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Armenia

Executive Summary

Armenia’s constitution provides for a parliamentary republic with a unicameral legislature, the National Assembly (parliament). The prime minister elected by the parliament heads the government; the president, also elected by the parliament, largely performs a ceremonial role. During December 2018 parliamentary elections, the My Step coalition, led by acting prime minister Nikol Pashinyan, won 70 percent of the vote and an overwhelming majority of seats in the parliament. According to the assessment of the international election observation mission under the umbrella of the Organization for Security and Cooperation in Europe (OSCE), the parliamentary elections were held with respect for fundamental freedoms.

The national police force is responsible for internal security, while the National Security Service (NSS) is responsible for national security, intelligence activities, and border control. The Special Investigative Service (SIS) is a separate agency specializing in preliminary investigation of cases involving suspected abuses by public officials. The Investigative Committee is responsible for conducting pretrial investigations into general civilian and military criminal cases and incorporates investigative services. The NSS and the police chiefs report directly to the prime minister and are appointed by the president upon the prime minister’s recommendation. The cabinet appoints the SIS and Investigative Committee chiefs upon the prime minister’s recommendations. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: torture; arbitrary detention, although with fewer reports; harsh and life-threatening prison conditions; arbitrary interference with privacy; significant problems with the independence of the judiciary; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons; and use of forced or compulsory child labor.

The government took steps to investigate and punish alleged abuses by former and current government officials and law enforcement authorities. For example, throughout the year, an investigation continued into the culpability of former high-ranking government officials surrounding events that led to the deaths of eight civilians and two police officers during postelection protests in 2008.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press.

Since the 2018 political transition, the media environment has been freer, as some outlets began to step away from the earlier practice of self-censorship; however, there were reports that some outlets avoided criticizing the authorities so as not to appear “counterrevolutionary.” In its final report on the December 2018 elections, the OSCE Office of Democratic Institutions and Human Rights (ODIHR) Election Observation Mission stated that while most interlocutors noted improvements in media freedom and an increase in plurality of opinions since April 2018, some also noted that the postrevolutionary public discourse was not conducive to criticism of the government, in particular, the then acting prime minister. Many traditional and online media continued to lack objective reporting.

Freedom of Expression: Individuals were free to criticize the government without fear of arrest. After the 2018 “Velvet Revolution,” there were calls for legal measures to address hate speech following incidents of advocacy of violence targeting individuals’ political opinions, religious beliefs, as well as sexual and gender identity.

Press and Media, Including Online Media: Broadcast and larger-circulation print media generally lacked diversity of political opinion and objective reporting. Private individuals or groups, most of whom were reportedly tied to the former authorities or the largest parliamentary opposition party, owned most broadcast media and newspapers, which tended to reflect the political leanings and financial interests of their proprietors. Broadcast media, particularly public television, remained one of the primary sources of news and information for the majority of the population. According to some media watchdogs, public television continued to present news from a progovernment standpoint, replacing one government perspective with another in the aftermath of the political transition. Nonetheless, public television was open and accessible to the opposition as well and covered more diverse topics of public interest than before.

Social media users freely expressed opinions concerning the new government and former authorities on various social media platforms. Use of false social media accounts and attempts to manipulate media, however, continued to increase dramatically during the year. According to media watchdogs, individuals used manipulation technologies, including hybrid websites, controversial bloggers, “troll factories,” and fictional Facebook groups and stories, to attack the government.

The country’s few independent media outlets, mostly online, were not self-sustainable and survived through international donations, with limited revenues from advertising.

The media advertising market did not change substantially after the 2018 “Velvet Revolution,” and key market players remained the same. According to a 2016 report by the Armenian Center for Political and International Studies, the advertising sales conglomerate Media International Services (MIS) controlled 74 percent of the country’s television advertisement gross value, with exclusive rights to sell advertising on the country’s five most-watched channels. Another company, DG Sales, was majority owned by MIS shareholders; it controlled more than one-third of the online commercial market, operating similar to MIS. Internet advertising, although a small segment of the advertising market, increased during the year.

Media company ownership was mostly nontransparent. The country’s Fourth Action Plan of Open-Government Partnership Initiative of the Republic of Armenia (2018-2020) included commitments to improve ownership disclosure. Media NGOs advocated for the media sector to be included as a priority sector in the action plan and proposed changes to the Law on Television and Radio that fostered media ownership transparency.

The government maintained a de facto monopoly on digital broadcasting multiplex, while most channels represented the views of the previous government. Some 10 regional television stations remained at risk of closure due to a drop in viewership and advertising. The stations did not receive government licenses to transmit digitally via the single state-owned multiplex following the 2016 national switch to digital broadcasting, and they continued to transmit via the unsupported analog broadcasting system. The heavy cost of starting and maintaining a private multiplex (which could ensure the continuity of those stations) resulted in three unsuccessful tenders with no applicants since the 2016 switchover. As a result, on January 31, the government decided to shut down “Shirak” Public Television, claiming that the station’s analog broadcast was unable to attract a wide audience and that the transfer of the station to a digital broadcast would require significant financial investment, which the government was unable to make. Media watchdogs criticized the decision and urged the government to change legislation to encourage the entrance of private multiplexers into the country and end the state’s monopoly on digital broadcasting.

Violence and Harassment: The local NGO Committee to Protect Freedom of Expression reported three cases of violence against reporters in the first nine months of the year. Two reporters were attacked by employees of cafes that were being dismantled by Yerevan City Hall in a crackdown against illegal buildings. No criminal charges were filed. In the third case, the bodyguard of former NSS chief Artur Vanetsyan pushed a reporter to the ground.

On February 27, the Kotayk region trial court acquitted Kotayk police department head Arsen Arzumanyan, who had been charged with abuse of office and preventing the professional activities of journalist Tirayr Muradyan in April 2018. On June 5, in answer to an appeal of the acquittal, the Criminal Appeals Court found Arzumanyan guilty and fined him 500,000 drams ($1,000).

Libel/Slander Laws: Media experts raised concerns regarding the unprecedented number of libel and defamation cases launched against media outlets by lawmakers, former officials, and others during the year. According to the Committee to Protect Freedom of Expression, 83 cases were filed with the courts during the first nine months of the year, placing a significant financial burden on media outlets.

National Security: According to media experts there was a dramatic increase in false news stories and the spread of disinformation regarding social networks and media during the year. The government claimed that former government representatives, who reportedly owned most media–including television stations with nationwide coverage–used media outlets to manipulate public opinion against authorities.

On April 4, Prime Minister Nikol Pashinyan ordered the NSS to crack down on anyone using mass media or social media to “manipulate public opinion.” Media experts, including some who said there was a need to address fake news and hate speech, criticized the prime minister’s instructions as an attempt to silence free speech. On April 9, the NSS reported the arrest of a person who administered a Facebook page that falsely presented itself as associated with the prime minister’s Civil Contract Party. The page spread fake news stories and incited violence, including against members of religious minorities. Although the NSS had investigated the Facebook account on charges of incitement of religious hatred since fall 2018, an arrest was made on this charge only after the prime minister’s April 4 instructions.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: There were reports of nonsystemic discrimination in the acceptance of applications and in detention of asylum seekers based on the country of origin, race, or religion of the asylum seeker, as well as difficulties with integration. Civil society contacts reported discriminatory attitudes and suspicion directed towards foreign migrants seeking employment.

In the first nine months of the year, 15 foreigners were arrested for illegal entry after crossing the border via land or air, a decrease from 28 in the first nine months of 2018. Despite a provision in the law exempting asylum seekers from criminal liability for illegal border crossing, authorities required them to remain in detention pending the outcome of their asylum applications or to serve the remainder of their sentences.

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

Access to Asylum: The law provides for granting asylum or refugee status, and the government has established a system for providing protection to refugees. The law accounts for specific needs of children, persons with mental disabilities and trauma survivors and allows detention centers to receive asylum applications. Three years of legal residence in the country is required for naturalization of refugees who are not ethnic Armenians.

Shortcomings in asylum procedures included limited state funding for interpreters and deficiencies in capacity of eligibility officers. Enhanced capacity of the judiciary resulted in an increased number of overruled State Migration Service (SMS) decisions on asylum applications. Following a 2018 administrative court judgment overruling an SMS denial of refugee status to a family from Iraq, the applicants were required to start the asylum process again. In general the courts drew more attention to the merit of asylum applications and used country of origin information more systematically than before 2018.

