and concluded the majority of persons arrested were men, while the majority of those physically attacked by security force members were women, including one woman who required neurosurgery after the demonstration as a result of police action. The commission called on law enforcement and demonstration organizers to ensure the safety and protection of women and other vulnerable groups.

The law recognizes a woman’s right to own property, but very few women owned property due to the customary practice of patriarchal inheritance. Less than 20 percent of female farmers were official landowners or named on government lease agreements. Divorce and alimony laws were equitable, but many women lacked awareness of their rights, and in traditional practice property reverts to the man in case of divorce or to his family in case of his death. The government enacted a new marriage law on July 23 to amend and consolidate the country’s marriage laws in alignment with the constitution. The new law abolishes child marriage and affords civil partnerships or common law marriages the same remedies as legal marriages. Civil partnerships are only for heterosexual persons. The new law does not address property rights during marriage or inheritance following the death of a spouse.

Women have the right to register their children’s births, although either the father or another male relative must be present. If the father or other male relative refuses to register the child, the child may be deprived of a birth certificate, which limits the child’s ability to acquire identity documents, enroll in school, and access social services.

Women and children were adversely affected by the government’s forced evictions, demolition of homes and businesses, and takeover of commercial farms. Widows, when forced to relocate to rural areas, were sometimes “inherited” into marriages with an in-law after the deaths of their spouses.

The government gave qualified women access to training in the armed forces and national service, where they occupied primarily administrative positions. In the Zimbabwe Defense Forces, there were two female brigadier generals appointed in 2013 and 2016 respectively, and one female air commodore appointed in 2016. Minister of Defense and War Veterans Oppah Muchinguri was a woman.

Birth Registration: The 2013 constitution states citizenship is derived from birth in the country and from either parent, and all births are to be registered with the Births and Deaths Registry. The 2012 population census data show that just one in three children younger than age five possessed a birth certificate. Of urban children younger than age five, 55 percent possessed a birth certificate, compared with 25 percent of rural children. Approximately 39 percent of school age children did not have birth certificates. Lack of birth certificates impeded access to public services, such as education and health care, resulting in many children being unable to attend school and increasing their vulnerability to exploitation. For additional information, see Appendix C.

Education: Basic education is not compulsory, free, or universal. The constitution states that every citizen and permanent resident of the country has a right to a basic state-funded education but adds a caveat that when the state provides education, it “must take reasonable legislative and other measures, within the limits of the resources available to it.” According to the 2012 population census, 87 percent of all children attended primary school. School attendance was only slightly higher in urban than in rural areas, and enrollment for children older than 14 was in decline. Urban and rural equity in primary school attendance rates disappeared at the secondary school level. Rural secondary education attendance (44 percent) trailed behind urban attendance (72 percent) by a wide margin.

Although it is mandated by the constitution, there was a lack of free basic education for children, increasing the risk of children’s involvement in child labor. Children were required to attend school only up to age 12, which made children ages 12 through 15 particularly vulnerable to child labor as they were not required to attend school and not legally permitted to work. School fees were often prohibitively expensive and limited access to education, leading some to leave school and enter the workforce at a young age.

Child Abuse: Child abuse, including incest, infanticide, child abandonment, and rape, continued to be a serious problem. In 2018 the NGO Childline received more than 15,000 reports of child abuse via its national helpline and managed more than 10,000 in-person cases at its drop-in facilities across the country. Approximately 26 percent of all reported cases of abuse concerned a child who had been sexually abused; 28 percent concerned physically or emotionally abused children; 18 percent involved neglect; and 7 percent related to forced marriage. Of the 25,000 total cases, 93 percent involved girls.

On April 3, the Constitutional Court ruled against the use of corporal punishment in sentences meted out to male juveniles. This prohibition had not been confirmed through legislative reform. The constitution provides that “no person may be subjected to cruel, inhuman, or degrading treatment or punishment.” In 2017 the High Court outlawed corporal punishment for children at school and home.

Government efforts to combat child abuse continued to be inadequate. The government continued to implement a case management protocol developed in 2013 to guide the provision of child welfare services. In addition there were facilities that served underage victims of sexual assault and abuse.