Authorities continued to offer ethnic Armenians from Syria who remained in the country a choice of protection options, including expedited naturalization, a residence permit, or refugee status. Quick naturalization gave persons displaced from Syria the same legal right to health care and most other social services as other citizens. Many of the countrywide reforms such as provision of increased social services, higher pensions, and more accessible health care also benefited naturalized refugees.

While the overall quality of procedures and decision making for determination of refugee status improved over the last decade, concerns remained regarding adjudication of cases of asylum seekers of certain religious and gender profiles with non-Apostolic Christian and non-Armenian backgrounds.

Access to Basic Services: Many refugees were unable to work or receive an education while their cases worked their way through the legal system, despite legal provisions protecting these rights.

Housing allocated to refugees was in limited supply, in poor condition, and remained, along with employment, refugees’ greatest concern. Many displaced families relied on a rental subsidy program supported by UNHCR and diaspora organizations. Authorities operated an integration house with places for 29 refugees and offered refugees accommodation free of charge during the first months after they acquired refugee status. Language differences created barriers to employment, education, and access to services provided for by law.

Durable Solutions: The government accepted refugees for resettlement and offered naturalization to refugees residing on its territory. The SMS also offered integration programs to returnees from Western European countries who either voluntarily returned or were deported by the host country. On November 21, the government allocated 1.5 billion drams ($3.2 million) for permanent housing to 112 refugee families who fled from Azerbaijan in the late 1980s and early 1990s.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for conviction of official corruption. After the May 2018 “Velvet Revolution,” the government opened investigations that revealed systemic corruption encompassing most areas of public and private life. The government launched numerous criminal cases against alleged corruption by former government officials and their relatives, parliamentarians, and in a few instances, by members of the judiciary and their relatives, with cases ranging from a few thousand to millions of U.S. dollars. Many of those cases continued as of year’s end, and additional cases were reported regularly. The government also launched such cases against a few current government officials.

Corruption: The country has a legacy of systemic corruption in many areas, including construction, mining, public administration, the parliament, the judiciary, procurement practices, and provision of grants by the state. There were allegations of embezzlement of state funds, involvement of government officials in questionable business activities, and tax and customs privileges for government-linked companies. In 2018 the government made combatting corruption one of its top priorities and continued to take measures to eliminate it during the year. Although top officials announced the “eradication of corruption” in the country, local observers noted that anticorruption measures needed further institutionalization. Criminal corruption cases were uncovered in the tax and customs services, the ministries of education and health care, and the judiciary.

According to the Prosecutor General’s Office, in the 13 months ending in June, enforcement bodies and tax services uncovered violations in the amount of 110.5 billion drams (almost $230 million), constituting damages to the state, embezzlement, abuse of official duty, and bribes. Of this amount, 30.1 billon drams ($63 million) was reportedly paid to the state budget; NGOs raised concerns regarding insufficient transparency in this process.

During the year former officials made public announcements of their intent to return assets to the state, allegedly to avoid prosecution. The process by which the government accepted or negotiated such arrangements were unclear.

In December 2018 the Prosecutor General’s Office launched a criminal case against former minister of nature protection and then member of parliament Aram Harutyunyan, for bribery in especially large sums. According to the Special Investigative Service, Harutyunyan misused his position as chair of the interagency tender commission on the establishment of mining rights over the parcels of lands containing minerals of strategic importance, receiving a bribe of $14 million from a business owner in exchange for 10 special licenses for mineralogy studies in mines, further extension of those studies, and, subsequently, permission to exploit the mines. As of late November, Harutyunyan was in hiding from the prosecution.

Financial Disclosure: The law requires high-ranking public officials and their families to file annual asset declarations, which were partially available to the public on the internet. The law grants the Ethics Commission for High-Ranking Officials the powers and tools to partially verify the content of the declarations, including access to relevant databases and the mandate to impose administrative sanctions or refer a case to law enforcement authorities when elements of criminal offenses were identified. After the May 2018 change in government, the Ethics Commission imposed penalties on officials for filing incomplete or late declarations.

By law full verification of the data as well as other functions aimed at preventing corruption is carried out by the Commission on the Prevention of Corruption. The commission, an autonomous collegial body accountable to the parliament, is authorized to have five members who are appointed for a six-year term. It replaces the Ethics Commission for High-Ranking Officials and is broadly empowered to promote official integrity, support development of anticorruption policy, and conduct anticorruption awareness and training. On November 19, the National Assembly elected the five members of the Commission on the Prevention of Corruption by secret ballot; one member was nominated by the government, one by each of the three parliamentary factions, and one by the Supreme Judicial Council. A civil society leader nominated by an opposition party became the commission chairperson.

Under a law criminalizing illicit enrichment, many public officials, including judges and members of parliament and their spouses, disclosed large sums of unexplained income and assets, including large personal gifts and proceeds from providing loans. After the May 2018 change in government, authorities initiated several investigations of discrepancies or unexplained wealth identified in the declarations. On October 3, the government adopted an anticorruption strategy that, among other actions, envisages the creation of a separate special law enforcement body, to be called the Anti-Corruption Committee, by 2021.

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

Following the May 2018 change in government leadership, some civil society representatives joined the government. Others, however, continued to serve as watchdogs, scrutinizing the actions of the government. Domestic and international human rights groups generally operated without government restrictions, investigating and publishing their findings on human rights cases. Civil society organizations considered the government change a window of opportunity for closer collaboration. Government officials were often cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Human Rights Defender (the ombudsperson) has a mandate to protect human rights and fundamental freedoms from abuse at all levels of government. The office improved its outreach to regions and collaboration with regional human rights protection organizations. During the year the office launched a public-awareness campaign on the procedures for reporting domestic violence. The office continued to report a significant increase in the number of citizen complaints and visits, which it attributed to increased public expectations and trust in the institution.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law protects the right of all workers to form and to join independent unions, except for noncivilian personnel of the armed forces and law enforcement agencies. The law also provides for the right to strike, with the same exceptions, and permits collective bargaining. The law mandates seven days’ notification and mandatory mediation before a strike, as well as the agreement of two-thirds of the workforce obtained in a secret vote. The law stipulates that worker rights may not be restricted because of membership in a union. The list of justifiable grounds for firing a worker, enumerated in the labor code, does not include union activity.

In 2018 a law on government structure came into force changing the Health Inspection Body, which was tasked with ensuring the health and occupational safety of employees, to the Health and Labor Inspection Body (HLIB). The HLIB had limited authority to conduct occupational safety and health inspections during that time. There were no other state bodies with inspection responsibilities to oversee and protect the implementation of labor rights. The government did not effectively enforce laws on freedom of association and collective bargaining and has not established which entity should have responsibility for enforcing these laws. On December 4, the National Assembly adopted changes to the labor code reviving the state oversight function of the HLIB and penalties for labor code violations to come into effect in July 2021.

Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions. Experts reported that the right to strike, although enshrined in the constitution, is difficult to realize due to mediation and voting requirements. Following the “Velvet Revolution,” trade unions emerged in the areas of education and research institutions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced and compulsory labor, although it does not define forced labor. While the government effectively prosecuted labor trafficking cases, resources, inspections, and remediation were inadequate to identify forced labor cases at large due to absence of an effective labor inspection mechanism. Penalties for labor trafficking were sufficiently stringent to deter violations.

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

c. Prohibition of Child Labor and Minimum Age for Employment

There are laws and policies designed to protect children from exploitation in the workplace. The law prohibits all of the worst forms of child labor. In most cases the minimum age for employment is 16, but children may work from age 14 with permission of a parent or a guardian. The law allows children younger than 14 to work in the entertainment sector. The maximum duration of the workweek is 24 hours for children who are 14 to 16 and 36 hours for children who are 16 to 18. Persons younger than 18 years may not work overtime; in harmful, strenuous, or dangerous conditions; at night; or on holidays. Authorities did not effectively enforce applicable laws. Penalties were insufficient to enforce compliance. The absence of worksite inspections conducted at the national level impeded the enforcement of child labor laws.

According to the Armenian National Child Labor Survey 2015 Analytical Report, conducted by the Statistical Committee and the International Labor Organization, 11.6 percent of children between ages five and 17 years were employed. Most were involved in the agriculture, forestry, and fishing sectors, while others worked in the sectors of trade, repair, transport, storage, accommodation, and food services. Children were also involved in the trade of motor fuel, construction materials, medication, vehicle maintenance and repair works. According to the survey, 39,300 children were employed, of whom 31,200 were engaged in hazardous work, including work in hazardous industries (400 children), in designated hazardous occupations (600 children), work with long hours (1,200 children), work that involved carrying heavy loads and distances (17,200 children) and, other forms of hazardous work (23,600 children).

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

d. Discrimination with Respect to Employment and Occupation

The constitution and the labor code prohibit discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce the law. There were no effective legal mechanisms to implement these regulations, and discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no statistics on the scale of such discrimination. Administrative penalties were not sufficient to deter violations.

Women generally did not enjoy the same professional opportunities or wages as men, and employers often relegated them to more menial or lower-paying jobs. While providing for the “legal equality” of all parties in a workplace relationship, the labor code does not explicitly require equal pay for equal work. According to a gender-gap study by the UN Population Fund, Diagnostic Study of Discrimination against Women, released in 2016, the gap between the average salaries of men and women in all economic spheres was almost 36 percent. The International Monetary Fund cited the gender pay gap in the country as being strikingly large. According to World Bank data released in 2016, more than one-half of women with intermediary education and one-third of women with advanced education did not participate in paid work. According to the 2017 World Bank study, Leveling the STEM Playing Field for Women, “cultural stereotypes about the work women should engage in and their responsibilities at home present the strongest barrier to equality between women and men” in the country. Women also represented a larger share of the registered unemployed, and it took them a longer time to find work.

Many employers reportedly practiced age and gender discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate it. While there was little awareness of and no comprehensive reporting to indicate the scale of sexual harassment in the workplace, media reports suggested such abuse was common. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, as well as pregnant women also faced discrimination in employment. Religious minorities faced discrimination in public employment.

e. Acceptable Conditions of Work

The established monthly minimum wage was above the poverty income level. The law provides for a 40-hour workweek, 20 days of mandatory paid annual leave, and compensation for overtime and nighttime work. The law prohibits compulsory overtime in excess of four hours on two consecutive days and limits it to 180 hours in a year. The government established occupational and health standards by decree.

Authorities did not effectively enforce labor standards in either the formal or the informal sectors. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspection regime and lack of independent trade unions. While administrative courts were mandated to rule on labor-related cases within three months, few employees sought to apply to courts to reinstate their rights, due to legal costs, the complexity of the application process, as well as distrust of the judiciary. It was unclear if the overloaded courts were able to meet the legally required three-month window for those labor disputes that were submitted.

Many employees of private companies, particularly in the service and retail sectors, were unable to obtain paid leave and were required to work more than eight hours a day without additional compensation. According to representatives of some employment agencies, many employers also hired employees for an unpaid and undocumented “probationary” period of 10 to 30 days. Often employers subsequently dismissed these employees, who were then unable to claim payment for the time they worked because their initial employment was undocumented. According to a 2018 survey carried out by the local NGO Advanced Public Research Group, among 800 respondents only 47.7 percent of those employed by small businesses (20 percent of the respondents) had contracts. The survey also revealed problems related to inability to take paid annual leave and lack of compensation for overtime work.

Managers of enterprises that were the primary employers in certain poor geographic areas frequently took advantage of the absence of alternative jobs and did not provide adequate pay or address job safety and environmental concerns. As of 2017 nearly one-half of all workers found employment in the informal sector. According to official statistics, the government’s anticorruption efforts and active efforts by the tax authorities have led to a notable increase in the number of officially registered employees in the country.

In November 2018 the NGO Helsinki Committee of Armenia presented the results of a study conducted in 2017 on labor rights of teachers working in public schools that found problems with working conditions in terms of safety and health. Some teachers said they did not feel protected from psychological pressure exerted by the school administration and teachers hired to work through nepotism. Approximately one-half of the teachers had to find students to enroll in the schools and some had to ensure the participation of children in political events. According to the teachers, the least protected teachers in their schools were representatives of religious minorities, LGBTI teachers, and former convicts. There were several reports after the revolution that teachers who had voiced corruption concerns regarding school principals faced retribution and were fired. On June 11, a new trade union of teachers (Education and Solidarity) was registered.

During the past several years, there were consistent reports of labor law violations at the company formerly responsible for waste collection in Yerevan, but there were no reports that authorities imposed penalties on the company as a result. Safety and health conditions remained substandard in numerous sectors, and according to official information there were 16 fatal workplace incidents during the year. In light of high unemployment in the country, workers generally did not remove themselves from situations that endangered their health or safety. Authorities offered no protection to employees in these situations, and employees generally did not report violations of their rights.

On July 2, the workers of the Agarak Copper Molybdenum Mine began protests demanding compensation for overtime and for especially heavy and dangerous work, improved working conditions, and the provision of a safe working environment. According to media reports, after a long history of unaddressed grievances, the July protests were triggered by the refusal of mine leadership to address life-threatening stone falls and the demand that miners continue working despite the risk to their lives. The mine leadership claimed the strikes were illegal and demanded that protest organizers provide explanations for absence from work.

Austria

Executive Summary

The Republic of Austria is a parliamentary democracy with constitutional power shared between a popularly elected president and a bicameral parliament (federal assembly). The multiparty parliament and the coalition government it elects exercise most day-to-day governmental powers. Parliamentary elections in September 2019 and presidential elections in 2016 were considered free and fair.

The federal police maintain internal security and report to the Ministry of the Interior. The army is responsible for external security but also has some domestic security responsibilities and reports to the Defense Ministry. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

The government investigated public officials for suspected wrongdoing and punished those who committed abuses. The criminal courts are responsible for investigating police violations of the law. There were no reports of impunity involving the security forces during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

Freedom of Expression: The law prohibits incitement, insult, or contempt against a group because of its members’ race, nationality, religion, or ethnicity if the statement violates human dignity, and imposes criminal penalties for violations. The law also prohibits public denial, belittlement, approval, or justification of the Nazi genocide or other Nazi crimes against humanity in print media, broadcast media, the publication of books, and online newspapers or journals and provides criminal penalties for violations. The law also prohibits disparagement of religious teachings in public. The government strictly enforced these laws (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views.

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

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

f. Protection of Refugees

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

Safe Country of Origin/Transit: EU regulations provide that asylum seekers who transit an EU country determined to be “safe” on their way to Austria be returned to that country to apply for refugee status. Authorities considered signatories to the 1951 refugee convention and its 1967 protocol to be safe countries of transit. The Federal Administrative Court ruled, however, that deportations to Hungary would have to be examined on an individual basis due to the possibility of human rights abuses there.

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

Durable Solutions: There are provisions for integration, resettlement, and returns, which the country was cooperating with the Office of the UN High Commissioner for Refugees and other organizations to improve. The integration section in the Ministry for Foreign Affairs and Integration, together with the Integration Fund and provincial and local integration offices, coordinated measures for integration of refugees.

Temporary Protection: According to the Interior Ministry, in 2018 the government provided temporary protection to approximately 4,190 individuals who might not qualify as refugees but were unable to return to their home countries. According to the Interior Ministry, between January and August, the government provided temporary protection to approximately 1,455 individuals.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

Corruption: The trial of former finance minister Karl-Heinz Grasser and 15 others on embezzlement and corruption charges continued. Grasser and his codefendants were charged in connection with the 2.45 billion euro ($2.7 billion) auction sale of 62,000 state-owned apartments in 2004. Prosecutors alleged that information from the Finance Ministry under Grasser’s leadership helped the eventual auction winner by signaling the size of the bid needed to acquire the properties.

In May the vice chancellor and leader of the Freedom Party resigned after the publication of a 2017 video in which he promised a woman posing as a wealthy Russian that he could manipulate government procurement contracts to her benefit in exchange for her purchasing a major stake in a mass-tabloid newspaper and providing his party with positive media coverage. A special unit with the Vienna Prosecutor’s Office began investigating the case in May.

Financial Disclosure: Public officials are subject to financial disclosure laws; there were no reports that officials failed to comply with disclosure requirements. Politicians must publicly disclose biannually when they earn more than 1,142 euros ($1,260) for certain activities, but they are not required to disclose the amounts they earned. The law does not require public officials to file disclosure reports upon leaving office. There are no sanctions for noncompliance with financial disclosure laws.

In July campaign finance reform legislation went into effect that set new annual limits on campaign donations of 7,500 euros ($8,300) for single donations and a maximum of 750,000 euros ($830,000) in total donations from all sources. The law increases fines for violations to 150 percent of the amount of an illegal donation.