Early and Forced Marriage: The constitution declares anyone younger than age 18 a child. The marriage law prohibits anyone underage from marriage or entering a civil partnership. The law also criminalizes assisting, encouraging, or permitting child marriages or civil partnerships.

Despite legal prohibitions, some rural families and religious sects continued to force girls to marry. Child welfare NGOs reported evidence of underage marriages, particularly in isolated religious communities or among AIDS orphans who had no relatives willing or able to take care of them. High rates of unemployment, the dropout of girls from school, and the inability of families to earn a stable income were major causes of child marriage.

Families gave girls or young women to other families in marriage to avenge spirits, as compensatory payment in interfamily disputes, or to provide economic protection for the family. Some families sold their daughters as brides in exchange for food, and younger daughters at times married their deceased older sister’s husband as a “replacement” bride. An NGO study published in 2014 found that because of the cultural emphasis placed on virginity, any loss of virginity, real or perceived, consensual or forced, could result in marriage, including early or forced marriage. In some instances family members forced a girl to marry a man based on the mere suspicion that the two had had sexual intercourse. This cultural practice even applied in cases of rape, and the study found numerous instances in which families concealed rape by facilitating the marriage between rapist and victim.

For additional information, see Appendix C.

Sexual Exploitation of Children: Conviction of statutory rape, legally defined as sexual intercourse with a child younger than age 12, carries a fine of 2,000 Zimbabwe dollars (RTGS) ($125), up to 10 years’ imprisonment, or both. A person in possession of child pornography may be charged with public indecency; convictions result in a 600 RTGS dollars ($40) fine, imprisonment for up to six months, or both. A conviction of procuring a child younger than age 16 for purposes of engaging in unlawful sexual conduct results in a fine up to 5,000 RTGS dollars ($300), up to 10 years’ imprisonment, or both. Persons charged with facilitating the prostitution of a child often were also charged with statutory rape. A parent or guardian convicted of allowing a child younger than age 18 to associate with or become a prostitute may face up to 10 years’ imprisonment. Girls from towns bordering South Africa, Zambia, and Mozambique were subjected to prostitution in brothels that catered to long-distance truck drivers. Increasing economic hardships contributed to more girls engaging in prostitution.

Displaced Children: Approximately 10,000 children were displaced from the Tokwe-Mukosi dam area in Masvingo Province (see section 2.d.). The disruption of their parents’ livelihoods negatively affected the children’s access to health care and schooling.

A 2016 UNICEF report estimated 18 percent of children had lost one or both parents to AIDS and other causes. The proportion of orphans in the country remained very high. Many orphans were cared for by their extended family or lived in households headed by children.

Orphaned children were more likely to be abused, not enrolled in school, suffer discrimination and social stigma, and be vulnerable to food insecurity, malnutrition, and HIV/AIDS. Some children turned to prostitution for income. Orphaned children often were unable to obtain birth certificates because they could not provide enough information regarding their parents or afford to travel to offices that issued birth certificates. Orphans were often homeless.

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 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 constitution and law prohibit discrimination against persons with disabilities in employment, access to public places, and the provision of services, including education and health care. The constitution and law do not specifically address air travel or other transportation. They do not specify physical, sensory, mental, or intellectual disabilities. NGOs continued to lobby to broaden the legal definition of “disabled” to include persons with albinism, epilepsy, and other conditions. NGOs also petitioned the government to align the Disabled Persons Act with the constitution. Government institutions often were uninformed and did not implement the law. The law stipulates that government buildings be accessible to persons with disabilities, but its implementation was slow.

NASCOH reported access to justice in courts was difficult for persons with hearing disabilities due to a lack of sign language interpreters. Persons with disabilities living in rural settings faced even greater challenges.

Although two senators were elected to represent persons with disabilities, parliament rarely addressed problems especially affecting such persons. Parliament does not provide specific line items for persons with disabilities in the various social service ministry budgets.

Most persons holding traditional beliefs viewed persons with disabilities as bewitched, and in extreme cases families hid children with disabilities from visitors. According to NASCOH, the public considered persons with disabilities to be objects of pity rather than persons with rights. NASCOH reported that 75 percent of children with disabilities had no access to education.

There were very few government-sponsored education facilities dedicated to persons with disabilities. Educational institutions discriminated against children with disabilities. Essential services, including sign language interpreters, Braille materials, and ramps, were not available and prevented children with disabilities from attending school. Many schools refused to accept children with certain disabilities. Schools that accepted students with disabilities offered very little in the way of nonacademic facilities for those accepted as compared with their counterparts without disabilities. Many urban children with disabilities obtained informal education through private institutions, but these options were generally unavailable for persons with disabilities in rural areas. Government programs, such as the basic education assistance module intended to benefit children with disabilities, failed to address adequately the root causes of their systematic exclusion.

Women with disabilities faced compounded discrimination, resulting in limited access to services, reduced opportunities for civic and economic participation, and increased vulnerability to violence.

Persons with mental disabilities also experienced inadequate medical care and a lack of health services. There were 20 mental health institutions, including four hospitals, three day treatment facilities, three outpatient facilities, and 10 community residential facilities in the country with a total capacity of more than 1,500 residents, in addition to the three special institutions run by the ZPCS for long-term residents and those considered dangerous to society. Residents in these government-run institutions received cursory screening, and most waited for at least one year for a full medical review.

A shortage of drugs and adequately trained mental health professionals resulted in persons with mental disabilities not being properly diagnosed and not receiving adequate therapy. There were few certified psychiatrists working in public and private clinics and teaching in the country. NGOs reported that getting access to mental health services was slow and frustrating. They reported persons with mental disabilities suffered from extremely poor living conditions, due in part to shortages of food, water, clothing, and sanitation.

Prison inmates in facilities run by the ZPCS were not necessarily convicted prisoners. Two doctors examined inmates with psychiatric conditions. The doctors were required to confirm a mental disability and recommend an individual for release or return to a mental institution. Inmates with mental disabilities routinely waited as long as three years for evaluation. In June the World Health Organization provided psychiatric nursing training to 100 nurses from mental health institutions and the ZPCS to assist with personnel shortages.

There were minimal legal or administrative safeguards to allow participation in the electoral processes by persons with disabilities. Administrative arrangements for voter registration at relevant government offices were burdensome, involving long queues, several hours or days of waiting, and necessary return visits that effectively served to disenfranchise some persons with disabilities (see section 3 for voter assistance).

According to government statistics, the Shona ethnic group made up 82 percent of the population, Ndebele 14 percent, whites and Asians less than 1 percent, and other ethnic and racial groups 3 percent. In a shift from past speeches and broadcasts, government leaders discouraged hatred of whites, proclaimed an end to former president Mugabe’s “era of land seizures,” and vowed to compensate white farmers who lost land under the program.

Historical tension between the Shona majority and the Ndebele minority resulted in marginalization of the Ndebele by the Shona-dominated government. During the year senior political leaders refrained from attacking each other along ethnic lines to consolidate support ahead of the by-elections. Within the Shona majority, the Zezuru subgroup, who dominated the government under Mugabe, reportedly harbored resentment toward the Karanga subgroup after Mnangagwa, an ethnic Karanga, became president.

Some government officials continued to blame the country’s economic and political problems on the white minority and western countries. Police seldom arrested government officials or charged them with infringing upon minority rights, particularly the property rights of the minority white commercial farmers or wildlife conservancy owners, who continued to be targeted inland redistribution programs.

According to the criminal code, “any act involving physical contact between men that would be regarded by a reasonable person to be an indecent act” carries a penalty if convicted of up to one year in prison or a fine up to $5,000. Despite that, there were no known cases of prosecutions of consensual same-sex sexual activity. Members of Gays and Lesbians of Zimbabwe (GALZ), the primary organization dedicated to advancing the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, experienced harassment and discrimination against members seeking employment and health services. Transsmart, another active LGBTI group, reported their members believed they were unsafe and unwelcome in churches due to deeply held religious and social stigmas in society. There is no legal option to change gender pronouns on state identity cards, creating identification and travel difficulties. The mismatch between gender presentation and identification pronouns can lead state officials, police, and potential employers to believe the individual is committing identity theft, sometimes leading to criminal arrest.