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

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

Government Human Rights Bodies: A human rights ombudsman’s office consisting of three independent commissioners examined complaints against the government. The ombudsman’s office is completely independent and has its own budget; parliament appoints its members. The ombudsman’s office effectively monitored government activities. A parliamentary human rights committee provides oversight.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

d. Discrimination with Respect to Employment and Occupation

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

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

The law requires equal pay for equal work, but women occasionally experienced discrimination in remuneration.

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

e. Acceptable Conditions of Work

There is no legislated national minimum wage. Instead, nationwide collective bargaining agreements covered between 98 and 99 percent of the workforce and set minimum wages by job classification for each industry. Where no such collective agreements existed, such as for domestic workers, custodial staff, and au pairs, wages were generally lower than those covered by collective bargaining agreements. The agreements set wages above the poverty line except in a few cases.

The law in general provides for a maximum workweek of 40 hours, although collective bargaining agreements established 38- or 38.5-hour workweeks for more than half of all employees. Regulations to increase workhour flexibility allowed companies to increase the maximum regular time from 40 hours to 50 hours per week with overtime. A law that entered into force in August allows work hours to be increased to a maximum of 12 hours per day and 60 hours per week, including overtime, but employees can refuse, without providing a reason, to work more than 10 hours per day.

Overtime is officially limited to 20 hours per week and 60 hours per year. The period worked more than an average of 17 weeks must not exceed 48 hours per week. Some employers, particularly in the construction, manufacturing, and information technology sectors, exceeded legal limits on compulsory overtime. Sectors with immigrant workers were particularly affected. Collective bargaining agreements can specify higher limits. An employee must have at least 11 hours off between workdays. Wage and hour violations can be brought before a labor court, which can fine employers who commit violations.

Foreign workers in both the formal and informal sectors made up approximately 19 percent of the country’s workforce. Authorities did not enforce wage and hour regulations effectively in the informal sector.

The labor inspectorate effectively enforced mandatory occupational health and safety standards, which were appropriate for the main industries. The number of inspectors was sufficient to deter violations. Resources and remediation remained adequate. Penalties for violations in the form of fines were sufficient to deter violations. In cases of violations resulting in serious injury or death, employers may be prosecuted under the penal code.

The government extended its Occupational Safety and Health Strategy 2007-12 initiative until 2020. The initiative focused on educational and preventive measures, including strengthening public awareness of danger and risk assessment (plus evaluation); preventing work-related illnesses and occupational diseases; providing training as well as information on occupational safety and health; and improving the training of prevention experts.

Workers could file complaints anonymously with the labor inspectorate, which could in turn sue the employer on behalf of the employee. Workers rarely exercised this option and normally relied instead on the nongovernmental workers’ advocacy group and the Chamber of Labor, which filed suits on their behalf. Workers in the informal economy generally did not benefit from social protections. Workers generally had to pay into the system in order to receive health-care benefits, unemployment insurance, and pensions, although persons who were not working could qualify for coverage in certain cases.

Workers could remove themselves from situations that endanger health or safety, without jeopardy to their employment. The Employment and Labor Relations Federal Public Service protected employees in this situation.

Bangladesh

Executive Summary

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

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

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

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

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, except in two sensitive areas: the CHT and the Rohingya camps in Cox’s Bazar. The government enforced restrictions on access to the CHT by foreigners.

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

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

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

f. Protection of Refugees

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity.

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

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

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

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

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

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

A number of domestic and international human rights groups generally operated with some government restrictions, investigating and publishing their findings on human rights cases. Government officials were rarely cooperative and responsive to their views.

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

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

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

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

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

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

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

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

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

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

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

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

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

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

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

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

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

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

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

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

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

b. Prohibition of Forced or Compulsory Labor

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

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

Children and adults were also forced into domestic servitude and bonded labor that involved restricted movement, nonpayment of wages, threats, and physical or sexual abuse (see section 7.c.).

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

c. Prohibition of Child Labor and Minimum Age for Employment

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

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

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

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

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

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

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

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

Rohingya children residing in refugee camps were vulnerable to forced labor. Rohingya girls were trafficked from the camps to Dhaka or other countries for domestic servitude. Rohingya children recruited to work outside the refugee camps were reported to be underpaid or unpaid, subjected to excessive working hours, or in bonded labor.

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

d. Discrimination with Respect to Employment and Occupation

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

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

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

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

e. Acceptable Conditions of Work

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Eritrea

Executive Summary

Eritrea is a highly centralized, authoritarian regime under the control of President Isaias Afwerki. The People’s Front for Democracy and Justice (PFDJ), headed by the president, is the sole political party. There have been no national-level elections since an independence referendum in 1993.

Police are responsible for maintaining internal security, and the armed forces are responsible for external security, but the government sometimes used the armed forces, reserves, demobilized soldiers, or civilian militia to meet domestic as well as external security requirements. Agents of the national security service, which reports to the Office of the President, are responsible for detaining persons suspected of threatening national security. The armed forces have authority to arrest and detain civilians. Civilian authorities maintained effective control over most security forces.

Significant human rights issues included: forced disappearance, torture, and arbitrary detention, the preceding three actions all committed by the government; harsh and life-threatening prison and detention center conditions; political prisoners; arbitrary or unlawful interference with privacy; serious problems with the independence of the judiciary; the worst forms of restrictions on free expression and the press, including censorship and the existence of criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions on religious freedom; widespread restrictions on freedom of movement; restrictions on political participation; trafficking in persons; criminalization of consensual same-sex sexual conduct; and forced labor, including forced participation in the country’s national service program, routinely for periods beyond the 18-month legal obligation.

The government did not generally take steps to investigate, prosecute, or punish officials who committed human rights abuses. Impunity for such abuses was the norm.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

Although the law and unimplemented constitution provide for freedom of speech, including for the press, the government severely restricted these rights.

The law criminalizes libel as a misdemeanor and prescribes a punishment of between one and six months’ imprisonment and a fine of between 5,000 and 20,000 nakfa ($333-$1,333). The law also criminalizes “malicious injury to honor or reputation,” which covers true statements communicated solely to damage a person’s reputation, and prescribes a punishment of less than one month in prison and a fine of 500 to 5,000 nakfa ($33-$333). It is unclear if these provisions were enforced.

Freedom of Expression: The government severely restricted the ability of individuals to criticize the government in public or in private through intimidation by national security forces.

Press and Media, Including Online Media: The law bans private broadcast media and foreign ownership of media and requires submission of documents, including books, to the government for approval prior to publication. The government controlled all domestic media, including one newspaper published in four languages, three radio stations, and two television stations.

The law requires journalists to be licensed. The law restricts printing and publication of materials. The printing of a publication by anyone lacking a permit and the printing or dissemination of prohibited foreign publications are both punishable under the law. Government approval is required for distribution of publications from religious or international organizations.

In September the Committee to Protect Journalists (CPJ) reported 16 journalists were in detention as of December 2018. The CPJ also reported up to seven journalists may have died while in custody.

The government did not prevent persons from installing satellite dishes that provided access to international cable television networks and programs. The use of satellite dishes was common nationwide in cities as well as villages. Access to South Africa’s Digital Satellite Television (DStv) required government approval, and a subscriber’s bill could be paid only in hard currency. Satellite radio stations operated by diaspora Eritreans reached listeners in the country. Citizens could also receive radio broadcasts originating in Ethiopia.

Violence and Harassment: The government did not provide information on the location or health of journalists it detained in previous years and who were held incommunicado.

Censorship or Content Restrictions: Most independent journalists remained in detention or lived abroad, which limited domestic media criticism of the government. Authorities required journalists to obtain government permission to take photographs. Journalists practiced self-censorship due to fear of government reprisal.

National Security: The government repeatedly asserted national security concerns were the basis of limitations on free speech and expression.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association.

c. Freedom of Religion

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

d. Freedom of Movement

The law and unimplemented constitution provide for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted all these rights. It often denied citizens passports and exit visas because they had not completed their military or national service duties or arbitrarily for no given reason. The government restricted travel of children with foreign passports whom it considered Eritrean nationals.

In-country Movement: The government requires citizens to notify local authorities when they change residence, although many did not. When traveling within the country, particularly in remote regions or near borders, authorities required citizens to provide justification for travel at the few checkpoints.

Travel restrictions on noncitizens lawfully in the country remained in effect. The government required all diplomats, international humanitarian workers, UN staff, and foreigners to request permission from the government at least 10 days in advance to travel more than 15 miles (25 kilometers) outside of Asmara. During the year, however, the government on many occasions approved requests with less than 10 days’ advance notice.