LGBTI persons were vulnerable to blackmail because of the criminality and stigma of same-sex activity. LGBTI advocacy organizations reported blackmail and being “outed” as two of the most common forms of repression of LGBTI persons. It was common for blackmailers to threaten to reveal one’s sexual identity to police, the church, employers, or family if the victim refused to render payment.

According to GALZ, LGBTI persons often left school at an early age due to discrimination. Higher education institutions reportedly threatened to expel students based on their sexual orientation. Members of the LGBTI community also had higher rates of unemployment and homelessness.

GALZ reported that many persons who identified themselves as LGBTI did not seek medical care for sexually transmitted diseases or other health problems due to fear that health-care providers would shun them or report them to authorities. Public medical services did not offer hormones or gender-confirmation surgeries to the transgender and intersex community. A small number of private clinics provided testosterone therapy, but estrogen therapy required patients to purchase privately and self-administer the drugs or travel to neighboring countries where treatment was available. Some parents treated their children’s identity as an intellectual disability and forced transgender youth into mental health institutions.

The government has a national HIV/AIDS policy that prohibits discrimination against persons with HIV/AIDS, and the law prohibits discrimination against workers with HIV/AIDS in the private sector and parastatals. Despite these provisions, societal discrimination against persons living with HIV/AIDS remained a problem. Local NGOs reported persons affected by HIV/AIDS faced discrimination in health services, education, and employment. Although there was an active information campaign to destigmatize HIV/AIDS by international and local NGOs, the Ministry of Health and Child Welfare, and the National AIDS Council, such ostracism and criticism continued.

In the 2015 Demographic Health Survey, 22 percent of women and 20 percent of men reported they held discriminatory attitudes towards those living with HIV/AIDS.

Inexplicable disappearances and killings, sometimes involving mutilation of the victim, often were attributed to customary or traditional rituals, in some cases involving a healer who requested a human body part to complete a rite. Police generally rejected the “ritual killing” explanation, despite its being commonly used in society and the press.

Throughout the year government-controlled media did not vilify white citizens or blame them for the country’s problems, as was common practice under former president Mugabe.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of private-sector workers to form and join unions, conduct legal strikes, and bargain collectively. Other provisions of law, as well as the government’s application of the law, abrogated these rights. Public-sector workers may not form or join trade unions but may form associations that bargain collectively and strike. The law prohibits antiunion discrimination, provides that the labor court handle complaints of such discrimination, and may direct reinstatement of workers fired due to such discrimination.

The law provides for the registrar of the Ministry of Public Service, Labor, and Social Welfare to supervise the election of officers of workers’ and employers’ organizations, to cancel or postpone elections, and to change the venue of an election. The law also grants the minister extensive powers to regulate union activities such as collecting dues and paying staff salaries, and making decisions concerning the equipment and property that may be purchased by trade unions. The minister has the authority to veto collective bargaining agreements perceived to be harmful to the economy as well as to appoint an investigator who may, without prior notice, enter trade union premises, question any employee, and inspect and copy any books, records, or other documents. The law empowers the minister to order an investigation of a trade union or employers’ organization and to appoint an administrator to run its affairs.

The law significantly limits the right to strike. Strikes are limited to disputes regarding work issues. The law provides that a majority of the employees must agree to strike by voting in a secret ballot. Strike procedure requirements include a mandatory 30-day reconciliation period and referral to binding arbitration (in essential services and in nonessential services where the parties agree or where the dispute involves rights). Following an attempt to resolve a dispute of interest and a labor officer’s issuance of a certificate of no settlement, the party proposing a collective job action must provide 14 days’ written notice of intent to resort to such action, including specifying the grounds for the intended action, in order to call a strike legally. No provisions prohibit employers from hiring replacement workers in the event of a strike.

Police and army members are the only legally recognized essential services employees and may not strike, but the law allows the Ministry of Public Service, Labor, and Social Welfare to declare any nonessential service an essential service if a strike is deemed a danger to the population. The law also allows employers to sue workers for liability during unlawful strikes, with penalties for conviction that include fines, up to five years’ imprisonment, or both.

Collective bargaining agreements applied to all workers in an industry, not just union members. Collective bargaining takes place at the enterprise and industry levels. At the enterprise level, work councils negotiate collective agreements, which become binding if approved by 50 percent of the workers in the bargaining unit. Industry-level bargaining takes place within the framework of the National Employment Councils (NECs). Unions representing at least 50 percent of the workers may bargain with the authorization of the minister of public service, labor, and social welfare. The law encourages the creation of employee-controlled workers’ committees in enterprises where less than 50 percent of workers are unionized. Workers’ committees existed in parallel with trade unions. Their role is to negotiate shop floor grievances, while that of the trade unions is to negotiate industry-level problems, notably wages. Trade unions regarded the existence of such a parallel body as an arrangement that allows employers to undermine the role of unions.

For a collective bargaining agreement to go into effect, the ministry must announce it, thus giving the minister the power to veto the agreement. The Labor Amendment Act expands the minister’s power to veto a collective bargaining agreement if the minister deems it to be “contrary to public interest.” Workers and employers at the enterprise level also may come to a binding agreement outside of the official framework. Despite this provision, the ministry could block indefinitely any collective bargaining agreement that was not announced officially.

There were reports some affiliates of the Zimbabwe Congress of Trade Unions (ZCTU), an umbrella group of trade unions, engaged in collective bargaining with employers without interference from the government. Nevertheless, members of the ZCTU stated employers did not recognize their affiliates within the NECs. The constitution does not extend the right of collective bargaining to security forces.

Although the law does not permit national civil servants to collectively bargain, the Apex Council, a group of public service associations, represented civil servants in job-related negotiations with the Public Service Commission. Public-sector workers threatened a stay away in July unless they received a wage increase. Negotiations with the Apex Council resulted in a one-time payment in July to stave off the strike, and negotiations continued to come to terms on a permanent wage increase. On August 24, however, the Apex Council rejected the government’s offer to increase civil servant salaries as the offer fell far below their demands, leading to continued stay away threats.

The Ministry of Public Service, Labor, and Social Welfare did not effectively enforce the laws. Penalties for conviction of violations of freedom of association or collective bargaining laws were not sufficient to deter violations. Those charged with violating the law were subject to lengthy delays and appeals.

The government did not always respect workers’ right to form or join unions, strike, and bargain collectively. Parliament enacted a bill establishing the Tripartite Negotiating Forum (TNF) in June to formalize dialogue efforts among government, labor leaders, and employers to discuss social and economic policy and address demands. The forum met only once during the year. The ZCTU stated the TNF did little to address its demands for wage increases and labor law reform, and the government showed little progress in supporting workers’ protections, fairness, and peaceful resolution of labor disputes.

Government interference with trade union activity was common. Police and state intelligence services regularly attended and monitored trade union activities such as meetings. Police or ZANU-PF supporters sometimes prevented unions from holding meetings with their members and carrying out organizational activities. Two ZCTU leaders were arrested and charged with subversion for their roles in promoting participation in January’s demonstrations. After 10 months of court appearances and strict bail conditions, to include surrendering their passports and reporting to police stations on a regular basis, the court dismissed the charges in November.

Although the law does not require unions to notify police of public gatherings, police demanded such notification. When unions attempted to hold an event not authorized by police, the ZRP attended and dispersed participants forcefully. Police in Harare forcibly ended an ARTUZ protest on August 23, arresting the ARTUZ president, seven other members, and their attorney (see section 2.b., Freedom of Assembly).

Under POSA and its replacement, MOPA, the government could fine and imprison union members for organizing an illegal strike.

When unions exercised their right to strike, the government met their efforts with violence and excessive force. For example, the ZCTU called for a three-day work shutdown beginning on January 14 in response to President Mnangagwa’s January 12 announcement of a 150 percent fuel price hike. Between January 14 and January 16, security forces reportedly shot and killed 17 demonstrators and injured hundreds of other protesters. In the following weeks, security forces conducted raids and beatings, and arbitrarily arrested more than 800 persons.