Foreign Travel: The government restricted foreign travel. The government required citizens, sometimes including dual nationals, to obtain exit visas. The government restricted travel of children with foreign passports whom it considered Eritrean nationals. Requirements for obtaining passports and exit visas were inconsistent and nontransparent. The government often denied citizens passports and exit visas because they had not completed their military or national service duties. Authorities generally did not give exit visas to children older than age five. Categories of persons most commonly denied exit visas included men younger than 40, regardless of whether they had completed the military portion of national service, and women younger than 30. For women, marriage status and children also played a role. Those citizens who previously qualified for international travel were permitted to travel to and from Ethiopia when flights between the two countries resumed. Between August 2018 and March, when the border was open, three crossing points between the country and Ethiopia offered limited opportunities for overland travel, in the absence of fully formed immigration and customs procedures and infrastructure. For nationals of both countries, crossing these points did not require an entry visa, and Eritreans did not require exit visas or other travel documents.

Exile: In general citizens had the right to return, but citizens residing abroad had to show proof they paid the 2 percent tax on foreign earned income to the Ministry of Foreign Affairs to be eligible for some government services and documents, including exit permits, birth or marriage certificates, passport renewals, and real estate transactions. The government enforced this requirement inconsistently. There were reports of citizens who left the country without exit visas being denied re-entry.

Citizenship: Most members of Jehovah’s Witnesses who did not perform military service continued to be unable to obtain official identification documents. They were not eligible for jobs in the formal economy or for ration coupons to buy essentials at government-subsidized prices.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The government terminated its cooperation with the UN High Commissioner for Refugees regarding treatment of refugees inside the country in March. The government defined refugee status differently than do the 1951 Convention and its 1967 Protocol Relating to the Status of Refugees. It did not recognize Ethiopians or Sudanese as refugees, instead considering them economic migrants. The government, however, allowed these refugees to remain in the country and granted them residency permits.

The government took steps to downsize the Umkulu Refugee Camp. Of the more than 2,100 refugees housed at the camp in mid-June, only 700 remained in the country at the end of July. At least 1,300 of those refugees travelled to Ethiopia after Eritrean government officials urged them to do so.

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government did not grant Ethiopians or Sudanese asylum, although it allowed them to remain in the country.

Freedom of Movement: Most Somalis at Umkulu Refugee Camp could travel throughout the country.

Employment: Refugees were not granted formal work permits, but some worked informally.

Access to Basic Services: Persons of Ethiopian and Sudanese origin living in the country sometimes claimed they received social entitlements commensurate with the perceived degree of their loyalty to the government, including ration coupons to buy essentials at government-subsidized prices.

Ethiopians, Sudanese, and Somalis were able to access basic government services upon procuring and presenting residency permits.

Durable Solutions: The government did not grant persons of Ethiopian and Sudanese origin asylum or refugee status; however, authorities permitted them to remain in the country and to live among the local population instead of in a refugee camp. Authorities granted them residency permits that enabled them to access government services. Authorities granted Sudanese and Ethiopians exit visas to leave the country for resettlement and study.

Section 3. Freedom to Participate in the Political Process

The law and unimplemented constitution provide citizens the ability to choose their government in free and fair periodic elections, held by secret ballot and based on universal and equal suffrage, but they were not able to exercise this ability.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity.

Corruption: Persons seeking executive or judicial services sometimes reported they obtained services more easily after paying a “gift” or bribe. Patronage, cronyism, and petty corruption within the executive branch were based largely on family connections and used to facilitate access to social benefits. Judicial corruption was a problem, and authorities generally did not prosecute acts such as property seizure by military or security officials or those seen as being in favor with the government.

There were reports of police corruption. Police occasionally used their influence to facilitate the release from prison of friends and family members. Police demanded bribes to release detainees.

Financial Disclosure: The law does not subject public officials to financial disclosure.

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

International civil society organizations focused on human rights were generally not able to operate in the country. The government generally did not cooperate with such groups or with investigations into human rights abuses. No local human rights nongovernmental organizations (NGOs) operated in the country (see section 2.b., Freedom of Association).

The government permitted the ICRC to operate but limited its operations to supporting Ethiopian repatriation and vulnerable Ethiopian residents; implementing assistance projects (water, agriculture, and livestock) for persons living in the regions affected by conflict; disseminating information on international humanitarian law to students and government officials; and connecting separated family members living abroad to their family members in the country through the country’s Red Cross. Authorities did not permit the ICRC to visit prisons or detention centers.

The United Nations or Other International Bodies: The government did not permit visits by the UN special rapporteur on human rights in Eritrea. In June the special rapporteur reported that since her appointment in October 2018, the government had remained opposed to cooperating with her mandate on substantive issues, in addition to refusing to grant her access to the country, thus limiting her ability to provide further information on current conditions.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and requires reinstatement of workers dismissed for legally sanctioned union activity. The law allows for the establishment of unions in workplaces with at least 20 employees and requires a minimum of 15 members to form a union. Workers from multiple smaller worksites, however, can band together to create a “general association,” if there are at least 20 members. The law requires prior authorization from the Ministry of Labor and Human Welfare to establish a union, but it deems registration granted if the ministry does not respond within one month.

The government did not adequately enforce the law, and penalties and legal protections against antiunion interference and acts of interference were insufficient to deter violations. Civil servants as well as domestic workers were not fully covered by labor laws.

The government did not respect freedom of association and the right to collective bargaining in practice. Authorities did not allow nongovernmental meetings of more than seven persons. There is one umbrella trade union, the National Confederation of Eritrean Workers (NCEW), established in 1979 as the trade union wing of the Eritrean People’s Liberation Front. The NCEW was not wholly independent, because it was directly linked to the ruling party. The NCEW’s member union represents hotel workers, service personnel, agricultural professionals, and teachers, among other occupations. The NCEW reported that labor boards, made up of representatives from the union, the workers, and the Ministry of Labor and Human Welfare, address grievances before the likelihood of strikes emerges. Employees of the Bisha mine (which was 60 percent foreign owned and managed, 40 percent government owned)), however, have a nongovernmental union.

In general no NGOs played a significant role in promoting the rights of workers in the country.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced labor and slavery. The government enforced these laws within private industry, and penalties were sufficient to deter violations; however, the legal definition of forced labor excludes activities performed under national service or other civic obligations, compulsory labor for convicted prisoners, and communal services rendered during an emergency. Labor protections limiting hours of work and prohibiting harsh conditions do not apply to persons engaged in national service.

By law all citizens between ages 18 and 50 must perform national service, with limited exceptions. The national service obligation consists of six months of military training and 12 months of active military or civilian national service, for a total of 18 months, or for those unfit to undergo military training, 18 months of service in any public and government organ. The law provides for assignment to a job category according to the person’s capacity and profession, but this was not always followed in practice. There is no provision for alternative service for conscientious objectors.

Forced labor occurred. Despite the 18-month legal limit on national service, the government did not demobilize many conscripts from the military or from civilian national service as scheduled and forced some to serve indefinitely under threats of detention, torture, or punishment of their families. Persons performing national service could not resign or take other employment, generally received no promotions or salary increases, and could rarely leave the country legally because authorities denied them passports or exit visas. Those conscripted into the national service performed standard patrols and border monitoring in addition to labor such as agricultural terracing, planting, road maintenance, hotel work, teaching, construction, and laying power lines, as well as many office jobs in government ministries and agencies and in state-owned enterprises. There were reports that some conscripts were additionally required to perform manual labor on national service projects unrelated to their assignment and for which they received no overtime payment.

The government required those not already in the military to attend civilian militia training and carry firearms, including many who were demobilized, the elderly, or persons otherwise exempted from military service in the past. Failure to participate in the militia or national service could result in detention. Militia duties mostly involved security-related activities, such as airport or neighborhood patrolling. Militia training involved occasional marches and listening to patriotic lectures.

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

c. Prohibition of Child Labor and Minimum Age for Employment

The legal minimum age for employment is 14, although this restriction does not apply to children working outside of formal relationships, including self-employed workers. The government prohibits persons younger than age 18 from employment between 6 p.m. and 6 a.m. and for more than seven hours per day. The government has not determined by national law or regulation the types of hazardous work prohibited for children.

Labor inspectors from the Ministry of Labor and Human Welfare are responsible for enforcing child labor laws, but inspections were infrequent, and penalties, if imposed, were arbitrary and generally insufficient to deter violations.