On September 3, the ZHDA went on strike after failing to reach an agreement on a salary increase with the government. The government responded to the action with a proposed bill to designate medical providers as essential and prohibit them from striking. The union’s leader, Peter Magombeyi, was abducted and tortured before being released amid public outcry. In October the Labor Court ordered doctors to return to work–a court order that doctors ignored–and referred the labor dispute to arbitration. In November the Ministry of Health announced the termination of 486 doctors involved in the strike.

At the 108th session of the International Labor Organization’s (ILO) International Labor Conference in June, the Committee on the Application of Standards noted concern regarding the government’s failure to implement specific recommendations of the 2010 Commission of Inquiry. The commission found the government responsible for serious violations of fundamental rights by its security forces, including a clear pattern of intimidation, arrests, detentions, violence, and torture of union and opposition members. The committee also noted persistent allegations of violations of the rights of freedom of assembly of workers’ organizations. The committee urged the government to accept an ILO contacts mission to assess progress before the next conference. The government, however, did not accept the direct contacts mission.

The law prohibits forced or compulsory labor, including by children, with exceptions for work for the national youth service and forced prison labor. Penalties were insufficient to deter violations. The laws against forced labor were not effectively or sufficiently enforced. The law does not clearly define human trafficking crimes and requires proof that traffickers transported victims, further limiting the number of crimes classified as human trafficking.

Forced labor occurred in agriculture, mining, and domestic servitude. The full extent of the problem was unknown. Forced labor was reported at Marange Diamond Fields.

The government made moderate advancements in efforts to combat human trafficking. The government continued to implement the Trafficking in Persons Action Plan, developed a national referral mechanism to assist victims of human trafficking, and established guidelines to improve coordination of antitrafficking efforts.

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

The law fully prohibits the worst forms of child labor. The law sets the minimum age for light work at age 12 and for apprenticeship at 16. The law declares void and unenforceable formal apprenticeship contracts entered into by children younger than age 18 without the assistance of a guardian. The law further states that no person younger than age 18 shall perform any work likely to jeopardize that person’s health, safety, or morals.

The Department of Social Welfare in the Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing child labor laws, but the department did not effectively enforce these laws. Penalties were not sufficient to deter violations. The government took limited steps to combat child labor during the year, mostly involving encouragement and monitoring of children’s school attendance.

Child labor occurred in the agricultural, mining, and tobacco production sectors, as well as in commercial sexual exploitation. Some children worked on their family farms, while others worked elsewhere as paid agricultural laborers. In gold mining areas, children carried ore and panned for gold. “Street children,” meaning children who live or work on the streets, often worked as beggars in urban areas. Many had parents who used the children to generate additional income.

“Street children,” meaning children who live or work on the streets, often worked as beggars in urban areas. Many had parents who used the children to generate additional income.

Working children often faced hazards to their health and safety and lacked necessary equipment and training. Working on farms exposed children to bad weather, dangerous chemicals, and the use of heavy machinery. Most children involved in mining worked for themselves, a family member, or someone in the community. Exposure to hazardous materials, particularly mercury, was on the rise in the informal mining sector.

Some employers did not pay wages to child domestic workers, claiming they were assisting a child from a rural home by providing room and board. Some employers paid with goods instead of cash while others paid the parents for a child’s work.

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 .

The law prohibits employment or occupational discrimination based on race, color, gender, tribe, political opinion, creed, place of origin, disability, HIV status, and pregnancy. The law does not expressly prohibit employment discrimination based on age, language, citizenship, social origin, sexual orientation, gender identity, or non-HIV-related communicable diseases. The government did not effectively enforce the law. Discrimination in employment and occupation occurred with respect to race, gender, disability, sexual orientation (see section 6), and political affiliation for civil servants.

The constitution provides for the same legal status and rights for women as for men. Labor legislation prohibits sexual harassment in the workplace, and an employer may be held liable for civil remedies if found to be in violation of provisions against “unfair labor practices,” including sexual harassment. The law does not specify penalties for conviction of such violations. Women commonly faced sexual harassment in the workplace (see section 6).

There were no formal complaints of wage discrimination filed with the Ministry of Public Service, Labor, and Social Welfare; however, women’s salaries lagged behind those of men in most sectors, and women faced discrimination on the basis of gender, when seeking maternity leave provided for by law, and other gender-based benefits. International organizations requested the government provide information on any job evaluation exercise undertaken in the public sector indicating the criteria used and the measures taken to ensure men and women receive equal remuneration for equal work and to monitor other gender disparities. Unions expressed their concern regarding wage disparity between management and employees.

There was a relative lack of women in decision-making positions, despite a constitutional requirement for equal representation of both genders in all institutions and agencies of government at every level.

Employment discrimination against migrant workers occurred, especially those employed in the informal sector.

Persons with HIV/AIDS and albinism faced discrimination in employment. Employers discriminated against members of minority ethnic groups whom they often perceived as opposition supporters. Persons with disabilities faced social and employment discrimination and lack of access to many workplaces. Members of trade unions and workers committees often perceived that adverse employment action targeted them and that workers feared the consequences of participating in trade unions or workers committees. LGBTI persons faced discrimination in employment.

The NECs set the minimum wage for all industrial sectors through a bipartite agreement between employers and labor unions. The minimum wage, when paid, seldom exceeded the poverty line due to the speed of inflation.

The law does not provide for a standard workweek, but it prescribes a minimum of one 24-hour continuous rest period per week. Unions and employers in each sector negotiate the maximum legal workweek. No worker may work more than 12 continuous hours. The law prescribes that workers receive not less than twice their standard remuneration for working on a public holiday or on their rest day. The law provides workers paid public holidays and annual leave upon one year of service with an employer. The government sets safety and health standards on an industry-specific basis. The public service commission sets conditions of employment in the public sector.

Labor law does not differentiate among workers based on sector or industry. The labor law does not apply to the informal sector, which included more than 90 percent of the labor force. The law applies to migrant laborers if they are in the formal sector. There were no reports of discrimination against migrant laborers in the formal sector.

Occupational safety and health standards were up-to-date and appropriate for the main industries in the country. The law provides for workers to remove themselves from situations that endangered health or safety without jeopardy to their employment.

The Ministry of Public Service, Labor, and Social Welfare is responsible for enforcing the minimum wage and work hours laws for each sector. The government did not effectively enforce these laws. The number of labor inspectors was insufficient to enforce labor laws, including those covering children. The Zimbabwe Occupational Safety Council, a quasi-governmental advisory body to the National Social Security Authority (NSSA), regulated working conditions. Staffing shortages, as well as its status as an advisory council, made it largely ineffective. Penalties for violations of wage or hours-of-work restrictions were insufficient to deter violations. Penalties for occupational safety and health violations were inconsistent and fall within the jurisdiction of numerous ministries.

Most work-related injuries and deaths occurred in the mining sector. The NSSA attributed the high injury and fatality rates to low investment in occupational safety and health, noncompliance with rules and regulations, and low levels of awareness of occupational safety and health matters.

Employers paid many agricultural and domestic workers below the minimum wage. Many public servants also earned salaries that put them below the poverty line, and the ZCTU stated worker salaries lost 90 percent of their real value due to rampant inflation and currency changes.

There was little or no enforcement of the work hours law, particularly for agricultural and domestic workers. Although workers were generally unlikely to complain to authorities of violations due to fear of losing their jobs, some exceptions occurred.

Poor health and safety standards in the workplace were common in both the formal and informal sectors due to lack of enforcement. Abuses by the management at certain foreign-owned enterprises and companies owned by well connected politicians were common, including physical, sexual, and emotional abuse of workers; poor working conditions; underpayment or nonpayment of wages; unfair dismissal; and firing without notice. Workers’ committee members of a foreign-owned mining company reported fear and serious victimization, including arbitrary nonrenewal of contracts, dismissals without charges, late payment of salaries, and insufficient provision of protective clothing. The ZCTU’s Health and Social Welfare Department engaged employers on occupational health and safety-related workplace needs. No information was available on the treatment of foreign and migrant workers. The government considered many commercial farm workers to be foreigners because one or both parents were born in another country.

Due to the growth of the informal mining sector, artisanal miners, including children, had increased exposure to chemicals and environmental waste. An estimated 1.5 million persons worked in or depended on artisanal mining, defined as mining activities carried out using low technology or with minimal machinery, according to the Zimbabwe Coalition on Debt and Development.