Children in rural areas commonly worked on family farms, fetched firewood or water, worked in illegal mines, and herded livestock. In urban areas children worked as street vendors of cigarettes, newspapers, and chewing gum. Children also worked in small-scale garages, bicycle-repair shops, metal workshops, and tea and coffee shops. They also transported grain or other goods via donkey cart or bicycle. Child domestic service occurred, as did begging by children.

The government continued to require secondary school students in the ninth, 10th, and 11th grades to participate in the Summer Work Program. News reports stated students planted trees under a larger environmental program. They also served as crossing guards in urban areas. In past years this program included school and hospital maintenance. Students work for four to six hours a day, five days a week, and at least some students were given a small stipend (150 nakfa ($10) for their participation. Reports indicated students who did not participate in the work program were charged fines, and those who did not pay were not permitted to enroll in school during the next academic year.

To graduate from high school and meet the requirements of national service, students are required to complete their final year of schooling (12th grade) at Sawa military complex. Students spend nearly half of the year at Sawa engaged in mandatory military training, which includes military discipline and procedures, weapons training, a survival exercise, and a two- to four-week war simulation. Although the National Service Proclamation establishes 18 years of age as the minimum age for compulsory military training, some students entering 12th grade at Sawa were reportedly as young as age 16. In addition some students are forced to conduct agricultural activities on government-owned farms.

Furthermore the military occasionally performs identity checks that have resulted in the imprisonment of children alleged to be attempting to evade compulsory national service and the forced underage recruitment of children, some as young as age 14, into the military.

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

d. Discrimination with Respect to Employment and Occupation

With respect to employment and occupation, labor laws prohibit discrimination based on race, color, sex, disability, social origin, nationality, political orientation, or religion. The law does not prohibit discrimination on the basis of sexual orientation or gender identity, HIV-positive status, language, or age.

Discrimination against women was common in the workplace and occurred in an environment of impunity. The law does not criminalize sexual harassment (see section 6, Women).

e. Acceptable Conditions of Work

The national minimum wage for employees of PFDJ-owned enterprises and government employees was below the international poverty line. There was no national minimum wage for private-sector workers. The law provides for a standard workweek of 48 hours and no more than two hours per day of overtime, but it includes exceptions for when someone is missing or when there is “urgent work.” The law entitles workers to overtime pay, except for those employed in national service, but this was not always enforced. The legal rest period is one day per week, although most employees received one and one-half days. The government did not effectively enforce the law, and penalties were not sufficient to deter violations.

No published occupational health and safety standards existed. Each government enterprise has a separate agreement with the local union defining the work standards, including occupational health and safety regulations, for that enterprise. There were 168 government enterprises in the country, accounting for most large-scale employers.

The Ministry of Labor and Human Welfare is responsible for worker safety and welfare. The ministry employed inspectors, but the number was unclear and likely insufficient. The National Confederation of Eritrean Workers reported that every enterprise has an inspection at least once per year that is then reviewed by the enterprise, the union, and the ministry.

Approximately 80 percent of the population was employed in subsistence farming and small-scale retail trading. There were no reliable data on the informal economy and no effective mechanisms for monitoring conditions or protecting workers in the informal economy.

The government did not report information regarding abuses pertaining to wage, overtime, safety, and health standards.

North Korea

Executive Summary

The Democratic People’s Republic of Korea (DPRK or North Korea) is an authoritarian state led by the Kim family since 1949. Shortly after Kim Jong Il’s death in 2011, his son Kim Jong Un was named marshal of the DPRK and supreme commander of the Korean People’s Army. His titles also include chairman of the Central Military Commission of the Worker’s Party of Korea, chairman of the State Affairs Commission, and Supreme Representative of the Korean People. Kim Jong Un’s grandfather, the late Kim Il Sung, remains “eternal president.” The most recent national elections, held in March, were neither free nor fair.

Authorities maintained effective control over the security forces. The internal security apparatus includes the Ministries of People’s Security and State Security and the Military Security Command. A systematic and intentional overlap of powers and responsibilities existed between these organizations in order to prevent any potential subordinate consolidation of power and assure that each unit provides a check and balance on the other.

Significant human rights issues included: unlawful or arbitrary killings; forced disappearances by the government; torture by authorities; arbitrary detentions by security forces; harsh and life-threatening prison conditions, including in political prison camps; political prisoners; arbitrary or unlawful interference with privacy; no judicial independence; restrictions on free expression, the press, and the internet, censorship, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association; severe restrictions of religious freedom; restrictions on freedom of movement; restrictions on political participation; widespread corruption; coerced abortion; trafficking in persons; the outlawing of independent trade unions; the use of forced or compulsory child labor; the use of domestic forced labor through mass mobilizations and as a part of the re-education system; and the imposition of forced labor conditions on DPRK overseas contract workers.

The government took no credible steps to prosecute officials who committed human rights abuses. As of year’s end, the government still had not accounted for the circumstances that led to the death of Otto Warmbier, who had been held in unjust and unwarranted detention by the authorities, and who died soon after his release in 2017. Impunity continued to be a widespread problem.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of expression, including for the press, but the government prohibited the exercise of these rights.

Freedom of Expression: There were numerous instances of persons interrogated or arrested for saying something construed as negative towards the government. Australian citizen Alek Sigley was detained in June and later deported after the government cited “antistate incitement” in articles Sigley published in international publications. In its September report entitled North Koreas Organization and Guidance Department: The Control Tower of Human Rights Denial, HRNK asserts that all citizens are required to participate in monitored political meetings and regular self-criticism sessions in order to demonstrate their loyalty to the Kim family, and that failure to participate enthusiastically can be punished including through forced labor, internal exile, detention, or denial of food and medical attention.

Press and Media, Including Online Media: The government sought to control virtually all information; independent media do not exist. Domestic journalists had no freedom to investigate stories or report freely. The government tightly controlled print media, broadcast media, book publishing, and online media through the Propaganda and Agitation Department of the Workers’ Party of Korea (WPK). Within the department, the Publication and Broadcasting Department controls all media content, including content used on television, in newspapers, and on the radio. The law allows for up to one-year sentences to a labor camp for North Koreans who access or disseminate unapproved broadcasts or content, and up to five years for multiple offenses.

The government carefully managed visits by foreigners, especially journalists, and has expelled or denied entry to foreign journalists. During visits by foreign leaders, authorities permitted groups of foreign journalists to accompany official delegations and file reports. In all cases the state strictly monitored journalists. Government officials generally prevented journalists from talking to officials or to persons on the street.

Censorship or Content Restrictions: Strict enforcement of domestic media censorship continued, with no toleration for deviation from official messages. The government prohibited listening to foreign media broadcasts except by the political elite, and violators were subjected to severe punishment. Radios and television sets, unless altered, received only domestic programming; radios obtained from abroad were altered for the same end. Elite citizens and facilities for foreigners, such as hotels, had access to international television broadcasts via satellite. The government continued attempts to jam all foreign radio broadcasts, but HRNK’s Digital Trenches: North Koreas Information Counter-Offensive, released in December, noted that a proliferation of foreign broadcaster transmitters has in recent years begun to overwhelm the jamming effort. Officials imprisoned and punished citizens for listening to foreign radio or watching foreign television broadcasts and, in some cases, for simply owning radio or television sets able to receive nongovernment broadcasts.

National Security: Defector and NGO reports included accounts of North Koreans detained and punished, including by execution, for antistate crimes including criticism of the government and Kim Jong Un.

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

The law provides for the “freedom to reside in or travel to any place;” however, the government did not respect this right.

In-country Movement: The government restricted freedom of movement for those lawfully within the state. Those who violated travel regulations were subject to warnings, fines, or forced labor. Only members of a very small elite class and those with access to remittances from overseas reportedly had access to personal vehicles. Security checkpoints on main roads at entry and exit points from every town hampered movement. KINU’s white paper for 2019 reported that individuals were able to move more freely within their own province as the use of bribery as a means to circumvent the law became more widespread. An increasing number of people traveled without a permit, only to pay a bribe when caught.

The government strictly controlled permission to reside in, or even to enter, Pyongyang, where food availability, housing, health, and general living conditions were much better than in the rest of the country. Foreign officials visiting the country observed checkpoints on the highway leading into Pyongyang.

Foreign Travel: The government restricted foreign travel. The government limited issuance of exit visas for foreign travel to officials and trusted businesspersons, artists, athletes, academics, and workers. Short-term exit papers were available on a very limited basis for some residents to visit relatives, undertake short-term work opportunities, or to engage in small-scale trade.

The government did not allow emigration, and reports stated that it continued to tighten security on the border during the year, dramatically limiting the flow of persons crossing into China without required permits. NGOs reported strict patrols and surveillance of residents of border areas and a crackdown on border guards who may have been aiding border crossers in return for bribes.

The law criminalizes defection and attempted defection. Individuals, including children, who cross the border with the purpose of defecting or seeking asylum in a third country are subject to a minimum of five years of “labor correction.” In “serious” cases, the state subjects asylum seekers to indefinite terms of imprisonment and forced labor, confiscation of property, or death. According to KINU’s white paper for 2018, most repatriated defectors are detained at kyohwasos in Jeongeori, North Hamgyeong Province, or Gaechon, South Pyeongan Province.

Many would-be refugees who returned involuntarily from foreign states received imprisonment under harsh conditions. Some sources indicated authorities reserved particularly harsh treatment for those who had extensive contact with foreigners, including those with family members resettled in South Korea.

Media reported in May 2018 that Kim Jong Un ordered government agencies to exert greater pressure on family members of defectors to pressure them to return home. Defectors reported that family members in North Korea contacted them to urge their return, apparently under pressure from North Korean officials. According to the South Korean Ministry of Unification, the number of North Korean defectors remained nearly the same from 2017 to 2018, and projected numbers were similar for 2019, according to a November Yonhap report.

Past reports from refugees noted the government differentiated between persons who crossed the border in search of food (who may be sentenced only to a few months of forced labor or in some cases merely issued a warning), and persons who crossed repeatedly for “political” purposes (who were sometimes sentenced to harsher punishment), including those who had alleged contact with religious organizations based near the Chinese border. The law stipulates a sentence of up to two years of “labor correction” for illegally crossing the border.

Exile: The government reportedly forced the internal exile of some citizens. In the past it forcibly resettled tens of thousands of persons from Pyongyang to the countryside. Sometimes this occurred as punishment for offenses and included those judged to be politically unreliable based on the social status of their family members.

f. Protection of Refugees

The government did not cooperate with the Office of the UN High Commissioner for Refugees or other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection for refugees. The government did not grant refugee status or asylum. The government had no known policy or provision for refugees or asylum seekers and did not participate in international refugee fora.

Section 3. Freedom to Participate in the Political Process

Citizens do not have the ability to choose their government peacefully.

Section 4. Corruption and Lack of Transparency in Government

Verifiable information was not available on whether criminal penalties for official corruption were actually applied. International organizations widely reported senior officials engaged in corrupt practices with impunity.

Corruption: Corruption was reportedly widespread in all parts of the economy and society and endemic in the security forces. A 2016 meeting chaired by Kim Jong Un marked the first public recognition of systemic abuse of power and reportedly addressed the practice of senior officials who sought privileges, misused authority, abused power, and manifested “bureaucratism” in the party. Defectors interviewed for the UN High Commissioner on Human Rights report, The Price Is Rights, published in May, said workers paid off guidance officers at government factories so that they would not have to report to work and could engage in outside commercial activity.

Reports of diversion of food to the military and government officials were further indicators of corruption.

Multiple ministries and party offices were responsible for handling issues of corruption.

Financial Disclosure: Information was not publicly available on whether the state subjects public officials to financial disclosure laws and whether a government agency is responsible for combating corruption.

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

There were no independent domestic organizations to monitor human rights conditions or comment on the status of such rights. The government reported many organizations, including the Democratic Lawyers’ Association, General Association of Trade Unions, Agricultural Workers Union, and Democratic Women’s Union, engaged in human rights activities, but observers could not verify the activities of these organizations.

The international NGO community and numerous international experts continued to testify to the grave human rights situation in the country. The government decried international statements regarding human rights abuses in the country as politically motivated interference in internal affairs. The government asserted criticism of its human rights record was an attempt by some countries to cover up their own abuses and that such hypocrisy undermined human rights principles.

The United Nations or Other International Bodies: The government emphasized it had ratified a number of UN human rights instruments, but it continued to refuse to cooperate with UN representatives. The government prevented the UN special rapporteur on the situation of human rights in the DPRK from visiting the country to carry out his mandate, which it continued to refuse to recognize. The UN special rapporteur on the rights of persons with disabilities has not visited the DPRK since 2017. The visit did not focus on allegations of human rights abuses, and the DPRK continues to resist the special rapporteur’s mandate.

Government Human Rights Bodies: The government’s DPRK Association for Human Rights Studies denied the existence of any human rights violations.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

Workers do not have the right to form or join independent unions, bargain collectively, or strike. There were no known labor organizations other than those created and controlled by the government. While the law stipulates that employees working for foreign companies may form trade unions and that foreign enterprises must provide conditions for union activities, the law does not protect workers who might attempt to engage in union activities from employer retaliation, nor does it provide penalties for employers who interfere in union activities. Unlawful assembly may result in five years of correctional labor.

The WPK purportedly represents the interests of all labor. The central committee of the WPK directly controls several labor organizations in the country, including the General Federation of Trade Unions of Korea and the Union of Agricultural Workers of Korea. Operating under this umbrella, unions functioned according to a classic Stalinist model, with responsibility for mobilizing workers to support production goals and for providing health, education, cultural, and welfare facilities.

The government controlled all aspects of the formal employment sector, including assigning jobs and determining wages. Joint ventures and foreign-owned companies were required to hire their employees from government-vetted lists. The government organized factory and farm workers into councils, which purportedly afforded a mechanism for workers to provide input into management decisions.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. Nonetheless, the government mobilized the population for construction and other labor projects. “Reformatory labor” and “re-education through labor,” sometimes of entire families, were common punishments for political offenses. Forced and compulsory labor in such activities as logging, mining, tending crops, and manufacturing continued to be the common fate of political prisoners.

The law requires all citizens of working age to work and “strictly observe labor discipline and working hours.” There were numerous reports that farms and factories did not pay wages or provide food to their workers. Forced labor continued to take place in the brick making, cement manufacturing, coal mining, gold mining, logging, iron production, agriculture, and textile industries. The South Korean NGO Open North Korea estimated that North Koreans perform $975 million worth of forced labor each year. The Walk Free Foundation, in its 2018 Global Slavery Index, estimated that one of every 10 individuals, or approximately 2.6 million persons, in North Korea were in situations of modern slavery.

According to reports from an NGO, during the implementation of short-term economic plans, factories and farms increased workers’ hours and asked workers for contributions of grain and money to purchase supplies for renovations and repairs. By law failure to meet economic plan goals may result in two years of “labor correction.” In 2018 workers were reportedly required to work at enterprises to which the government assigned them and then failed to compensate or undercompensated them for their work. Media reported an increasing number of urban poor North Koreans moved to remote mountains to hide from authorities and avoid mass mobilizations.

The May UN report The Price Is Rights noted work “outside the State system, in the informal sector, has become a fundamental means to survival [but] access to work in the informal sector has become contingent on the payment of bribes.”

In 2018 the UN special rapporteur on the situation of human rights in North Korea noted that in 2017 authorities reportedly evicted up to 600 families in villages in Ryanggang Province to allow for the construction of a new railway line and high-rise apartment blocks. Some of those evicted were reportedly mobilized alongside local youth shock brigades to help with the railway construction.

According to Open North Korea’s report Sweatshop, North Korea, 16- or 17-year-olds from the low loyalty class were assigned to 10 years of forced labor in military-style construction youth brigades called dolgyeokdae. One worker reportedly earned a mere 120 won (less than $0.15) per month. During a 200-day labor mobilization campaign in 2016, for example, these young workers worked as many as 17 hours per day. State media boasted that the laborers worked in subzero temperatures. One laborer reported conditions were so dangerous while building an apartment building that at least one person died each time a new floor was added. Loyalty class status also determines lifelong job assignments, with the lowest classes relegated to dangerous mines.

Human Rights Watch reported the government operated regional, local, or subdistrict level “labor training centers” and forced detainees to work for short periods doing hard labor, with little food and subject to abuse, including regular beatings. Authorities reportedly sent individuals to such centers if suspected of engaging in simple trading schemes or unemployed. In October 2018 the HRNK reported that tens of thousands of citizens, including children, were detained in prisonlike conditions in these centers and suggested that satellite imagery indicated the number and size of such camps were expanding.

At the end of the year, tens of thousands of North Korean citizens were working overseas, primarily in Russia and China. Workers were also reportedly present during the year in the following countries: Algeria, Angola, Bangladesh, Cambodia, Equatorial Guinea, Ethiopia, Guinea, Italy, Kyrgyzstan, Laos, Malaysia, Mali, Mongolia, Mozambique, Nepal, Nigeria, Oman, Poland, Qatar, Republic of the Congo, Senegal, Tanzania, Thailand, the United Arab Emirates, Vietnam, Zambia, and Zimbabwe. Some of these countries subsequently removed most or all North Korean workers during the year. However, reports suggested several countries either had not taken action or had resumed issuing work authorizations or other documentation, allowing North Koreans to resume work. Russia reportedly issued more than five times as many tourist and study visas to DPRK residents as it did during the previous year, strongly suggesting that these visas are being used as a workaround for workers. Similarly, there were reports that previously closed factories in China had resumed operations with new North Korean workers.

Numerous NGOs noted North Korean workers abroad were subjected to forced labor. NGO reports indicated the government managed these laborers as a matter of state policy and that they were under constant and close surveillance by DPRK security agents. Laborers worked between 12 and 16 hours per day, and sometimes up to 20 hours per day, with only one or two rest days per month. Employers stated the average wage was 270,000 to 900,000 won per month ($300 to $1,000), but in most cases employing firms paid salaries directly to the DPRK government, which took between 70 percent and 90 percent of the total earnings, leaving approximately 90,000 won ($100) per month for worker take-home pay. The government reportedly has received hundreds of millions of dollars from this system each year. The state reportedly withheld some wages in certain instances until the laborers returned home after the completion of their three-year contracts. Workers reportedly worked in a range of industries, including but not limited to apparel, construction, footwear manufacturing, hospitality, information technology services, logging, medical, pharmaceuticals, restaurant, seafood processing, textiles, and shipbuilding.

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

c. Prohibition of Child Labor and Minimum Age for Employment

By law the state prohibits work by children younger than age 16 but does restrict children 16 to 17 from hazardous labor conditions. The law criminalizes forced child labor, but there were reports such practices occurred. NGOs reported government officials held thousands of children and forced them to work in labor camps with their parents.

Officials occasionally sent schoolchildren to work in factories or fields for short periods to assist in completing special projects, such as snow removal on major roads or meeting production goals. The UN Committee on the Rights of the Child has noted its concern children were also sometimes subjected to mass mobilizations in agriculture away from their families, with long working hours per day, sometimes for periods of a month at a time. Human Rights Watch published North Korean students’ reports that their schools forced them to work without compensation on farms twice a year for one month each time. Human Rights Watch also reported schools required students under the minimum working age to work in order to raise funds for faculty salaries and maintenance costs for school facilities. According to media reports in August, students ages 14-15 were required to work in WPK opium fields.

Children ages 16 and 17 were enrolled in dolgyeokdae (military-style construction youth brigades) for 10-year periods and subjected to long working hours and hazardous work. Students suffered from physical and psychological injuries, malnutrition, exhaustion, and growth deficiencies as a result of required forced labor.

d. Discrimination with Respect to Employment and Occupation

While the law provides that all citizens “may enjoy equal rights in all spheres of state and public activities” and all “able-bodied persons may choose occupations in accordance with their wishes and skills,” the law does not prohibit discrimination with respect to employment or occupation on the basis of race, religion, ethnicity, or other factors. There is no direct reference to employment discrimination in the law; classification based on the songbun loyalty system has a bearing on equal employment opportunities and equal pay.

Despite the law according women equal social status and rights, societal and legal discrimination against women continued. Labor laws and directives mandate sex segregation of the workforce, assigning specific jobs to women while impeding their access to others. Women’s retirement age is also set at 55 years, compared with 60 years for men, which has material consequences for women’s pension benefits, economic independence, and access to decision-making positions.

Persons with disabilities also faced employment discrimination. Most of the approximately 1,200 workshops or light factories for persons with disabilities built in the 1950s were reportedly no longer operational; there were limited inclusive workplaces.

e. Acceptable Conditions of Work

There is no legal minimum wage in the country. No reliable data were available on the minimum wage paid by state-owned enterprises. Wages are sometimes paid at least partially in kind rather than in cash.

The law stipulates an eight-hour workday, although some sources reported that laborers worked longer hours, perhaps including additional time for mandatory study of the writings of Kim Il Sung and Kim Jong Il. The law provides all citizens with a “right to rest,” including one day’s rest per week (Sunday), paid leave, holidays, and access to sanitariums and rest homes funded at public expense. The state’s willingness and ability to provide these services were unknown, however.

The law recognizes the state’s responsibility for providing modern and hygienic working conditions. The law criminalizes the failure to heed “labor safety orders” pertaining to worker safety and workplace conditions, but only if the conditions result in the loss of lives or other “grave loss.” Workers themselves do not have a designated right to remove themselves from hazardous working conditions. No information is available on enforcement of labor laws.

Mandatory participation in mass events on holidays and practice sessions for such events sometimes compromised leave or rest from work. Workers were often required to “celebrate” at least some part of public holidays with their work units and were able to spend an entire day with their families only if the holiday lasted two days. Failures to pay wages were common and reportedly drove some workers to seek income-generating activity in the informal or underground economy.

Many worksites were hazardous, and the industrial accident rate was high.

Sweden

Executive Summary

The Kingdom of Sweden is a constitutional monarchy with a freely elected multiparty parliamentary form of government. Legislative authority rests in the unicameral parliament (Riksdag). Observers considered the general elections in September 2018 to be free and fair. In January a center-left coalition led by Stefan Lofven of the Social Democratic Party assumed office. The king is largely a symbolic head of state. The prime minister is the head of government and exercises executive authority.

The national police are responsible for law enforcement and general order within the country. The Security Service is responsible for national security related to terrorism, extremism, and espionage. The Ministry of Justice provides funding and letters of instruction for police activities, but it does not control how the police perform them. According to the constitution, all branches of the police are independent authorities. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

Authorities generally prosecuted officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

b. Freedoms of Peaceful Assembly and Association

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

c. Freedom of Religion

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

d. Freedom of Movement

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

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Police reported several fires involving housing facilities or planned housing facilities for asylum. While most of the fires were accidents, some of the incidents were suspected to be arson.

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

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Applicants may appeal unfavorable asylum decisions.

On May 24, the Council of Europe’s commissioner for human rights submitted an intervention to the European Court for Human Rights in the case of Dabo v. Sweden which argued that the right of family unification for refugees overrode the country’s bureaucratically set deadlines for making such requests. The case continued at year’s end.

Asylum seekers who have been denied residence are not entitled to asylum housing or a daily allowance, although many municipalities continued to support rejected asylum seekers through the social welfare system at the local level.

Safe Country of Origin/Transit: In accordance with EU regulations, the government denied asylum to persons who had previously registered in another EU member state or in countries with which the government maintained reciprocal return agreements.

Durable Solutions: The government assisted in the voluntary return of rejected asylum seekers to their homes and authorized financial support for their repatriation in the amount of 30,000 kronor ($3,170) per adult and 15,000 kronor ($1,590) per child, with a maximum of 75,000 kronor ($7,930) per family. The country also participated in the European Reintegration Network that offered support for the reintegration of returning rejected asylum seekers.

Temporary Protection: The government also provided various forms of temporary protection to individuals who may not qualify as refugees. In 2018 it provided temporary protection to 517 persons.

Section 3. Freedom to Participate in the Political Process

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

Section 4. Corruption and Lack of Transparency in Government

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

Financial Disclosure: The law requires public officials and political parties to disclose their income and assets. The declarations are available to the public, and there are criminal and administrative sanctions for noncompliance.

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

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

Government Human Rights Bodies: The country had nine national ombudsmen: four justice ombudsmen; the chancellor of justice; the children’s ombudsman; the consumer ombudsman; the child and school student ombudsman; and the equality ombudsman with responsibility for ethnicity, gender, transsexual identity, religion, age, sexual orientation, and disabilities. There were normally ombudsmen at the municipal level as well. The ombudsmen enjoyed the government’s cooperation and operated without government or party interference. They had adequate resources, and observers considered them generally effective.

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

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The 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.

b. Prohibition of Forced or Compulsory Labor

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/.

c. Prohibition of Child Labor and Minimum Age for Employment

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.

d. Discrimination with Respect to Employment and Occupation

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.

e. Acceptable Conditions of Work

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.

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The Lessons of 1989: Freedom and Our Future